at the counsell at white-hall ordered by his highness with the consent of his counsel, that the commissioners for the excise ... england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) at the counsell at white-hall ordered by his highness with the consent of his counsel, that the commissioners for the excise ... england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . broadside. s.n.], [s.l. : . "thursday th of may, ." "ex. wm. iessop, clerk of the counsell." reproduction of original in the british library. eng taxation -- england. great britain -- history -- commonwealth and protectorate, - . a r (wing c ). civilwar no thursday th of may, at the counsell at white-hall. ordered by his highness with the consent of his counsel, that the commissioners fo england and wales. council of state a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion thursday th of may , at the counsell at white-hall . ordered by his highness with the consent of his counsel , that the commissioners for the excise for the time being , and their sub-commissioners , doe demand and receive for the duty of excise from and after the th of march last , six pence upon every hundred weight conteining one hundred and twelve pound of iron english , and no more , to be paid by the maker ; the rate in the ordinance of the th of march , . notwithstanding . ex. wm. iessop clerk of the councell . whereas there was an ordinance made by the late general convention of this kingdom, assembled by his majesties authority, intituled, an ordinance for the speedy raising of moneys for his majesties service ... by the lords justices and council, mau. eustace, canc., orrery. ireland. lords justices and council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas there was an ordinance made by the late general convention of this kingdom, assembled by his majesties authority, intituled, an ordinance for the speedy raising of moneys for his majesties service ... by the lords justices and council, mau. eustace, canc., orrery. ireland. lords justices and council. eustace, maurice, sir, ca. - . orrery, roger boyle, earl of, - . broadside. printed by john crook ... and are to be sold by samuel dancer ..., dublin : [ ] title from first lines of text. statement of responsibility transposed from head of title. "given at the council-chamber in dublin, the . day of february, " [ ] reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng fraud -- ireland. tax collection -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the lords justices and council . mav . evstace canc. orrery . whereas there was an ordinance made by the late general convention of this kingdom , assembled by his majesties authority , intituled , an ordinance for the speedy raising of moneys for his majesties service , and dated the first day of march ; which ordinance was for raising a double pole ; and whereas we have received information that in the leavying of the moneys charged by the said ordinance , there have been great misdemeanours in the collectors and sub-collectors thereof in several counties , by charging the people with more money than in the books of assesments delivered to the collectors were charged on them , exacting in some cases double , and in some cases treble the sums charged on them , and in exacting moneys towards payment of the said double pole from others who were not charged in the said books of assesments ; which moneys so unduly received , the said collectors and sub-collectors have taken and converted to their own private uses , without rendering any accompt for the same to his majestie ; by which misdemeanours in the said collectors and sub-collectors , his majesty hath been abused , and his subjects oppressed : we therefore ( who have it in charge from his majesty to preserve his subjects from wrongs and oppressions ) being abundantly sensible of those miscarriages , and being desirous to apply such remedy thereunto , as may tend not onely to the just punishment of the offenders , but also to the relief of those who have been oppressed ; do in order thereunto , by this proclamation in his majesties name strictly charge and command , all and every the commissioners appointed for taxing the said double pole in all and every the counties of this kingdom , that where they have not as yet returned to his majesties receiver general or his deputy , duplicates of the books delivered to the collectors of the said moneys , that they do forthwith cause the said duplicates to be returned to his majesties said receiver general or his deputy , without referring him to the returns of the first single pole ; wherein if they fail ( it being that which they ought long since to have done ) as we may thereby have cause to suspect that some of them have at least purposely connived at the frauds of the collectors or sub-collectors : so they may justly expect to be proceeded against for their so long neglect in returning the said duplicates ; and the said commissioners of every county are to take order that the clerk employed by them in transcribing the said books , do attend the next going iudges of assize into the county where such clerk was so employed , and there on the first day of the session of the said iudges of assize , for that county where such clerk was employed , that the said clerk do deliver to the said iudges a duplicate of the said books , attested by some of the said commissioners , and there to attend during the sessions of the said iudges for that county ; and the said iudges of assize are then and there to hear and examine all complaints that shall be exhibited unto them , against any of the said collectors or sub-collectors , or others , for or concerning any frauds or abuses committed or concerning the levying of the said double pole , and to proceed according to law against such persons , as shall be found to have misdemeaned themselves therein , and that in such sort as may be not onely for the just punishment of such offenders , but also exemplary for others to take warning by , that they presume not to offend in that kind , and also for satisfaction and reparation to be made to the persons injured ; and the said iudges of assize are at their return from the circuite to give an accompt in writing at this board of their proceedings herein . given at the council-chamber in dublin , the . day of february , . god save the king . ja. dublin . hen. tichborne . ja. donelan . j. temple . r. coote . paul davys . fra. hamilton . robert forth . ja. ware. rob. meredith . dvblin , printed by iohn crook , printer to the kings most excellent majesty : and are to be sold by samuel dancer bookseller in castle-street , anno dom. . an ordinance of the lords and commons assembled in parliament, for the raising of moneys for redemption of distressed captives. die martis, . jan. . ordered by the commons assembled in parliament, that this ordinance be forthwith printed: h: elsynge, cler. parl. d. com. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ordinance of the lords and commons assembled in parliament, for the raising of moneys for redemption of distressed captives. die martis, . jan. . ordered by the commons assembled in parliament, that this ordinance be forthwith printed: h: elsynge, cler. parl. d. com. england and wales. parliament. p. for laurence blaiklock, printed at london : jan. . . [i.e. ] date of publication from wing. reproduction of the original in the british library. eng ransom -- early works to . pirates -- early works to . taxation -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no an ordinance of the lords and commons assembled in parliament,: for the raising of moneys for redemption of distressed captives. die martis england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in sparliament , for the raising of moneys for redemption of distressed captives . die martis , . jan. . ordered by the commons assembled in parliament , that this ordinance be forthwith printed : h : elsynge , cler. parl. d. com. printed at london for laurence blaiklock . jan. . die martis , . ian. . vvhereas by an act made this present parliament , intituled , an act for the relief of the captives taken by the turkish , morish , and other pyrates : and to prevent the taking of others in time to come , a subsidy of one per centum was imposed on all goods , wares , and merchandize , of what nature , kinde , or quality whatsoever to be exported out of , or imported into this kingdom of england and dominion of wales ; which subsidy or imposition was to continue by the said act , during the space of three yeers , expiring the tenth of december , . and whereas the lords and commons by their ordinance of the twenty fourth of october , . for the carrying on that so pious a work , the releasing of the said distressed captives : and withall , having respect to the incouragement of merchants in their trade , did thereby declare and order , that onely one fourth part of the moneys due on the severall bonds taken and due by the said act ; that is to say , one fourth part of the one per cent. which is one shilling in every twenty shillings paid for custome and subsidy , according to the now book of rates established by authority of this present parliament , should be paid by the severall merchants so indebted , and to continue the payment of the said fourth part of one per cent. as before , upon all goods and merchandize exported and imported unto the expiration of the said act . now the said lords and commons finding the said work will require far greater sums of mony then could be raised by vertue of the said former act and ordinance , during the time therein limited by the said one fourth part , do order and ordain : that the said ordinance of the twenty fourth of october , . concerning the collecting of the said duty and imposition of one fourth part of one per cent. which is one shilling in every twenty shillings , paid for custome and subsidy , according to the now book of rates established by authority of this present parliament , upon all goods and merchandize exported or imported into this kingdom of england , dominion of wales , and port and town of barwick , shall stand and continue in full force and power , from the said tenth of december , . inclusive , unto the eleventh of december , . and that the chamberlain of the city of london for the time being , his deputy or deputies , be hereby appointed collectors , who are hereby enabled to receive all such sums of money as shall hereafter , during the continuance of this ordinance , be payable or payd for , and in respect of the said duty , who are heereby required to attend at the severall custome-houses in the port of london , and out-ports , at the usuall hours , between nine and twelve in the morning , to receive the same , and to take such further course for dispatch of the service , as he or they in their wisdoms shall think fit . and it is further ordained , that all such sums of money as shall be collected and received for the said duty aforesaid , shall from time to time be issued , imployed , disposed and payed by the said chamberlain , for and towards the redemption of the said distressed captives , in such manner as by the lord admirall for the time being , and the committee for the navie of the commons house of parliament , or in the absence of the lord admirall , by the committee of the navy shall be ordered and directed , whose order from time to time shall bee his sufficient discharge . and that the said duty may be duly collected and paid according to the true intent and meaning of this ordinance , it is ordained , that no officer or officers belonging to any custome-house in the kingdom of england , dominion of wales , and town of barwick , do passe any warrant cocquet , or permit any goods to passe by any warrant cocquet , unlesse the same be signed or subscribed by the chamberlain of london , his deputy or deputies . and for the better incouragement of the said chamberlain , the lords and commons do ordain , that whatsoever act or acts , the said chamberlain , his deputy , deputies , or any one of them , shall do in the execution of this ordinance : and whatsoever money they shall receive and issue out by vertue of the same ; they , their heirs , executors and administrators shall be acquitted , discharged , and saved harmlesse , by the power and authority of both houses of parliament . provided , that the said duty be not demanded or levyed of the merchant-strangers , trading upon the composition trade at dover . provided also , and it is the true intent and meaning of this ordinance , that no merchant-stranger whatsoever , as to this duty , do pay any more then the merchant-denizen doth ; and likewise , that as touching the duty hereby imposed , there be no deduction or defalkation of fifteen pounds per cent. any thing contained in this ordinance to the contrary in any wise notwithstanding . io: brown , cleric . parliamentorum . h : elsynge , cler. parl. d. com. finis . junii . . at the committee of lords and commons for advance of money and other necessaries for the army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) junii . . at the committee of lords and commons for advance of money and other necessaries for the army. england and wales. parliament. sheet ([ ] p.) s.n., [london : ] imprint from wing. an order respecting the collection of the weekly assessment. signed: martin dallison, clerke to the said committee. reproduction of the original in the british library. eng taxation -- great britain -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no junii . . at the committee of lords and commons for advance of money and other necessaries for the army. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion junij . . at the committee of lords and commons for advance of money and other necessaries for the army . it is ordered , that the collectors upon the weekly assessement , by vertue of the ordinance of parliament , of the fourth of march last , doe use their best indeavours to collect the arreares of such monies as are assessed by vertue of the said ordinance , and carry in and pay the same to the treasurers in guild-hall , before the twelfth of this instant june , & that in the meane time the said collectors do give a note ( of the names of such persons in their severall and respective wards and precincts as have been refractory and refuse to pay the said weekly assessement ) unto the persons newly appointed to take distresse , who are to distraine for the summes assessed and unpaid , and pay the same to the collectors in the said severall and respective wards in case they distraine mony , and the goods they distraine to carry to guild-hall to samuel gosse , or his deputy appointed to receive the same . and for such sums of money as the said persons shall distraine , the said collectors shall not onely allow and pay to the persons taking distresse , the two pence in the pound allowed by the said ordinance , but also two pence in the pound more of their own monies for their paines therein , if they themselves shall not be willing to performe the duty as is required of them by the said ordinance , and that the said collectors doe appeare before this committee on the said twelfth of june , and bring with them a note of the totall summes assessed in their severall precincts , and committed to their care of collection ; and an accompt of what summes they have paid to the treasurers at guild-hall of the said weekly assessement by them respectively collected , and the dates of the acquittances given by the said treasurers for the same , and what sums of money shall then remaine in their hands not paid in to guild-hall ; and a roll of the names of such persons , as then shall not have fully paid their assessements , and the severall summes of money by them unpaid ; that so the said collectors , or those persons newly appointed to distraine , may levy the same by distresse according to the said ordinance , whereof they are not to faile . it is also ordered that this be printed and published . martin dallison clerke to the said committee . the political anatomy of ireland with the establishment for that kingdom when the late duke of ormond was lord lieutenant ... : to which is added verbum sapienti, or, an account of the wealth and expences of england, and the method of raising taxes in the most equal manner ... / by sir william petty ... petty, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the political anatomy of ireland with the establishment for that kingdom when the late duke of ormond was lord lieutenant ... : to which is added verbum sapienti, or, an account of the wealth and expences of england, and the method of raising taxes in the most equal manner ... / by sir william petty ... petty, william, sir, - . tate, nahum, - . [ ], p., [ ], p. printed for d. brown and w. rogers ..., london : . dedication signed: n. tate. reproduction of original in columbia university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ormonde, james butler, -- duke of, - . taxation -- england. ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the political anatomy of ireland with the establishment for that kingdom when the late duke of ormond was lord lieutenant . taken from the records . to which is added verbum sapienti ; or an account of the wealth and expences of england , and the method of raising taxes in the most equal manner . shewing also , that the nation can bear the charge of four millions per annum , when the occasions of the government require it . by sir william petty , late fellow of the royal society , and surveyor-general of the kingdom of ireland . london : printed for d. brown , and w. rogers , at the bible without temple-bar , and at the sun over-against st. dunstans church , fleetstreet . . to his grace the duke of ormond . my lord , the celebrated author of the following treatise , had not only the honour to be known to your grace's grand-father , the late illustrious duke of ormond , but was likewise held by him in that just esteem , which he never fail'd of expressing towards men of learning and ingenuity . this was a sufficient encouragement to me ( having the manuscript-copy deliver●d into my hands by a worthy and intimate friend of the authors , to dispose of it to the press for the publick benefit ) to address it to your grace's patronage . you are so true a successor in all the generous virtues of your ancestry , that i cannot doubt of your favourable reception of this posthumous work. your generosity , that takes all occasions of exerting it self towards the living , cannot fail in doing justice to the memory of the dead . more especially to such persons as in their life took care to oblige posterity . the usefulness of the ensuing discourse at this time , when there is so fair a prospect of a new settlement in ireland , were sufficient to recommend it to your grace's protection . your grace's interest in the re-establishment of that kingdom ( tho it be considerable ) yet is much less than your share in the glorious enterprize towards its recovery . you had the honour of accompanying his majesty in an adventure that shall shine in the annals of fame , as long as the boyne shall maintain its course . but a single gallantry appear'd not sufficient for the heir of ormond and ossery . you have since accompanied our royal master to other shores , to be partaker with him in new scenes of action , undertakings of no less consequence and importance , than the deliverance of europe . this will afford sufficient matter for panegyrick , and oblige the muses to place you in the same high rank of renown with your noble and heroick predecessors . in the mean time , be pleas'd to permit this useful treatise to wait on you to the camp , and bring you the hearty wishes of all good men here , for your happy expedition , and your safe return , which is desir'd by none with a more particular zeal , than by your grace's most devoted servant , n. tate . the author's preface . sir francis bacon , in his advancement of learning , hath made a judicious parallel in many particulars , between the body natural , and body politick , and between the arts of preserving both in health and strength : and it is as reasonable , that as anatomy is the best foundation of one , so also of the other ; and that to practice upon the politick , without knowing the symmetry , fabrick , and proportion of it , is as casual as the practice of old-women and empyricks . now , because anatomy is not only necessary in physicians , but laudable in every philosophical person whatsoever ; i therefore , who profess no politicks , have , for my curiosity , at large attempted the first essay of political anatomy . furthermore , as students in medicine , practice their inquiries upon cheap and common animals , and such whose actions they are best acquainted with , and where there is the least confusion and perplexure of parts ; i have chosen ireland as such a political animal , who is scarce twenty years old ; where the intrigue of state is not very complicate , and with which i have been conversant from an embrion ; and in which , if i have done amiss , the fault may be easily mended by another . 't is true , that curious dissections cannot be made without variety of proper instruments ; whereas i have had only a commōn knife and a clout , instead of the many more helps which such a work requires : however , my rude approaches . being enough to find whereabout the liver and spleen , and lungs lye , tho' not to discern the lymphatick vessels , the plexus , choroidus , the volvuli of vessels within the testicles ; yet not knowing , that even what i have here readily done , was much considered , or indeed thought useful by others , i have ventur'd to begin a new work , which , when corrected and enlarged by better hands and helps . i believe will tend to the peace and plenty of my country ; besides which , i have no other end . advertisement . the reader is desired to take notice , that by letter●es , are meant persons restored to land by virtue of the letters of king charles the second ; and by nominees , such persons are intended , as were restored to their lands by being named in the act of settlement ; and papists per proviso , were such as had provisoes in that act for their lands : and by the officers , are meant such commission officers under the king , who served in ireland before the year of our lord , . the following treatise of sir william petty's political anatomy of ireland , is printed after a copy transcribed from the original , writ by the author 's own hand ; and all the blanks , as here printed , were in that original : and which , tho' it may be suppos'd he could easily have fill'd up , yet was it not held proper for any other to attempt , or to add to any thing done by so great a master . this his work of the political anatomy of ireland ends in page . p. . begins the famous report from the council of trade in ireland , which was not only drawn , but wholly composed by sir william petty ; and with which that council concurred unanimously . p. . followeth the copy of the commission of the late duke of ormond to be lord lieutenant ; and an account of the establishment of the civil and military list in his time ; faithfully and carefully taken out of authentick records : and to the nature of which , the continued title of the political anatomy of ireland , on those pages , agrees well enough . the volume concludes with sir william petty's verbum sapienti , which relates wholly to england , and shews how taxes may be equally laid , and how the nation may well bear the tax of four millions per annum . the reader is now left with his most critical attentive judgment , to enjoy the benefit of the great political knowledg that sir william petty hath taught the age ; and for which ( as one of the greatest ornaments of it ) he deserveth perpetual celebrations . know reader in a word , that nulla ferent talem saecla futura virum . the contents of the political anatomy of ireland . of the lands of ireland , with the present distribution and values of the same . page of the people , houses and smokes ; their number , differences and values , of the church and benefices , concerning the late rebellion and its effects , of the future settlement of ireland , prevention of rebellions , and its union with england , of the government of ireland , apparent and internal . of the militia and defence of ireland , of the coelum , solum , & fruges ; or the air , soil and product of ireland , of the rate which the lands in ireland do bear to each other , with the history of the several valuations of the same , of the money of ireland , and the causes of its decrease , with the remedy for the same , of the trade of ireland , and its impediments ; the commodities , and aptitude for traffick , and incidently of the cloaths and dyet of the people : of sumptuary laws , absentees , &c. of the religion , language , manners , and interest of the present inhabitants of ireland ; as also of the present and ancient divisions and names of the lands , some miscellany remarques and intimations concerning ireland , and the several matters aforementioned , a report from the council of trade in ireland , to the lord lieutenant and council , &c. considerations relating to the improvement of ireland , inferences from the premises , propositions to his majesty concerning the government of ireland , the list for civil affairs , &c. the establishment and list , containing all the payments to be made for military affairs , &c. officers provincial , constables , sundry ministers belonging to the ordnance , viz. in lemster , connaught , munster , ulster , temporary payments , a catalogue of the peers , a list of the arch-bishopricks and bishopricks , barons , a list of those places that return parliament-men , &c. verbum sapienti . introduction , page chap. . containing several computations of the wealth of the kingdom , chap. . of the value of the people , chap. . of the several expences of the kingdom , and its revenue , chap. . of the method of apportioning taxes , chap. . of money , and how much is necessary to drive the trade of the nation , chap. . the causes of irregular taxing , chap . the collateral advantages of these taxes , chap. . of the expence of the navy , army , and garisons , chap. . motives to the quiet bearing of extraordinary taxes , chap. . how to imploy the people , and the end thereof , licensed , may the th . . the political anatomy of ireland . of the lands of ireland . there are in ireland of acres of land , irish measure ( whereof acres makes english measure ) near about m. ac. , whereof there is of rivers , highways , loughs , unpassable bogs , rocks and shrubs , about m. , of very course land , commonly call'd unprofitable , consequently of good meadow , arrable and pasture ,   , of which anno , there did belong to papists and sequestred protestants , to the church , viz. bishops , deans , chapters and glebes to the protestants planted by queen elizabeth and king iames ,   of the , belonging to papists and sequestred protestants anno . there was restored to that proved their constant good affection , per est . to his grace the d. of ormond . to the lord inchiquine , lord roscommon , and others to innocent papists , near ,   to the church , near to the duke of york , near to letterees and nominees irish-men to papists , per proviso with collonel vernon left in the common-stock of course-land to adventurers to soldiers since . ,   to the officers to protestants per proviso upon transplantation decrees   restored to mortgagees protestants , about       , so that of all the lands seiz'd by the usurpers , the papists have recovered about m. , the new protestants and churches additions , of a more indifferent nature , ut supra / mem. that protestants in connaught purchased of the transplantees per estimate . m. wherefore of the whole m. of good land , the english , and protestants and church have this christmas . , and the irish have near ½ as much , viz. ,   , remains in the common-stock , near m.   the said , acres of good , and the , of course , making together m. is worth per annum . m. l. , out of which the king's quit-rents , old-rents , and composition , , rests , the tythes whereof are one fifth , viz. , rests , the benefit of leases , and the value of tenants improvements upon the said lands , is ⅓ viz. , for the landlords , if the whole be clearly worth but l. per ann. then the , gain'd by the rebellion , is worth but about ⅓ thereof ( the m. in the common stock being worth very little ) , viz. , and the adventurers and soldiers lands , who served since , worth about ¾ of the same , viz. , and the said soldiers alone ⅗ of the whole , viz. m. , per an. mem. that by the successes of the army , who serv'd since . and who have col . per an. for their labour , his majesty hath received the several advantages following , viz. . augmented the church , the duke of york , and by provisoes . m. acres . . hath paid the adventurers , and officers , besides housing in walled towns m. acres . . gain'd a revenue worth above l. per ann. and years purchase l. , . gain'd the years value , &c. worth . , . hath freed himself from the . articles with the irish. . restored many of his friends to their own estates . the value of the said army's lands at ten years purchase , is l. out of which deduct a years value and charge , there remains now but l. , mem. that whereas until anno _____ england always sent money and other supplies into ireland , now the revenue is , l. and the charge civil and military but , l. which is the gain or ease of england . the debentures of commission officers , who serv'd eight years till about december . comes to l. , , wherefore the pay of private soldiers to , ,   , , the ⅛ whereof is , l. the one half whereof being for foot , was , , l. per ann. which , at l. each , maintains , foot , and the rest horse , general officers , and train of artillery included ; so as there was a british army , for eight years , of at least men. the army who reduced the rebelllon , did anno , consist of near men , as per debentures . the irish transported into foreign parts , between and . were , men. the irish army could not but be more than double to the english. the claymants of land , or the number of proprietors before the war was . of all that claimed innocency in . obtained it . the restored persons by innocence and proviso have more than what was their own , anno . by at least ⅕ they have gotten by forg'd feofments of what was more than their own , at least ⅓ . of those adjudged innocents , not / were really so . the king's revenue in ireland anno . the yearly charge of the army for years last past . of people , houses , and smoaks ; their number , differences , and values . there are of people , men , women and children . , , there are of families , of smoaks , viz of the people , there are english , of papists , of non-papists , scots , irish ,   , , the scots are presbyterians , and the irish , papists . but the english are above , legal protestants or conformists , and the rest are presbyterians , independants , anabaptists and quakers . of the families . such as have no fix'd hearths , are , such as have but one chimney , such as have more than one , of smoaks . the single-smoak-houses , are ut supra , and those houses that have more than one chimney , have but one with another above four in each house , viz. in all ,   , m. the number of them of all degrees , who paid poll-money , anno . was about , dublin hath houses of more than one smoak . , other cities , towns , and corporations of the like . , the rest of ireland of the like ,   , m. and of smiths forges , near the same number , or rather more . a more particular account of the houses in ireland , which have more than one chimney , viz. the castle of dublin hath chimneys the earl of meath's house in dublin the houses of dublin which have above , are t he number of coaches , besides hackneys , near the same number , or rather fewer . there be ( ut supra ) , cabins without chimneys , whose worth are not reckoned ; but as for the others , we rate as follows , viz. houses of chimny of at l. each , l. of , and , at l. , l. , , , at l. , l. , , , at l. , l. , , , at l. , l. , , , , , , , . at l. , l.     , , for transcendental-houses , per estimate   ,   total , , memorandum , that not ● / ; part of the value of all those houses do belong to other than english protestants .   ,   to the english , , there are of non-papists in dublin   , in the other cities , towns , corporations , &c.   , in the country   ,     , , there is in nature but one in at most who are blind , lame , and under incurable impotence ; so as not above in ireland , whom l. would maintain without scandal . the number of young children under seven years old , and not fit for labour , is ¼ of the whole , viz. , the said number of impotents the number of soldiers   , the masters and mistresses of families , wherein are above six smoaks , are , their servants to their persons , the servants to the persons of such as live in families of , , . smoaks , are , servants in families of , and , smoaks ministers , students , &c.   , people in all m. of above years old so as there are in ireland fit for trade , which are imployed as followeth , viz.   for the tillage of , acres of land for corn , men , and their wives , for cowherds and shepherds to cattel , grazing upon seven millions of acres , viz. six millions of black cattel , or their equivalent in horses and sheep . men and their wives . ,   , by the other side . , imployed about the taking of hogsheads of pilchards , boats , nets , hewers , &c. men and women . imployed about making tuns of iron , men and women smiths as by account , men and women , their servants to the trade , taylors and their wives , carpenters and masons , and their wives , shoemakers and their wives , and servants millers and their wives workers of wooll and their wives . , tanners and curriers , and their wives . ,   , trades of fancy and ornament and their wives . ,   , wherefore if the present employment be performed with , persons , it follows that there are to spare for other uses , memorandum , that in dublin , where are but families , there are at one time ale-houses , and publick brew-houses , viz. near ⅓ of the whole ; it seems , that in ireland , there being m. families , that about m. of them should use the same trade . and consequently , that , viz. men , women , and servants do follow the trade of drink . , so as there are yet to spare , who are casherers and fait-neants . ,   , whereas it is manifest , that ⅔ of the alehouses may be spared , even although the same quantity of drink should be sold ; then there will yet be further to spare of them , and ,   , having shew'd that , of spare hands are in ireland , it follows to find employments for them , which is at l. per head , to earn per ann. , , this imployment may be either in order to local wealth , or universal wealth . local wealth i understand to be the building of , small stone-wall houses , with chimneys , doors , windores , gardens and orchards , ditch'd and quicksetted ; instead of the lamentable sties now in use ; the which may cost l. each , in all l. , the planting millions of fruit-trees at d. each . , planting millions of timber-trees upon the bounds and meers of every denomination of lands at d. each , l. of inclosures and quicksets one million of perches at d. per perch . l. , fortifying the city of dublin , building a new palace for the chief governour . , making there a mold for shipping . , making several rivers navigable and mending high-ways . , building of churches , at l. each , workhouses of several sorts , tan-yards , fishing crofts , rape-mills , allom and copperas-works , as also madder , lead , salt , &c. , in order to money and vniversal wealth . for ten thousand tuns of shipping , for a stock of wool , hemp , flax and rawhides for one years work , for the labour of men to manufacture the same . , of the church and benefices . if / ● the non-papists are non-conformists , then there are but legal protestants in dublin and all other cities , towns , &c. which require but preaching ministers . and if there are but m. legal protestants in the rest of ireland , they require but ministers , at to a flock , whereof ● / , viz. are children . if there be in england and wales about parishes , and under bishops , then every bishop must have above parsons in his charge . so as one bishop in ireland is more than in england . wherefore , l. would afford l. per ann. of each of ministers , and l. to the bishop . the value of the church lands and appropriate tythes , is per ann. above the kings rent due out of them . if ministers can serve all ireland , they must have precincts of neer / miles square , and consequently they must be itinerants , and as lecturers on week-days ; and other honest ordained men must be priests . if , nay , if ministers would serve all ireland , then per ann. will supply their mortality : and consequently a nursery of will send forth yearly of years standing . perhaps the nursery need not be above half so large . concerning the late rebellion . the number of the people being now anno about , . and anno . about m. because i conceive that m. of them have in years encreased by generation m. by return of banished and expelled english ; as also by the access of new ones , m. of new scots , and m. of returned irish , being all m. now if it could be known what number of people were in ireland , ann. . then the difference between the said number , and , adding unto it the encrease by generation , in years will shew the destruction of people made by the wars , viz. by the sword , plague , and famine occasioned thereby . i find , by comparing superfluous and spare oxen , sheep , butter and beef , that there was exported above ⅓ more ann. . than in . which shews there were ⅓ more of people , viz. , ; out of which sum take what were left ann. . there will remain , . destroyed by the rebellion . whereas the present proportion of the british is as to ; but before the wars the proportion was less , viz. as to . and then it follows that the number of british slain in years was thousand souls ; of which i guess ⅔ to have perished by war , plague and famine . so as it follows that , were massacred in the first year of tumults : so as those who think , were so destroyed , ought to review the grounds of their opinion . it follows also , that about m. of the irish perished , and were wasted by the sword , plague , famine , hardship and banishment , between the of october . and the same day . wherefore those who say , that not ⅙ of them remained at the end of the wars , must also review their opinions ; there being by this computation near ⅔ of them ; which opinion i also submit . there were transported of them into spain , flanders , france , , soldiers ; and of boys , women , priests , &c. no less than more , where not half are returned . , . if ireland had continued in peace for the said years , then the m. had increased by generation in that time to m. more , making in all , which were by the said wars brought anno , to , viz. m. for whose blood some body should answer both to god and the king. m. anno . there were before the great plague , above one million of people , viz. ½ more than in london anno . but in that year there died in london by account , people , but really were m. wherefore , if the plague was no hotter in ireland than in england , there must have died in ireland m. but dying in a week in dublin , the plague of london was but ⅔ as hot ; wherefore there died in ireland m. so as substracting m. dying of the plague , and massacred english , it follows that m. died in years by the sword and famine , and other hardships . which i think not incredible ; for supposing ½ the number , viz. m. died in years , of famine and cold , transportation to spain and barbadoes , &c. it is not hard to believe , that the other m. perished by the sword , when the british had armies of near m. men , and the irish of near double , sometimes on foot. ann. . debentures were freely and openly sold for s. and s. per l. and s. of debenture , one place with another , did purchase two acres of land ; at which rate all the land of ireland , if it were millions of profitable acres , might have been had for a million of money , which ann. . was worth above millions m. . the cattel and stock which ann. . was worth above millions , reckoning one beef of s. value , or the equivalent in other stock to two acres ; but ann. . the people of dublin fetch'd meat from wales , there being none here , and the whole cattel of ireland not worth l. , corn was then at s. per barrel , which is now , and . under . the houses of ireland , ann. . was worth ½ millions ; but ann. . not worth ⅓ of the same l. , the value of people , men , women and children in england , some have computed to be l. per head , one with another . but if you value the people who have been destroyed in ireland , as slaves and negroes are usually rated , viz. at about l. one with another ; men being sold for l. and children l. each ; the value of the people lost will be about , , the forces kept on foot by all parties for the said years , were at least , horse and foot ( for even ann. . the english were , and , irish transported ) the charge whereof , train of artillery , and general officers included , cannot be less than l. per head per ann. which for years comes to millions and m. l. , , the superlucration above expressed , of all which adult men ( among which were no women nor children ) cannot be reckoned at less than l. per head , or ⅓ of the last mentioned sum , viz. m. , , wherefore the effects of the rebellion were these in pecuniary value , viz. by loss of people , , by loss of their superlucration of soldiers , , by the superlucration of the people lost , at l. per head for the whole years , deducting m. soldiers , , by impairing of the worth of lands , , of the stock , , of the housing , ,   , , and the years rent of all the lands forfeited , by reason of the said rebellion , viz. since the year , to . hath not fully defray'd the charge of the english army in ireland for the said time ; nor doth the said rents at this day do the same with ½ as much more , or above m. l. per an. more and the adventurers after years being out of their principal money , which now ought to be double by its interest , they sold their adventures for under s. per l. ann. . in open and free market . the number of landed irish-papists , or freeholders before the wars , was about ; whereof , as appears by judgments of the court of claims , which fate ann. . upon the innocence and effects of the irish , there were not above / part or guilty of the rebellion , unto each of whom i allow followers , which would have made up an army of : but by the officers account , the british army before . must have been about m. men ; upon whom the said nocent irish so prevail'd , as that the peace ended in the art●cles of . by which the irish were made at least equal partners with his majesty in the government of ireland ; which sheweth , that the irish were men of admirable success and courage : unless we should rather think , that the said court of claims were abused by their perjuries and forgeries , which one would think , that a nation , who caus'd the destruction of so many thousand lives , for the sake of god and religion , should not be so guilty of . the estates of the irish before the wars , was double to that of the english ; but the number and natural force of the irish quintuple to that of the english. the cause of the war was a desire of the romists , to recover the church-revenue , worth about m. l. per ann. and of the common irish , to get all the englishmens estates ; and of the or grandees of ireland , to get the empire of the whole . but upon the playing of this game or match upon so great odds , the english won and have ( among , and besides other pretences ) a gamester's right at least to their estates . but as for the bloodshed in the contest , god best knows who did occasion it . of the future settlement of ireland , prorogation of rebellions , and its union with england . the english invaded ireland about years since ; at which time , if the irish were in number about , , . anno . they were but m. in number , years ago , and not above , m. at the said time of their invasion ; for , people will , by the ordinary course of generation , become m. in years ; allowance being made for the extraordinary effects of epidemical diseases , famines , wars , &c. there is at this day no monument or real argument that , when the irish were first invaded , they had any stone-housing at all , any money , any foreign trade , nor any learning but the legend of the saints , psalters ; missals , rituals , &c. viz. nor geometry , astronomy , anatomy , architecture , ●nginery , painting , carving , nor any kind of manufacture , nor the least use of navigation , or the art military . sir iohn davys hath expressed much wit and learning , in giving the causes why ireland was in no measure reduced to english government , till in queen elizabeths reign , and since ; and withal offers several means , whereby what yet remains to be done , may be still effected . the conquest made by the english , and described in the preamble of the act of parliament past ann. . for the settlement of ireland , gave means for any thing that had been reasonable of that kind ; but their forfeiters being abroad , and suffering with his majesty from the same usurping hands , made some diversion . wherefore ( rebus sic stantibus ) what is now to be done is the question , viz. what may be done by natural possibility , if authority saw it sit ? some furious spirits have wished , that the irish would rebel again , that they might be put to the sword. but i declare , that motion to be not only impious and inhumane , but withal frivolous and pernicious even to them who have rashly wish'd for those occasions . that the irish will not easily rebel again , i believe from the memory of their former successes , especially of the last , had not many providences interpos'd ; and withal from the consideration of these following particulars , viz. . that the british protestants and church have ¾ of all the lands ; ⅚ of all the housing ; ●●● of all the housing in wall'd towns , and places of strength ⅔ of the foreign trade . that of of all the irish live in a brutish nasty condition , as in cabins , with neither chimney , door , stairs nor window ; feed chiefly upon milk and potatoes , whereby their spirits are not dispos'd for war. and that although there be in ireland papists for others ; yet there are far more soldiers , and soldierlike-men of this latter and lesser number , than of the former . that his majesty , who formerly could do nothing for , and upon ireland , but by the help of england , hath now a revenue upon the place , to maintain , if he pleases , men in arms , besides a protestant militia of more , the most whereof are expert in war. that the protestants have housing enough within places of strength within miles of the sea-side ; to receive and protect , and harbour every man , woman and child belonging to them , and have also places of strength of their own properly , so situate in all parts of ireland , to which they can easily travel the shortest day of the year . that being able so to secure their persons , even upon all sudden emergencies , they can be easily supplied out of england with food sufficient to maintain them , till they have burnt m. of their afore-described cabins , not worth m. l. destroy'd their stacks and haggards of corn , and disturbed their tillage , which the embody'd british can soon and easily atchieve . that a few ships of war , whereof the irish have none , nor no skill or practice of navigation , can hinder their relief from all foreign help . that few foreigners can help them if they would . but that none , not the king of france , can gain advantage by so doing , even tho he succeeded . for england hath constantly lost these years by their medling with ireland . and at this day , than when ireland was never so rich and splendid , it were the advantage of the english to abandon their whole interest in that countrey ; and fatal to any other nation to take it , as hath been elsewhere ( as i think ) demonstrated ; and the advantage of the landlords of england , to give them the equivalent of what they should so quit out of their own estates in england . lastly , let the irish know , that there are , ever were , and will be men discontented with their present conditions in england , and ready for any exploit and change , more than are sufficient to quell any insurrection they can make and abide by . wherefore , declining all military means of setling and securing ireland in peace and plenty , what we offer shall tend to the transmuting one people into the other , and the thorough union of interests upon natural and lasting principles ; of which i shall enumerate several , tho seemingly never so uncouth and extravagant . . if henry the ii. had or could have brought over all the people of ireland into england , declining the benefit of their land ; he had fortified , beautified and enrich'd england , and done real kindness to the irish . but the same work is near four times as hard now to be done as then ; but it might be done , even now , with advantage to all parties . whereas there are now m. british , and m. papists , whereof m. live in the wretched way above mentioned : if an exchange was made of but about m. irish , and the like number of british brought over in their rooms , then the natural strength of the british would be equal to that of the irish ; but their political and artificial strength three times as great ; and so visible , that the irish would never stir upon a national or religious account . . there are among the m. above-mentioned of the poor irish , not above m. of unmarried marriageable women ; nor would above two thousand per ann. grow and become such . wherefore if ½ the said women were in one year , and ½ the next transported into england , and disposed of one to each parish , and as many english brought back and married to the irish , as would improve their dwelling but to an house and garden of l. value , the whole work of natural transmutation and union would in or years be accomplished . the charge of making the exchange would not be , l. per ann. which is about weeks pay of the present or late armies in ireland . if the irish must have priests , let the number of them , which is now between and thousand secular and regulars , be reduced to the competent number of , which is souls to the pastorage of each priest ; which let be known persons , and english-men , if it may be . so as that when the priests , who govern the conscience , and the women , who influence other powerful appetites , shall be english , both of whom being in the bosom of the men , it must be , that no massacring of english , as heretofore , can happen again . moreover , when the language of the children shall be english , and the whole oeconomy of the family english , viz. diet , apparel , &c. the transmutation will be very easy and quick . add hereunto , that if both kingdoms , now two , were put into one , and under one legislative power and parliament , the members whereof should be in the same proportion that the power and wealth of each nation are , there would be no danger such a parliament should do any thing to the prejudice of the english interest in ireland ; nor could the irish ever complain of partiality , when they shall be freely and proportionably represented in all legislatures . the inconveniencies of the not-union , and absurdities seem to be these , viz. . it is absurd , that english-men born , sent over into ireland by the commission of their own king , and there sacrificing their lives for the king's interest , and succeeding in his service , should therefore be accounted aliens , foreigners , and also enemies , such as were the irish before henry the vii . time ; whom , if an english-man had then killed , he had suffer'd nothing for it ; for it is but indulgence and connivance , that now the same is not still in force . for such formerly was the condition of irishmen ; and that of english-men is now the same , otherwise than as custom has relieved them . it is absurd , that the inhabitants of ireland , naturally and necessarily bound to obey their sovereign , should not be permitted to know who , or what the same is , i.e. whether the parliament of england , or that of ireland ; and in what cases the one , and in what the other . which uncertainty is or may be made a pretence for my disobedience . it is absurd , that english-men in ireland , should either be aliens there , or else to be bound to laws , in the making whereof they are not represented . it is absurd if the legislative power be in ireland , that the final judgment of causes between man and man , should be in england , viz. the writs of error should remove causes out of ireland , to the king's bench in england . that the final determination of admiralty-causes , and of some causes-ecclesiastical , should be also ended in england ; nor that men should know whether the chancery of england have jurisdiction in ireland ; and whether the decrees of chancery in one chancery , can be executed in the other . as for inconveniences , it is one , that we should do to trade between the two kingdoms , as the spaniards in the west-indies do to all other nations ; for which cause all other nations have war with them there . and that a ship trading from ireland into the islands of america , should be forced to unlade the commodities shipt for ireland in england , and afterwards bring them home ; thereby necessitating the owners of such goods to run unnecessary hazard and expences . it is inconvenient that the same king's subjects should pay customs as aliens , passing from one part of the same their own king's territories to another . the chief objection against the remedy of these evils is ; that his majesty would by the union lose much of his double-customs . which being true , let 's see what the same amounts unto ; and if it be sufficient to hinder the remedy of these evils , and if it be irreparable by some other way . ann. . which was the best year of trade that hath been these many years in ireland , when neither plague nor wars impeached it , and when men were generally disposed to splendor and liberality , and when the act for hindring cattel coming out of ireland into england , was not yet made ; nor that made for unlading in england ships bound from america into ireland ; i say , in that year the customs upon exported and imported commodities , between ireland and england , was but — but not ⅙ thereof , which since , how easily may it be added to the other charges upon england and ireland , which are together perhaps m. per ann ? . if it be for the good of england to keep ireland a distinct kingdom , why do not the predominant party in parliament ( suppose the western members ) make england beyond trent another kingdom , under commerce , and take tolls and customs upon the new borders ? or why was there ever a union between england and wales , the good effects and fruits whereof were never questioned ? and why may not the entire kingdom of england be farther cantoniz'd , and infinitely for the advantage of parties ? as for the practice ; the peers of ireland assembled in parliament , may depute so many of their number , as make the ⅛ part of the peers of england , to be call'd by writ into the lords house of england : and the commons in ireland , assembled in like manner , may depute the like proportion of other members to sit with the commons of england , the king and that house admitting of them . but if the parliament of england be already the legislative power of ireland , why may they not call a competent number out of ireland , 〈◊〉 , or in some other more convenient manner ? all these shifts and expedients are necessary but for the 〈◊〉 tim● , until the matter be agreed upon by both nations , in some one parliament . 't is s●ppos'd that the wealth of ireland is about the ● or ● of that of england ; and the king's revenue in both kingdoms seems about that proportion . of the government of ireland . the government of ireland is by the king , bishops ( whereof four are arch-bishops ) and the temporal peers ; whereof some part , — by reason of the late rebellion , do not sit in parliament . by about freeholders , and the members of about corporations , the university at dublin reckoned for one , represented in the house of commons , by about knights , citizens and burgesses . the parliament so constituted , have a negative upon any law that the lord lieutenant and councel shall offer to the king , and which the king and his councel in england shall under the great seal remit to the said parliament . the sheriffs of counties , and of cities and counties in ireland are , finally appointed by the lord lieutenant , each of which hath about ten bailiffs . the chief governour , called sometimes lord-lieutenant , sometimes lord-deputy , sometimes lords justices , with a council , at this time consisting of about members , do govern in all matters belonging to the peace , prerogative , &c. there be five courts , viz. a chancery , consisting of a lord-chancellor , master of the rolls , and two , three or four sallariated masters of chancery . the king's-bench , of a lord-chief-justice , and two other judges . the common-pleas of the like : the exchequer , of a lord-chief-baron , and two other barons , with the treasurer and chancellor of the exchequer : and a prerogative , whereof the primate of armagh is judge . there is also a palatinate-courtih tipperary , whereof the duke of ormond is lord of the liberties and regalities to it belonging . there is also a court of admiralty : every bishop hath also two courts . and there have been formerly and lately ( but now an. . suspended ) a presidency of munster , and another of connaght , who meddle not with life or limb , nor titles of land. there is also a court - marshal , for the affairs of the army , who in times of peace often transmit accus'd persons to the civil-power . to all these courts do belong — officers , — councellors of law , whereof i reckon — are of the first classis , gaining by estimation about l. per ann. each — of the d . gaining about l. per ann. and — of the d gaining not above l. per ann. there are also — sworn attornies , gaining about l. per ann. one with another . there are in ireland about justices of the peace , appointed by the lord-chancellor ; an head-constable for each barony or hundred , being ; and a petty constable for each parish ; whereof are about . the ecclesiastical government is by arch-bishops , bishops , arch-deacons , deans of cathedral-churches , in all which there are now actually but one quire entire , and that in dublin , serving both at christ-church , and st. patrick's . and the parsons , vicars and curates for the protestant-religion , are in all ireland at this day near , and about half the tythes are impropriate , and belonging to lay-men . this is the state of the external and apparent government of ireland , so far as it concerns the number and species of persons managing the same . but the internal and mystical government of ireland is thus , viz. . there are always about twenty gentlemen of the irish nation and popish-religion , who by reason of their families , good parts , courtly education and carriage , are supported by the irish to negotiate their concernments at the court of england , and of the vice-roy in ireland these men raise their contributions by the priests ( who actually and immediately govern the people . ) the priests are govern'd by at least romish bishops , all of whom have a long time been conversant in france , spain , italy , germany , england , whereas chaplains and almoners , &c. they have made an interest with the governing men and ministers of state in those several kingdoms , and have obtained some benefits and preferments from them . so as the body of the irish-papist's ( being about m. whereof near m. do live in wretched cabbins , without chimney or window ) are govern'd by about secular priests , and friars and regulars of several orders ; whereof most are franciscans , next dominicans and augustins , but few capuchins and iesuits or carthusians . these , i say , are govern'd by their respective bishops and superiors , whom the ministers of foreign states do also govern and direct . so as upon the whole matter , the irish , who are the bulk of the nation , are govern'd indirectly by foreign power ; and so are the aforenamed lay-patriots , their support coming from the clergy constituted as aforesaid , and who do notoriously exercise their spiritual jurisdiction in ireland : and do also exert a temporal power , by prevailing with papist justices of the peace , to send such to gaol as are disobedient to the clergy , upon feigned or frivolous complaints , which they cause to be brought against them . the judges aforenamed , all but the chancellor , go circuits , whereof there are five twice every year , excepting only the one county of kerry . there is an university at dublin , but lying for the most part within one college , wherein are a provost and seven senior and ruling fellows ; nine junior fellows ; sixty sch lars ; and at this time — commoners and other students there was about the year erected a college of physicians , consisting of a president , and fellows . there are belonging to the prerogative , arch-deacons courts , court-martial and admiralty-courts , not above to advocates , and proctors . there are in the city of dublin a lord-mayor , sheriffs , aldermen , sheriffs peers , and of the common-council . there are besides , companies or corporations of trades-men . there is lately instituted an hospital for poor children , not yet fully perfected nor endowed . there is also an hospital for sick , lame , and old soldiers , but without endowment , and standing but at discretion and pleasure . there are in and near dublin , three publick prisons , and one house of correction . lastly , i must intimate , that the footmanship for which the irish years agone were very famous , is now almost quite lost among them , every man now keeping a small garran to ride on , unless in such rocky and craggy places , where 't is easier to go a foot than to ride . of the militia and defence of ireland . there be in ireland , as elsewhere , two militias ; one are the justices of peace , their militia of high and petty constables ; as also the sheriffs militia of his servants and bailiffs , and posse comitatus upon extraordinary occasions . of these all together there are in ireland near ; all of which are bound within their several districts , there to act , and not elsewhere . there is , or hath lately been an army in ireland , of about thirty troops of horse , and sixty companies of foot , with a regiment of guard at dublin , as a life-guard for the lord lieutenant , making in all about five thousand men. there is also a protestant militia , of about men , viz. about ten thousand horse , and the rest foot. the people of ireland are all in factions and parties , called english and irish , protestants and papists : though indeed the real distinction is vested and devested of the land belonging to papists , ann. . of which the irish that are vested by restoration , seem rather to take part with the devested . and the chief pique which the popish-clergy have at the protestants is , that they have the church livings and jurisdictions ; for the exercise of their function they have most freely , and had , when they undertook their project in . the differences between the old irish , and old english papists is asleep now , because they have a common enemy . the old protestants of queen elizabeth and king iames's plantation ( till of late ) did not much love the new english ; who came over since . or rather since . & . because they envied the great shares which they had gotten of the forfeited lands from the late usurpers . but now they also are well enough together , since the said old protestants have had good proviso's in the acts of settlement and satisfaction for their service before iune . and since the church-revenues have been augmented by the forfeitures ; but chiefly , for that the said old protestants have all the power and preferments civil , military , and ecclesiastical . of the new english , some are conformists , others not : and some have fallen in with other parties , and others not . of the old protestants , there are also parties , i cannot say factions , chiefly denominated by the names of their families , as the butlers and fitz-gerralds were of old . but to return ; the chief factions are the vested and devested of forfeited lands : all irish and papists generally fearing the latter , and most english and protestants the former , as appears in all juries and testimonies given where the lands or lives of one or other are concerned . now in some counties , as in kerry , many forfeitures happened , and few restorations , and there also few english were ever planted , nor can well endure to live : so as the first sort of militia in these and other like counties , are irish-papists , devested and discontented persons . whereby the few english there , can have no justice executed , for want of hand wherewith to do it : nor can they easily get indifferent juries , but that the sheriffs are english for the most part , and most commonly protestants . in which case , some have been of opinion , that the other militia , namely the army , may both in law and reason supply this defect in times when there is not occasion for them , to guard the land from invasion and rebellion . for why might not sheriffs be taken out of officers of the army , viz. captains and lieutenants of horse , and captains of foot ? and why may not such be as responsible for executing just sentences , as any other ? and what tenor is there in the force which a bailiff useth , more than in that which one call'd a soldier carries with him . and why should the military officer or sheriff use more force or terror than to make the debtor or malefactor answer the law , and obey the sentence of a civil court ? and is it not more convenient and easy in great riotous contempts , to bring a troop or company , whose trade it is to use arms and apply force dexterously , than to use the posse-comitatus ; that is , to call abundance of men from their labour and calling , to attempt things of danger , which they do not understand ? moreover , if the general can quarter the army where he pleases , and that the sheriffs or constable can , in their respective precincts , call whom he pleases to his assistance ; then the general can cause such a competent force to be quartered in those thin peopled counties . and the sheriffs and justices can call such to their assistance , excepting where such soldiers are in formal garisons upon actual duty , or in other cases to be agreed upon between the civil and military powers so call'd , although there can be no countrey without force , nor any army without a policy and discipline . but of this let the lawyers talk further . as for the military force of ireland , vulgarly and properly so call'd , . the standing army is such as the present revenue can well maintain , which perhaps is , or very lately was about , and is every year or other year changed , as to his majesty seems best . . the protestant militia now already established and formed , is about or thousand men , most of them already experienc'd in the wars of ireland . the third , of grand force against foreign invasions , i conceive may be m. men of the best affected , and least popeaffected irish ; for so many i conceive the of the standing army and present militia could well officer and command . now that m. may be spar'd to send as soldiers in a time of extremity , i think it plain , for that there are m. males in ireland , whereof m. can perform all the necessary labor of husbandmen and trades-men ; m. of them are perhaps under , and above . nor doth the quality of the remaining , exempt them from service , who are to stand for a reserve . and this force i take to be sufficient to resist any number of men which any prince of the world hath shipping enough to bring into ireland , with such horse , arms , ammunition and victuals as are for such an enterprize . to say nothing , that the substance of ireland is chiefly cattel , which be easily removed to waste the countrey where the enemy shall land . and how considerable the standing army of men , and the veteran militia , of above , who have not only the command , but the possession and propriety of all the strong and terrible places in ireland , and ¾ of all the horse serviceable in war , and at least ¾ of all shipping , and england to help and countenance , hath been competently mentioned before ; and that the bulk of the irish are the inhabitants of the aforenamed m. wretched cabins-men , slavishly bred and dealt with by their own lords and patriots ; and that the restored irish , restored to their estates almost by miracle , will be careful how they engage any more upon a frivolous , impious undertaking . of the coelum and solum of ireland . by the coelum or sky , i understand the heat , coldness , drowth , moisture , weight and susceptions of air , and the impressions made upon it , viz. the state of the winds , as whether the wind blows in ireland in comparison with , or differently from other places ; as from what points of the compass the wind blows most frequently or fiercely , and what proportion of the whole year from each point . . as to heat and cold , i conceive the same ought to be measur'd by the weather-glass or thermometer . . as to wetness or moisture , by the shrinking of lute-strings , by the quantity of rain falling upon a certain quantity of level superficies , and by the quantity of water dried up with the same time out of a vessel of like figure , and equal dimensions . as for other changes in the air , supposed to depend upon the gravity or levity thereof , i suppose the same is to be known by the instrument call'd the barrimeter . lastly , to the much or ●ittle sunshine , whereof ireland hath be●n much abus'd ; the same is to be measur'd by an instrument found for that purpose . wherefore since it is small satisfaction to say the air of ireland is mild and temperate , inclin'd to moisture , &c. and since the true and clear knowledge thereof depends upon several long , tedious , and r●terated observations , simple and comparative , made in the several parts of ireland , in the several seasons of the year , and compar'd with the like observations , made with the same or like instruments , in the several parts of the earth ; we must for the present only say , that there are in being the several instruments following , viz. . an instrument to measure the motion of the wind , and consequently its strength . . how many hours in the day in the whole year it blows from any point of the compass . . to measure what quantity of rain falls in the year upon any quantity or space of ground . . what air is most desiccative of moistness . . what alterations are made in the gravity and levity of the air from hour to hour . . the thermometer or weather-glass of the better sort . . the instrument to measure and foretel frost and snow . which instruments many men must make use of in the several parts of ireland , and the rest of the world , and corresponding with each other , communicate and correct their observation by reason . in the mean time let it suffice to say , that at dublin the wind blows parts of from the south-west to the west , one part from south-west to the south ; one other from the west to north-east , and the rest from the north-east to the south ; parts of between west and south-west / between s. w. and s. s. ● . / between s. s. e. and n. e. by n. / n. e. by n. to n. & w. or very near thereabouts . . that from the th of septemb. to the th of march , it blows a kind of storm for some time or other almost every day . . that the snow lies not long in the lower ground of ireland . nor doth it freeze more than what it doth in france , holland , or england . . the rain falling at dublin and london for the month october , . was but to . that the windiness of the same month was at dublin . and at london but . . as for the healthfulness of the climate , city , or other space of land ; it must be first known how many people are in a certain day living in it , and then the quota pars which die per ann. for many years together ; and for the fruitfulness , how many births . . as to longaevity , enquiry must be made into some good old register of ( suppose ) persons , who all were born and buried in the same parish , and having cast up the time which they all lived as one man , the total divided by is the life of each one with another ; which compared with the like observation in several other places , will shew the difference of longaevity , due allowance being made for extraordinary contingences , and epidemical diseases happening respectively within the period of each observation . wherefore matters being not as yet prepared for these experiments , i can say nothing clearly of them ; only , that it seems by the best estimates and approaches that i have been able to make , that london is more healthful than dublin by in . having said thus much of the coelum or air , or rather of the ingenium , and way of distinguishing airs in a better manner than usual : we come next to try the nature of the soil by the like expedients . to which purpose , first know , that the perch of ireland is foot , that of england but ½ ; wherefore the acre of perches is as to , that is irish acres do make english statute acres . now in ireland a milch-cow , if english breed , upon two acres of pasture , and with as much hay as will grow upon ½ acre of meadow , will yield prae●er propter gallons of milk for days , one with another , and one gallon at a medium for more , and for more scarce ¼ of a gallon one day with another , and for more , dry . wherefore it follows , that such a cow upon such feeding , gives above one tun and half ; nay , gallons of milk per ann. and that if the rent of the said two acres of pasture be s. per ann and of the half acre of meadow . in all s. that the gallon of milk comes but to a farthing , expecting what the value and hazard of the cow , and the labour of milking and looking to her , shall add unto that price ; which i suppose not above as much more . the said quantity of milk will make ● c. of raw-milk-cheese , and c. of whey-butter , besides whey for the swine : or else c. of butter , and c. of skim-milk-cheese , besides whey as abovesaid , for drink to the people , and food for swine . mem. that one bull suffices for about cows . that a cow continues milch and bearing , from or years old to , sometimes , tho seldom suffer'd to live so long . and that three dairy-women will manage cows , and do much work of other kind between while ; and that one man will look to them and their food . an ox of or years old will not require so much feeding as a milch-cow , but will be maintained with two acres of good pasture only , or with ½ acres of pasture , and ½ acres of hay , in hard winters . an horse requires ½ acres , as a garran , and a small horse or irish garran ⅔ , or thereabouts . eight or ten sheep are equivalent for feeding to an ox. it is further to be noted , that a calf at a month old weighs . c. ½ that an ox is come to its full growth at years old , and then may weigh alive c. the quarters of such an ox weighs c. the hide , ¾ the tallow l. and consequently the said ox gaineth every year of weight in flesh to eat l. in hide — in tallow — the offal worth , besides half of the whole .   the difference between lean-beef and fat beef in value is as to . in sheep the increase of their flesh , skin and tallow , is about the same proportion . and yet sheeps flesh is sold dearer than beef , because of the great trouble and hazard about sheep . a fleece of wool in ireland is about l. weight . an hog eats such things as sheep and oxen do not , viz. roots , acorns , and consequently the same land will maintain a proportion of hogs above sheep and oxen. one-cowherd will serve an hundred oxen ; one shepherd sheep . from all that hath been said , we collect , that the natural and genuine rent of lands in ireland , not that of money , or gold and silver ; is of milk , deducting charges — gall. of beef and mutton — of hides and skin — of offall — of wooll . — so as where lands produce more or less per ann. communibus annis of these commodities , the same is to be accompted more or less fertil than that of ireland . moreover from hence we shall endeavour to gather the number of cattel in ireland , as followeth , viz. there being ½ millions of acres of good meadow , arrable , and pasture-land in ireland , besides bog with shrub-wood , &c. commonly call'd unprofitable land ; and for that ½ a million supplies the inhabitants with corn for bread and drink , man and beast , hemp flax and rape , as shall be hereafter shewn ▪ from the number of the people , their manner of eating , from the number of mills , and from the value of the tythes , &c. supposing the other millions to be competently well stockt , let us first see how many houses there may probably be . to which purpose , remember that there are m. families , whose houses have but one or no chimney . now i guess , that about ● of this number keep a small horse call'd a garran , which is , garrans for tillage ; and i suppose that the , families have for the coach and saddle near ● m. horses . so as in ireland there are about m. horses , whose food requires m. acres of good pasture , m. acres of meadow , and the ⅙ of an acre of oatland , viz. about , acres . in all m. acres : or if the horses be such as require little or no hay and oats , as the horses of poor people do not , then as aforesaid or ● acres is allowed to each horse . the wooll which is usually exported , being a little above millions of pounds , grows upon m. sheep : and the wooll which cloaths the nation , being about m. bodies , at — l. each for cloths , hats and stockins , requires m. more ; and so millions more of sheep , in all millions . the feeding whereof at to an acre , require m. acres . so as horse and sheep require one million of acres . so as there remains ½ , a million being allow'd for all other cattel , beasts and vermine ) ½ millions for great cattel , which will feed about millions of that species . if there be millions of black cattel , there be m. of males , viz. m. bulls . m. under years old . between and . above . of females m. whereof ⅕ are milchcows , viz. m. m. calves and heifers under , and of other sorts . where note , that of all the black-cattel above-named , there are m. exported alive , and m. dead in barrels . of the sheep not m. of butter , whereof one of the m. milch-cows may well yield c. weight per ann. but c , or the proceed of cows . from whence may be seen whether the trade of those commodities be yet at best : for i guess that the ⅙ of the whole stock may be annually spent at home , or exported abroad . it remains only to say , that one irish acre of irish land , requires of seed , and returns as followeth . seed .   wheat bushels , and produces to . rye to . bean-barly to oats to barley to pease to one horse plows acres , and there goes man to horses . of the proportion in value , which the several counties in ireland do bear to each other , viz. the value or proportion of the several counties in ireland , doth seem much to depend upon the number of acres which each doth contain . and therefore , and for several other reasons , most of the land of ireland hath , within these last years , been admeasured by the chain and instrument , viz. the king and queens counties , about the year . the county of londonderry , when the city of london undertook the plantation by one mr. raven ; connought and tipperary , in the earl of strafford's time , by several hands , sometimes conducted by mr. william gilbert . the lands belonging to papists ann. . in the three provinces of munster , lemster and vlster , by sir william petty . other protestant lands in the same three provinces , in order to regulate contributions , by the owners of the said lands themselves : but in so divided and separated a manner , that little accompt can be given of them , besides what was collected by the said sir william petty ; who at his own charge , besides those maps of every parish , which by his agreement he delivered into the surveyor-general's office , he hath caused distinct maps to be made of every barony , or hundred ; as also of every county , engraven in copper , and the like of every province , and of the whole kingdom . all which , could the defects of them be supplied with the yet unmeasured ▪ lands , would be exposed to publick view . now as to the value of these lands , they were ann. . rated to and by the adventurers as followeth , viz. in lemster at s. per acre ; in munster at s. in connaught at s. and in vlster at s. and to pay farthing per ann. quit-rent to the king out of each shillings-worth of land so rated , viz. d. or farthings for an acre in lemster rated at . s. q. or ¼ an acre for lands in munster , rated at s. & sic de caeteris . wood , bog , and mountain , to be cast in over and above . afterwards the soldiers , who were to have the satisfaction of their arrears at the same rate , not being willing to cast lots upon such desperate hazards , did ann. . equalize counties within each province , viz. took some in lemster , at l. s. per acre , some at l. &c. and those who were satisfied ann. . and afterwards , did equalize not only counties , but baronies also , valuing some baronies in lemster at l. s. per acre , and some but at s. and others at all rates between these two extreams . but so as that , notwithstanding all the said differences , the whole province should be given and taken at s. per acre , according to the then law. and the inequality remaining after this equalization , was to be corrected by a lot. i could here insert all the particulars of these transactions , but conceive it impertinent to my purpose , especially since they may be seen upon record . the next and best of all preceding equalization , was that which the concernees of each county made in order to regulate the heavy contributions paid to the usurpers before his majesties restoration , and when no quit-rent was yet due . and in order to this work , not baronies as before , but parishes , nay , particular farms were also equalized . what was done herein , was not publickly recorded , but collected by the curious , and too bulky to be here inserted . only take notice , that these valuations were made as parties interested could prevail upon and against one another by their attendance , friends , eloquence , and vehemence ; for what other foundation of truth it had in nature , i know not . next to this valuation , there was , in order to a certain gift presented to his majesty , by the adventurers and soldiers , of a years value of all their lands as it yielded ann. . next immediately before his restoration . there issued a commission , ann. . to enquire and settle the said values . and about . there were made two several valuations more ; the one in order to reprize such who had restored lands to the innocent irish in equal value ; and another was a determination what each land was worth ann. . ( whatever it yielded ) : both which , especially the latter , are upon record most authentically . moreover , ann. , and . there were inquisitions taken of the values which all and every parcel of land in ireland yielded ann. . there have been also several acts of the chief powers pro tempore , for apportioning what proportion of a certain sum to be levied in general , should in particular be charg'd on each county , viz. ann. . there was an act of the usurper's parliament to that purpose . ann. . there was an act for raising m. l. as a present to his grace the duke of ormond ; and another for raising of 〈◊〉 for several publick uses . and ann. . for the equal raising of l. per ann. upon all the lands and houses of the whole nation . there be also accompts of what was raised out of each county by way of subsidy and pole-money , paid ann. . all which may be of much light to those who have such designs as the same will answer . but i being assur'd by whom , and for what ends , and by what means every such valuations and inquisitions were respectively made , had rather attempt some rule in nature , whereby to value and proportionate the lands of ireland : the first whereof i propose to be ; that how many men , women and children live in any countrey parish , that the rent of that land is near about so many times s. be the quantity and quality of the land what it will. . that in the meanest of the m. cabbins , one with another are five souls , in the six souls . in all the other houses ten a piece , one with another . the table . but to make nearer approaches to the perfection of this work , 't would be expedient to know the content of acres of every parish , and withal , what quantity of butter , cheese , corn , and wooll , was raised out of it for three years consequent ; for thence the natural value of the land may be known , and by the number of people living within a market-days journey , and the value of their housing , which shews the quality and expence of the said people ; i would hope to come to the knowledg of the value of the said commodities , and consequently the value of the land , by deducting the hire of working-people in it . and this brings me to the most important consideration in political oeconomies , viz. how to make a par and equation between lands and labour , so as to express the value of any thing by either alone . to which purpose , suppose two acres of pasture-land inclosed , and put thereinto a wean'd calf , which i suppose in twelve months will become c. heavier in eatable flesh ; then c. weight of such flesh , which i suppose fifty days food , and the interest of the value of the calf , is the value or years rent of the land. but if a mans labour — for a year can make the said land to yield more than sixty days food of the same , or of any other kind , then that overplus of days food is the wages of the man ; both being expressed by the number of days food . that some men will eat more than others , is not material , since by a days food we understand 〈◊〉 part of what of all sorts and sizes will eat , so as to live , labour , and generate . and that a days food of one sort , may require more labour to produce , than another sort , is also not material , since we understand the easiest-gotten food of the respective countries of the world. as for example , i suppose a pint of oatmeal equal to half a pint of rice , or a quart of milk , or a pound of bread , or a pound and quarter of flesh , &c. each , in the respective place where each is the easiest gotten food . but if rice be brought out of india into ireland , or oatmeal carried from ireland thither ; then in india the pint of oatmeal must be dearer than half a pint of rice , by the freight and hazard of carriage , & vice-versa , & sic de caeteris . for , as for pleasant tast , i question whether there be any certainty , or regularity of the same in nature , the same depending upon novelty , opinion of virtue , the recommendation of others , &c. wherefore the days food of an adult man , at a medium , and not the days labour , is the common measure of value , and seems to be as regular and constant as the value of fine silver . for an ounce , suppose , of silver in peru is equivalent to a days food , but the same in russia is equivalent to four days food , by reason of the freight , and hazard in carrying the same from peru to russia ; and in russia the price of silver shall grow to be worth more days labour , if a workman can by the esteem and request of silver utensils earn more than he can on other materials . wherefore i valued an irish cabbin at the number of days food , which the maker spent in building of it . by the same way we must make a par and equation between art and simple labour ; for if by such simple labour i could dig and prepare for seed a hundred acres in a thousand days ; suppose then , i spend a hundred days in studying a more compendious way , and in contriving tools for the same purpose ; but in all that hundred days dig nothing , but in the remaining nine hundred days i dig two hundred acres of ground ; then i say , that the said art which cost but one hundred days invention is worth one mans labour for ever ; because the now art , and one man , perform'd as much as two men could have done without it . by the same way we make an equation between art and opinion . for if a picture-maker , suppose , make pictures at l. each ; but then , find that more persons would employ him at that rate than his time would extend to serve them in , it will certainly come to pass that this artist will consider whether as many of those who apply to him at l. each picture , will give l. as will take up his whole time to accommodate ; and upon this computation he pitcheth the rate of his work. by the same way also an equation may be made between drudging labour , and favour , acquaintance , interest , friends , eloquence , reputation , power , authority , &c. all which i thought not amiss to intimate as of the same kind with finding an equation between land and labour , all these not very pertinent to the proportionation of the several counties of ireland . wherefore to return to the matter in hand , i say , that the quantity of commodity produced , and the quantity of the — shews the effects of the land ; and the number of people living thereupon , with the quality of their housing , shews the value of the commodity ; for one days delicate and exquisit food may be worth ten of ordinary . now the nature of peoples feeding may be estimated by the visible part of their expence , which is their housing . but such helps of knowing the value of lands , i am not yet able to furnish . of the money of ireland . money is understood to be the uniform measure and rule for the value of all commodities . but whether in that sence there be any money , or such rule in the world , i know not , much less in ireland , tho most are perswaded that gold and silver money is such . for . the proportion of value between pure gold and fine silver , alters as the earth and industry of men produce more of one than of the other ; that is to say , gold has been worth but twelve times its own weight in silver ; of late it has been worth fourteen , because more silver has been gotten . that of gold proportionably , i. e. about twelve times as much silver has been raised as of gold , which makes gold dearer . so there can be but one of the two metals of gold and silver to be a fit matter for money . wherefore , if silver be that one metal fit for money ; then gold is but a commodity very like money . and as things now stand , silver only is the matter of money ; and that elsewhere as well as in ireland . . the value of silver rises and falls it self ; for men make vessels of coyned silver , if they can gain by the workmanship enough to defray the destruction of the coynage , and withal , more than they could expect by employing the same silver as money in a way of trade . now the accidents of so doing , make silver rise and fall , and consequently take from the perfect aptitude for being an uniform steady rule and measure of all other things . the mischiefs and inconveniences hitherto mentioned , are common to all times and places ; but in ireland are more particular ; and stand thus , viz. a piece of rials being full . penny weight , passeth for s. d. if it want but ½ a grain of the weight , tho half a grain of silver be worth but the ¼ of a farthing , or ⅙ of a penny , then it passes for d less , viz. s. d. and if it weigh ten grains above d. weight , it passes but for s. d. on the other hand , if it weigh but d. weight , it passes nevertheless for s. d. and if the silver be course , if not so course , as not to be called silver , yet still it passes for the same moreover , the fineness cannot be determined by common eyes scarce at all , by the best not within d. in an ounce , by the touchstone not within d. and by the test it self not within an half-penny . lastly , the scales and weights differ so much from each other , as what is s. d. in one house , is but s. d. in the next , & vice versa . from whence it comes to pass , that all pieces weighing above d. weight , are cull'd out to buy or make pieces of d. weight pass for s. d. . other species of coyn , which pro rata contain the same quantity of the like gold and silver , with the piece of eight rials , goes in one species for more , in another for less . what hath been said of the silver-species , may be said of the gold-species ; and what differences are between silver and silver , and between gold and gold , is also between silver and gold coyns . so as it becomes a trade to study and make advantages of these irregularities , to the prejudice of the good people , who are taught , that whatever is called money , is the same , and regular , and uniform , and a just measure of all commodities . from whence it hath happened , that all english money which hath a great and deserved reputation in the world for its intrinsick goodness , is quite carried away out of ireland , and such money brought instead of it , as these studied merchants do from time to time bring in for their advantage upon the common people , their credulity and ignorance . but money , that is to say , silver and gold , do at this day much decrease in ireland , for the following reasons . . ireland , anno . did not export to a much greater value than it imported , viz. about m. since which time there hath been a law made to prohibit the importation of great cattel and sheep , alive or dead , into england ; the value whereof carried into england in that very year . was above m. l. the which was said to have been done , for that ireland drained away the money of england . whereas in that very year england sent to ireland , but m. less than it received from thence ; and yet this small difference was said to be the reason why the rents of england fell ⅖ , that is m. in millions . which was a strange conceit , if they consider farther , that the value of the catrel alive or dead , which went out of ireland into england , was but m. the hides , tallow , and freight whereof were worth about ● that money . . whereas the owners of about ¼ , both of all the real and personal estate of ireland , do live in england , since the business of the several courts of claims was finished in december . all that belongs to them goes out , but returns not . . the gains of the commissioners of that court , and of the farmers of the revenue of ireland , who live in england , have issued out of ireland without returns . . a considerable part of the army of ireland hath been sent into england , and yet paid out of ireland . . to remit so many great sums out of ireland into england , when all trade between the said two kingdoms is prohibited , must be very chargeable ; for now the goods which go out of ireland , in order to furnish the said sums in england , must for example go into the barbados , and there be sold for sugars , which brought into england , are sold for money to pay there what ireland owes . which way being so long , tedious and hazardous , must necessarily so raise the exchange of money , as we have seen per cent. frequently given , anno , and anno . altho in truth , exchange can never be naturally more than the land and water-carriage of money between the two kingdoms , and the ensurance of the same upon the way , if the money be alike in both places . but men that have not had the faculty of making these transmissions with dexterity , have chose rather to give . per cent. exchange , as aforesaid , than to put themselves upon the hazard of such undertakings , and the mischief of being disappointed . now the extraordinary decrease of gold and silver , put men , whose affairs were much disturb'd , thereby upon extraordinary conceits , and some very absurd ones for remedy , as namely the raising of spanish pieces of eight , called cobs in ireland , from s. d. to or shillings , which were before about d. above the value of english , that is s. d. english money weighed the same with a cob called s. d. for these distracted people thought , that calling their money by a better name , did encrease its value . . they thought that no man would carry cobs of s. out of ireland into england , where they were called but s. d. altho he was necessitated to pay s. d. in england , and had no other effects to do it with . they thought that all men who lived in england , would return to their estates in ireland , rather than pay . per cent. for exchange ; not considering , that when cobs were raised , that exchange would also rise proportionably . they fancied , that he who sold a stone of wooll for two cobs , call'd s. when cobs were rais'd , would sell his stone of wooll of ● cob when called s. nor did they think how this frivolous conceit would have taken away a proportionable part of all land-lords estates in ireland . as for example , those who acted moderately , would have the money rais'd / part , and the / part of all the money of ireland , was then thought to be but about , l. the whole cash of ireland being then estimated , but m. l. whereas the landlords of ireland , whose revenue is m. l. per annum , must have lost / part of their whole estates for ever , viz. m. l. per annum upon that empty expedient . but others , no less sensible of the distress of the people , and the obstructions of trade by reason of the said decay of bullion , considering that about m. l. would drive the trade of that kingdom ; for that m. would pay one half years gale of all the land ; m. would pay ¼ rent of all the housing , and that m. would more than pay a weeks expence of all the people of ireland ; and that the whole cash moved chiefly in those three circles ; they therefore thought to make up their m. l. present cash by a bank of m. l. more , the bottom and support whereof should be land ; for the lands and houses of ireland being worth about millions , whereof m. l. was but the / ● part . 't was thought easy to find many fortieth parts so free from incumbrances or question as to give a being to such a bank. note , that interest in ireland is per cent , which is a great hinderance to trade ; since the interest must enflame the price of irish commodities , and consequently give to other nations the means of underselling . of the trade of ireland . if it be true , that there are but about , families in ireland , who have above one chimney in their houses ; and above m. others ; it will be easily understood what the trade of this latter sort can be , who use few commodities ; and those such as almost every one can make and produce . that is to say , men live in such cottages as themselves can make in or days ; eat such food ( tobacco excep●ed ) as they buy not from others ; wear such cloaths as the wool of their own sheep , spun into yarn by themselves , doth make ; their shoes , called brogues , are but ¼ so much worth as a pair of english shoes ; nor of more than ¼ in real use and value . a hat costs d. a pair of stockins d. but a good shirt near s. the taylors work of a doublet , breeches and coat , about s. d. in brief , the victuals of a man , his wife , three children , and servant , resolved into money , may be estimated s. d. per week , or d. per diem . the cloaths of a man s. per ann. of children under , one with another s. the house not worth s. the building ; fuel costs nothing but fetching . so as the whole annual expen●e of such a family , consisting of in number , seems to be but about shillings per ann. each head one with another . so as . m. inhabitants of these edifices , may spend , . m. l. per ann. and the , who inhabit the , other houses , may spend l. per ann. each one with another , viz. one million and half . so as the whole people of both sorts spend under millions , whereof / part , viz. m. l. is for forreign commodities , tobacco included , whereof every souls spend one tun per ann. or every tobacco-takers , viz. people above . years old , spend two tuns one with another : for it appears by the latest accompt of importance , that what is here said , is true to a trifle . from whence i observe by the way , that the king's revenue , viis & modis , being about m. l. per ann. that it is ● part of the whole expence ; which in some of the grecian commonwealths was thought too much , although the israelites allowed / to the levites only , tho perhaps to defray the whole charge of the government , the supremacy amongst that people being then sacerdotal . i observe also by the way , that the lands and housing of ireland being worth about one million per ann. that the labour of the people may be worth three millions , which is earned by about , ( of the , m. ) who by their age and quality are fit and applicable to corporal labours , and consequently each labouring person earns but s. per ann. if all work. or if each earns l. then but half of them work , or all but half their full time , or otherwise in other proportions . but be it one way or the other ; i am as certain that the hands of ireland may earn a million per ann. more than they now do , as i am certain that there are , in ireland who could earn s. a week , or l. per ann. one with another , if they had sutable employment , and were kept to their labour . i further observe , that if there be naturally but impotents in ireland , and that shillings per ann. doth maintain the poorer sort of people ; it follows , that , l. per ann. would amply maintain all the impotent● of ireland , if well apply'd . for other beggers , as also thieves , and rebels , which are but bigger thieves , are probably but the faults and defects of government and discipline . as for the fitness of ireland for trade , we say as followeth . st . that ireland consisting of above , square miles ; it is not one place with another above miles from the sea , because it is miles about . wherefore forasmuch as the land-carriage of gross that will be easy in such a country ; it is fit for trade , because the greatest and most profitable part of trade , and the imployment of shipping , depends upon such goods , viz. metals , stones , timber , grain , wood , salt , &c. dly . ireland lieth commodiously for the trade of the new american world ; which we see every day to grow and flourish . it lyeth well for sending butter , cheese , beef , fish , to their proper markets , which are to the southward , and the plantations of america . thus is ireland by nature fit for trade , but otherwise very much unprepared for the same ; for as hath been often said , the housing thereof consists of m. nasty cabbins , in which neither butter nor cheese , nor linnen , yarn nor worsted , and i think no other , can be made to the best advantage ; chiefly by reason of the soot and smoaks annoying the same ; as also for the narrowness and nastiness of the place ; which cannot be kept clean nor safe from beasts and vermin , nor from damps and musty stenches , of which all the eggs laid or kept in those cabbins do partake . wherefore to the advancement of trade , the reformation of these cabbins is necessary . it may also be consider'd , whether the institution of these following corporations would not be expedient , viz. . of cattel , . of corn , . of fish , . of leather . of wool , . of linnen , . of butter and cheese , . of metals and minerals : for unto these , almost all the commodities exportable out of ireland , may be referred . it may also be consider'd , whether the taxing of those cabbins with hearth-money be proper , but rather with days labour ; the former being scarce possible for them to have , but the latter most easy . insomuch as 't is more easy for them to give days labour per ann. at seasonable times , than to pay s. in silver at a pinch , and just when the collectors call for it . the dyet , housing and cloathing of the , families abovementioned , is much the same as in england : nor is the french elegance unknown in many of them , nor the french and latin tongues . the latter whereof is very frequent among the poorest irish , and chiefly in kerry , most remote from dublin . the housing of m. families , is , as hath been often said , very wretched . but their cloathing far better than that of the french peasants , or the poor of most other countreys ; which advantage they have from their wooll , whereof sheep furnisheth a competency to one of these families . which wool , and the cloth made of it , doth cost these poor people no less than m. l. per ann. for the dying it ; a trade exercised by the women of the countrey . madder , allum , and indico , are import●d , but the other dying stuffs they find nearer home , a certain mud taken out of the bogs serving them for copperas , the rind of several trees , and saw-dust , for galls ; as for wild and green weeds , they find enough , as also of rhamnus-berries . the diet of these people is milk , sweet and sower , thick and thin , which also is their drink in summer-time , in winter small-beer or water . but tobacco taken in short pipes seldom burnt , seems the pleasure of their lives , together with sneezing : insomuch , that / of their expence in food , is tobacco . their food is bread in cakes , whereof a penny serves a week for each ; potatoes from august till may , muscles , cockles and oysters , near the sea ; eggs and butter made very ra●cid , by keeping in bogs . as for flesh , they seldom eat it , notwithstanding the great plenty thereof , unless it be of the smaller animals , because it is inconvenient for one of these families to kill a beef , which they have no convenience to save . so as 't is easier for them to have a hen or rabbet , than a piece of beef of equal substance . their fewel is turf in most places ; and of late , even where wood is most plentiful , and to be had for nothing , the cutting and carriage of the turf being more easy than that of wood. but to return from whence i disgressed , i may say , that the trade of ireland , among / parts of the whole people , is little or nothing , excepting for the tobacco abovementioned , estimated worth about , l. for as much as they do not need any forreign commodities , nor scarce any thing made out of their own village . nor is above ⅓ part of their expence other than what their own family produceth , which condition and state of living cannot beget trade . and now i shall digress again to consider , whether it were better for the common-wealth to restrain the expence of m. optimates below l. per ann. each ; or to beget a luxury in the m. plebeians , so as to make them spend , and consequently earn double to what they at present do . to which i answer in brief , that the one shall encrease the sordidness and squallor of living already too visible in m. plebeians , with little benefit to the common wealth ; the other shall increase the splendor , art and industry of the m. to the great enrichment of the common-wealth . again , why should we be forbid the use of any foreign commodity , which our own hands and countrey cannot produce , when we can employ our spare hands and lands upon such exportable commodities as will purchase the same , and more . . the keeping or lessening of money , is not of that consequence that many guess it to be of . for in most places , especially ireland , nay , england it self , the money of the whole nation is but about / of the expence of one year ; viz. ireland is thought to have about m.l. in cash , and to spend about millions per ann. wherefore it is very ill-husbandry to double the cash of the nation , by destroying half its wealth ; or to increase the cash otherwise than by increasing the wealth simul & semel . that is , when the nation hath / more cash , i require it should have / more wealth , if it be possible . for , there may be as well too much money in a country , as too little . i mean , as to the best advantage of its trade ; onely the remedy is very easy , it may be soon turn'd into the magnificence of gold and silver vessels . lastly , many think that ireland is much impoverished , or at least the money thereof much exhausted , by reason of absentees , who are such as having lands in ireland , do live out of the kingdom , and do therefore think it just that such , according to former statutes , should lose their said estates . which opinion i oppose , as both unjust , inconvenient , and frivolous . for st . if a man carry money or other effects out of england to purchase lands in ireland , why should not the rents , issues and profits of the same land return into england , with the same reason that the money of england was diminished to buy it ? . i suppose ¼ of the land of ireland did belong to the inhabitants of england , and that the same lay all in one place together ; why may not the said quarter of the whole land be cut off from the other three sent into england , were it possible so to do ? and if so , why may not the rents of the same be actually sent , without prejudice to the other three parts of the interessors thereof ? . if all men were bound to spend the proceed of their lands upon the land it self ; then as all the proceed of ireland , ought to be spent in ireland ; so all the proceed of one county of ireland , ought to be spent in the same ; of one barony , in the same barony ; and so parish and mannor ; and at length it would follow , that every eater ought to avoid what he hath eaten upon the same turf where the same grew . moreover , this equal spreading of wealth would destroy all splendor and ornament ; for if it were not fit that one place should be more splendid than another , so also that no one man should be greater or richer than another ; for if so , then the wealth , suppose of ireland , being perhaps millions , being divided among , m. people , then no one man having above . he could probably build no house worth above . which would be to leave the face of beggery upon the whole nation : and withal such parity would beget anarchy and confusion . of the other impediment of trade , the not raising of money above the value which the generality of the whole world hath of it , that is , the intrinsick value , i have spoken before : and now return to other matters relating to the trade of ireland . having shewn that there is little or no trade or commutation of commodities , where people live so simply , and as it were exsponte creatis ; as the inhabitants of m. do live ; it follows , that what trade is in ireland must be found in the , other houses of above one chimney in each , and amongst the inhabitants of them . though trade , properly speaking , be the commutation of commodities ; that generally speaking , 't is the way whereby to purchase riches and power , the parents of pleasure : not only by getting commodities out of the earth and sea ; by ploughing , fishing , mines , vecture , &c. by getting away those commodities from them , who first got them out of the earth and sea , as aforesaid . and not only , or at all encreasing the whole wealth of the nation , but ones own former share and proportion of the whole , though diminish'd ; that is to say , supposing the whole wealth of ireland were millions , and the share of a. was . thereof ; i say , 't is commonly more the care of a. to make his l. , though by lessening the whole stock l. than to make the whole stock millions , by lessening his own l. to .l . now this is the trade of ireland , and i think of most other places , but exercised in ireland by the following ways , viz. whereas the lands of ireland have within years been most of them forfeited , and the lands of monasteries have since then fallen into the king's hands , by the dissolution of the said monasteries , and several defects found in the titles , older than that of time ; it hath come to pass , that all the said lands have been granted to several others ; some legally and formally , some otherwise ; some under one condition , some under another . so as by several defects in the said grants , or by non-performance of conditions , and many other ways needless to enumerate , the king in strictness may find a title to the estates of many men who have been long in possession of their respective holdings , ( tho some more , some less , some upon better , and some upon worser grounds . ) a principal trade in ireland , to find out these flaws and defects , to procure commission for such inquiries . and a branch of this trade , is to give to such seekers flattering and delusive informations to bring on other designs ; and withal , prevail with persons conversant with the higher powers , to give grants of these discoveries , and thereupon , right or wrong to vex the possessors , at least into such a composition , as may be of profit to the prosecutors . whereby it falls out , that the time of all the persons exercised pro & contra in these matters , who do only take from one another like gamesters ( the lawyers taking from both ) is lost , without advancing at all the publick wealth . now this is no trade , but a calamity upon the nation . . whereas the branches of the publick revenue being manifold ; and the accompts of the same vast and numerous , and the laws , with the cases and accidents relating to the same , intricate and new ; but chiefly the officers employed about the premises , such as could make friends for their places , whether persons of skill , experience and trustiness , or not ; it hath come to pass , even in ireland , in former times , that principal officers of the exchequer have represented the state of the publick treasury near m. l. differently from each other : so as new men have been admitted to take the whole to farm , who expected vast advantages , by mending and clearing what others had marr'd and confounded , though they had still their places and perquisites notwithstanding : and in this case the people thought fit to pay any thing that was required , rather than to pass the fire of this purgatory , even tho they need no burning . this and other practices of farming , taken with the whole doctrine of defalcations , hath been a great trade in ireland , but a calamity on the people who have paid great wages to them that have made faults , but three times greater to those who would but undertake to mend them , tho indeed they could not . a third great trade and calamity to the people of ireland , hath been the gains made by the aforementioned . difference , confusion , and badness of coins , exorbitant exchange , and interest of money , all following also from the premises . a fourth calamity is implicating poor work-men , and trapanning them into crimes , indictments , bishops-courts , &c. feigning and compounding of trespasses , not without making benefit by the office of justice of peace . a fifth may be from the manner of making sheriffs , the execution of their offices , accompts in the exchequer , &c. a sixth , from raising moneys at the assizes , by authority of the grand juries , but raising too much , and in spending or not spending what was to be raised . none of these six trades do add any more to the common-wealth than gamesters , and even such of them as play with false dice , do to the common-stock of the whole number . and in these trades 't is thought ⅔ of those who inhabit the aforementioned , houses , do exercise themselves , and are the locusts and catterpillars of the common-wealth , as the inhabitants of the other m. cottages are the untilled part of the same . wherefore it remains to see what trade is to be found among the rest ; which i take to be as followeth , viz. . in domestick wealth : of which sort is building fine houses and gardens , orchards , groves , inns , mills , churches , bridges , highways , causeys ; as also furniture for houses , coaches , &c. in which kind i guess the improvement of ireland has since the year . . advanc'd from one to four , and i think to a better state than before . that is , than perhaps ever it yet was . the foreign trade , if you will believe the accompts of customs , ann. . and now , hath been advanced from one to seven , but in reality , i think , from one to two : for the customs yielded ann. . clear under , l. but were within a year or two , let for above three times the sum , but are now at about , intrinsecally . but to speak more clearly and authentically upon this subject , i shall insert the following tables of exported and imported commodities , and from them make the subnexed observations , viz. the tables . . that the customs , managed by the states-officers , yielded anno . under , l. but was farm'd ann. . for above thrice that sum. . that the stock which drives the foreign trade of ireland , doth near half of it belong to those who live out of ireland . . that ann. . before the cattel-statute , ¾ of the ireland foreign trade was with england , but now not ¼ part of the same . . that the manufacture bestowed upon a years exportation out of ireland , is not worth above l. . that because more eatables were exported anno . than . and more manufactures . than ann. . it follows , there were more people in ireland , ann. . than . and in that proportion as was formerly mention'd . . that the exportations appear more worth than the importations , excepting that the accompts of the former are more true , but of the latter very conjectural , and probably less than the truth . of the religion , diet , cloaths , language , manners , and interest of the several present inhabitants of ireland . we said , that of the m. inhabitants of ireland , about m. of them were irish ; and that above m. of them lived very simply in the cabbins aforemention'd . wherefore i shall in the first place describe the religion , diet , &c. of these , being the major part of the whole ; not wholly omitting some of the other species also . the religion of these poorer irish , is called roman catholick , whose head is the pope of rome , from whence they are properly enough called papists . this religion is well known in the world , both by the books of their divines , and the worship in their churches : wherefore i confine my self to what i think peculiar to these irish. and first , i observe , that the priests among them are of small learning ; but are thought by their flocks to have much , because they can speak latin more or less ; and can often out-talk in latin those who dispute with them . so as they are thereby thought both more orthodox and able than their antagonists . their reading in latin is the lives of the saints , and fabulous stories of their country . but the superior learning among them , is the philosophy of the schools , and the genealogies of their ancestors . both which look like what st. paul hath condemned . the priests are chosen for the most part out of old irish gentry ; and thereby influence the people , as well by their interest as their office. their preaching seems rather bugbearing of their flocks with dreadful stories , than persuading them by reason , or the scriptures . they have an incredible opinion of the pope and his sanctity , of the happiness of those who can obtain his blessing at the third or fourth hand . only some few , who have lately been abroad , have gotten so far , as to talk of a difference between the interest of the court of rome , and the doctrine of the church . the common priests have few of them been out of ireland ; and those who have , were bred in covents , or made friars for the most part , and have humble opinions of the english and protestants , and of the mischiefs of setting up manufactures , and introducing of trade . they also comfort their flocks , partly by prophecies of their restoration to their ancient estates and liberties , which the abler sort of them fetch from what the prophets of the old-testament have delivered by way of god's promise to restore the iews , and the kingdom to israel . they make little esteem of an oath upon a protestant bible , but will more devoutly take up a stone , and swear upon it , calling it a book , than by the said book of books , the bible . but of all oaths , they think themselves at much liberty to take a land-oath , as they call it : which is an oath to prove a forg'd deed , a possession , livery or seisin , payment of rents , &c. in order to recover for their countrey-men the lands which they had forfeited . they have a great opinion of holy-wells , rocks , and caves , which have been the reputed cells and receptacles of men reputed saints , they do not much fear death , if it be upon a tree , unto which , or the gallows , they will go upon their knees toward it , from the place they can first see it . they confess nothing at their executions , though never so guilty . in brief , there is much superstition among them , but formerly much more than is now ; for as much as by the conversation of protestants , they become asham'd of their ridiculous practices , which are not de side . as for the richer and bettereducated sort of them , they are such catholicks as are in other places . the poor , in adhering to their religion , which is rather a custom than a dogma amongst them , they seem rather to obey their grandees , old landlords , and the heads of their septes and clans , than god. for when these were under clouds , transported into spain , and transplanted into connaught , and disabled to serve them as formerly , about the year . when the adventurers and soldiers appeared to be their landlords and patrons , they were observ'd to have been forward enough to relax the stiffness of their pertinacity to the pope , and his impositions . lastly , among the better sort of them , many think less of the pope's power in temporals , as they call it , than formerly ; and begin to say , that the supremacy , even in spirituals , lies rather in the church diffusive , and in qualified general-councils , than in the pope al●ne , or than in the pope and his cardinals , or other iuncto . the religion of the protestants in ireland , is the same with the church of england in doctrine , only they differ in discipline thus , viz. the legal protestants hold the power of the church to be in the king , and that bishops and arch-bishops , with their clerks , are the best way of adjusting that power under him . the presbyterians would have the same thing done , and perhaps more , by classes of presbyters national and provincial . the independents would have all christian congregations independent from each other . the anabaptists are independent in discipline , and differ from all those aforemention'd in the baptism of infants , and in the inward and spiritual signification of that ordinance . the quakers salute not by uncovering the head , speak to one another in the second person , and singular number ; as for magistracy and arms , they seem to hold with the anabaptists of germany and holland ; they pretend to a possibility of perfection , like the papists ; as for other tenents , 't is hard to fix them , or to understand what things they mean by their words . the diet of the poorer irish , is what was before discoursed in the chapter . the cloathing is a narrow sort of frieze , of about twenty inches broad , whereof two foot , call'd a bandle , is worth from ● to d. of this , seventeen bandles make a man's suit , and twelve make a cloak . according to which measures and proportions , and the number of people who wear this stuff , it seems , that near thrice as much wooll is spent in ireland , as exported ; whereas others have thought quite contrary , that is , that the exported wooll is triple in quantity to what is spent at home . as for the manners of the irish , i deduce them from their original constitutions of body , and from the air ; next from their ordinary food ; next from their condition of estate and liberty , and from the influence of their governours and teachers ; and lastly , from their ancient customs , which affect as well their conscien●es as their nature . for their shape , stature , colour , and complexion , i see nothing in them inferior to any other people , nor any enormous predominancy of any humour . their lazing seems to me to proceed rather from want of imployment and encouragement to work , than from the natural abundance of flegm in their bowels and blood ; for what need they to work , who can content themselv●s with potato's , whereof the labour of one man can feed forty ; and with milk , whereof one cow will , in summer time , give meat and drink enough for three men , when they can every where gather cockles , oysters , muscles , crabs , &c. with boats , nets , angles , or the art of fishing ; can build an house in three days ? and why should they desire to fare better , tho with more labo●r , when they are taught , that this way of living is more like the patriarchs of old , and the saints of later times , by whose prayers and merits they are to be reliev'd , and whose examples they are therefore to follow ? and why should they breed more cattel , since 't is penal to import them into england ? why should they raise more commodities , since there are not merchants sufficiently stock'd to take them of them , nor provided with other more pleasing foreign commodities , to give in exchange for them ? and how should merchants have stock , since trade is prohibited and fetter'd by the statutes of england ? and why should men endeavour to get estates , where the legislative power is not agreed upon ; and where tricks and words destroy natural right and property ? they are accused also of much treachery , falseness , and thievery ; none of all which , i conceive , is natural to them ; for as to treachery , they are made believe , that they all shall flourish again , after some time ; wherefore they will not really submit to those whom they hope to have their servants ; nor will they declare so much , but say the contrary , for their present ease , which is all the treachery i have observed ; for they have in their hearts , not only a grudging to see their old proprieties enjoyed by foreigners , but a persuasion they shall be shortly restor'd . as for thievery , it is affixt to all thin-peopled countries , such as ireland is , where there cannot be many eyes to prevent such crimes ; and where what is stolen , is easily hidden and eaten , and where 't is easy to burn the house , or violate the persons of those who prosecute these crimes , and where thin-peopled countries are govern'd by the laws that were made and first fitted to thick-peopled countries ; and where matter of small moment and value must be try'd , with all the formalities which belong to the highest causes . in this case there must be thieving , where is withal , neither encouragement , nor method , nor means for labouring , nor provision for impotents . as for the interest of these poorer irish , it is manifestly to be transmuted into english , so to reform and qualify their housing , as that english women may be content to be their wives , to decline their language , which continues a sensible distinction , being not now necessary ; which makes those who do not understand it , suspect , that what is spoken in it , is to their prejudice . it is their interest to deal with the english , for leases , for time , and upon clear conditions , which being perform'd they are absolute freemen , rather than to stand always liable to the humour and caprice of their landlords , and to have every thing taken from them , which he pleases to fancy . it is their interest , that he is well-pleased with their obedience to them , when they see and know upon whose care and conduct their well-being depends , who have power over their lands and estates . then , to believe a man at rome has power in all these last mentioned particulars in this world , and can make them eternally happy or miserable hereafter , 't is their interest to joyn with them , and follow their example , who have brought arts , civility , and freedom into their country . on the contrary , what did they ever get by accompanying their lords into rebellion against the english ? what should they have gotten if the late rebellion had absolutely succeeded , but a more absolute servitude ? and when it fail'd , these poor people have lost all their estates , and their leaders encreas'd theirs , and enjoy'd the very land which their leaders caus'd them to lose . the poorest now in ireland ride on horse-back , when heretofore the best ran on foot like animals . they wear better loaths than ever ; the gentry have better breeding , and the generality of the plebeians more money and freedom . several miscellany remarks and intimations , concerning ireland , and the several matters aforementioned . without recourse to the authority of story , but rather diligently observing the law and course of nature , i conjecture , that whatever is fabled of the phoenicians , scythians , b●scayers , &c. their first inhabiting of ireland ; that the places near carrickfergus were first peopled , and that with those , who came from the parts of scotland opposite thereunto . for that ireland was planted by some body in caesar's time , is most certain . that the art of navigation was not before caesar's time so well understood and practis'd , as to bring men from any other part of the world thither , save from great britain : that from st. davids-head in south-wales , and from holy-head in north-wales ; ireland is not clearly at any time discern'd , nor often at all . that the inhabitants of those two brittish head-lands had neither boats sit to pass that sea , is most probable . but that carrickfergus may be always seen from scotland , is well known ; and that a small boat may row over in three or four hours , is experienc'd . that the language of those parts differ very little . that the country about carrickfergus is far better than that of scotland opposite . that the chief bishops seat of ireland , and probably the first , is near those parts , are all notorious truths . from all which 't is more probable , that ireland was first peopled from scotland , than all the other remote parts aforementioned . it hath been much observed , that the lieutenants and chancellors of ireland have often been at variance ; the reason whereof seems to be at their powers , and too near an equilibrium ; for the lieutenant commands an army perhaps of , and the chancellor makes justices of peace , who make constables , which are the civil sword , who act in times of peace , and every where , and in all matters ; whereas the army acts only upon rare occasions , and are more mercenary men. so as the civil-sword seems of far more extent and effect than the military-sword . the lieutenant disposes perhaps of four or five hundred places and imployments ; but the chancellor , of the said nine hundred justices of peace , and several others . the lieutenant can hurt very few persons , who do not depend upon the favour of imployments ; but the chancellor can affect all men , of estates and dealing in the world , by the power of his court , and by the harmony of his own will with the king's conscience . the lieutenant is for the most part a stranger to ireland ; but the chancellor seldom such , but a person of great family and acquaintance . moreover , all the lieutenants , deputies , and lords justices , that have been these years , have not , one with another , continued two years in the office ; but the chancellors have much more , and are seldom remov'd but by death , and general revolutions . the chancellor has ordinarily some other dignity and office annex'd , for they be often eminent prelates and church-men ; but the lieutenant is confin'd to temporals . the chancellor is speaker in parliament , and by keeping the seal , can check the lieutenant in many cases . the chancellors are bred to eloquence and arguing ; the breeding of a lieutenant is casual . men that bring great estates into ireland , do not encrease them proportionably with them who come over with nothing . not to quote the examples hereof on both sides , the reason seems not to be very abstruse , viz. the language of ireland is like that of the north of scotland , in many things like the welch and manques ; but in ireland the fingallians speak neither english , irish , nor welch ; and the people about wexford , tho they agree in a language differing from english , welch , and irish , yet 't is not the same with that of the fingalians near dublin . both these two sorts of people are honest and laborious members of the kingdom . the irish language , and the welch , as also all languages that have not been the languages of flourishing empires , wherein were many things , many notions and fancies , both poetical and philosophical , hath but few words ; and all the names of artificial things brought into use , since the empire of these linguists ceased , are expressed in the language of their conquerors , by altering the termination and accents only . ireland is now divided into provinces , counties , baronies , parishes , and farmlands , and those , so as that they may be , and have been geometrically delineated ; but formerly it was not so , but the country was cal'ed by the names of the lords who governed the people . for as a territory bounded by bogs , is greater or lesser as the bog is more dry and passible , or otherwise : so the country of a grandee or tierne in ireland , became greater or lesser as his forces waxed or weaned ; for where was a large castle and garison , there the jurisdiction was also large . and when these grandees came to make peace , and parts one with another , the limits of their land-agreements were no lines geometrically drawn ; but if the rain fell one way , then the land whereon it fell , did belong to a. if the other way , to b. &c. as to their town-lands , plough-lands , colps , gneeres , bullibos , ballibelaghs , two's , horsmens , beds , &c. they are all at this day become unequal both in quantity and value , having been made upon grounds which are now obsolete and antiquated . for sometimes lands were divided by what certain societies of men held , which i conceive were town-lands or tythings . sometimes by plow-lands , viz. such a — of lands as contained enough of every species of land arrable , meadow , and pasture , mountain , turf-bog , wood , &c. as serv'd for the whole use of man , especially of the owner of such a plow-land . sometimes by the share or proportion of land , which an undertaker would engage to plant and defend according to articles . sometimes by the share which each servitor had given him in reward for his service , after a rebellion or insurrection . sometimes by what belonged to the cell of some religious man or men. but now all the lands are geometrically divided , and that without abolishing the ancient denominations and divisions abovementioned . so that it is yet wanting to prevent the various spelling of names not understood , that some both comprehending the names of all publick denominations according as they are spelled in the latest grants , should be set out by authority to determine the same for the time to come . and that where the same land hath other names , or hath been spelled with other conscription of letters or syllables , that the same be mentioned with an alias . where the publick and new authenticated denominations is part of a greater antiquated denomination , that it be so expressed , as by being called the east , west , south or north part thereof . and if the said denomination comprehend several obsolete or inconsiderable parcels , that the same be expressed likewise . the last clause of the explanatory act , enabled men to put new names on their respective lands , instead of those uncouth , unintelligible ones yet upon them . and it would not be amiss if the significant part of the irish names were interpreted , where they are not , or cannot be abolished . some have thought that little shipping belongs to ireland , by the great policy of the english , who ( as they wittily expressed it ) would keep the chain or draw-bridge between both kingdoms , on the english side : but i never perceived any impediment of building , or having ships in ireland , but mens own indisposition thereunto , either for not having stock for so chargeable a work , or not having workmen of sorts enough to sit out a ship in all particulars ; as for that they could hire ships cheaper from the dutch , than to build them ; or , that the irish had rather eat potatos and milk on dry land , than contest with the wind and waves with better food ; or that there is not encouragement , to a full employment , for an able ship-wright to reside in ireland . nevertheless at this day there belongs to several ports of ireland vessels between and tuns , about tuns of several sorts and sizes : and there are five light-houses erected for the safety of sailing upon the coasts . concerning the ambergreece , taken upon the western coasts of ireland , i could never receive any clear satisfaction , neither of its odor , nor any other vertue , nor what use was or could be made of that stuff which has been so call'd , which is of several appearances . what is said of the herb mackenbory , is fabulous , only that 't is a tythemal , which will purge furiously , and of which there are vast quantities in that part of kerry call'd desmond , where the arbutus tree groweth in great numbers and beauty . there be in ireland not ten iron furnaces , but above forges and bloomeries , and but one lead-work , which was ever wrought , tho many in view , which the pretended patents of them have hindred the working of . there is also a place in kerry , fit for one allum-work , attempted , but not fully proceeded upon . there are in the west of ireland , about gentlemen , who have engaged in the pilchard-fishing , and have among them all about saynes , wherewith they sometimes take about hogshheads of pilchards per ann. worth about , l. cork , kingsale , and bantry are the best places for eating of fresh fish , tho dublin be not , or need not be ill supplied with the same . the clothing-trade is not arrived to what it was before the late rebellion . and the art of making the excellent , thick , spungy , warm coverlets , seems to be lost , and not yet recovered . near colrane is a salmon-fishing , where several tuns of salmon have been taken at one draught , and in one season . the english in ireland before henry the vii's time , lived in ireland as the europians do in america , or as several nations do now upon the same continent ; so as an englishman was not punishable for killing an irish-man , and they were governed by differe●t laws ; the irish by the brehan-law , and the english there by the laws of england . registers of burials , births and marriages , are not yet kept in ireland , though of late begun in dublin , but imperfectly . english in ireland , growing poor and discontented , degenerate into irish ; & vice versa ; irish , growing into wealth and favour , reconcile to the english. eleven iri●● miles make english , according to the proportion of the irish perch of feet , to the english of ● . the admeasurement of land in ireland , hath hitherto been made with a circumferencer , with a needle of ⅔ long , as the most convenient proportion ; but 't will be henceforth better done by the help of some old geometrical theoremes , joyn'd with this new property of a circle , demonstrated by dr. r. wood. the diagram . altho the pro●estants of irel●nd , be to papists , as three to eight ; yet , because the former live in cities and towns , and the scots live all in and about five of the counties of ireland ; it seems , in other open counties , and without the corporations , that the irish and papists are twenty to one . a report from the council of trade in ireland , to the lord lieutenant and council , which was drawn by sir william petty . in obedience to your lordship's act of council , of january the ●th . . we have spent several days in considering how , as well the wealth of this kingdom in general , as the money thereof in particular may be increased . and in order thereunto , we have first set down to the best of our knowledge , the state of this kingdom in reference to trade . secondly , we have noted such inferences from the same , as do sh●w the several causes of the smalness of trade , want of money , and the gen●ral poverty of this nation . and in the last place , we have offered such general remedies and expedients , in the respective cases , as may be obtained and practised , without any new law to be made in ireland . and we are ready so to inlarge upon the branches we have offered , as to make such of our proposals practicable , as your lordships shall please to select and approve of for that purpose . march the th . . considerations relating to the improvement of ireland . . the whole territory of ireland consists of about millions of acres ( english measure ) of arrable , meadow , and good pasture land ; with about two millions of rocky , boggy , and scrubby pasture , commonly call'd unprofitable , ( tho not altogether such ) : the rest being absolute boggs , loughs , rocks , sands , strands , rivers and high-ways , &c. of all which , several lands , the yearly rent ( comprehending their majesties quit-rents , tythes and tenants improvements ) is supposed to be about ● , l. and worth to be purchased at nine millions . . the value of all the housing in ireland , which have one or more chimneys in them , ( excluding all cabbins which have none ) is supposed to be two millions and a half . . the cattel and live-stock , three millions . . corn , furniture , merchandise , shipping , &c. about one million . . the coyned and currant money , now running in trade , is between , and , ● l. or the ●th part of the value of the whole kingdom , which we suppose to be about millions . . the number of people in ireland is about , , viz. three hundred thousand english , scotch , and welch protestants , and , papists , whereof ●th are children unfit for labour , and about , of the remainder are , by reason of their quality and estates ; above the necessity of corporal labour ; so as there remains , labouring men and women , ● , whereof do perform the present work of the nation . . the said , people do live in about , families or houses , whereof there are but about , which have more than one chimney in each ; and about , which have but one ; all the other houses , being , , are wretched nasty cabbins , without chimney , window or door shut , and worse than those of the savage americans , and wholly unfit for the making merchantable butter , cheese , or the manufactures of woollen , linnen or leather . . the houses within the city and liberties of dublin , are under , ● , viz. in the city . and the ale-houses within the same about . and it seems , that in other corporations and countrey towns , the proportion of ale-houses is yet greater than in dublin , viz. about ⅓ of the whole . . the counties , baronies and parishes , of ireland , are now become marvellously unequal , so as some are twe ty times as big as others , the county of c rk seeming in respect of people and parishes to be ●th of the whole kingdom , and other counties not being above the ●th part of the county of cork ; it hath been found very difficult to get fit persons for sheriffs , and juries ; and the often holding of assizes and quarter-sessions in the said smaller counties , hath been found an unnecessary burthen upon them . . there are now in ireland counties , baronies , and parishes ; so as the number of sheriffs , and sub-sheriffs , sheriff bailiffs , high and petty-constables , are about three thousand persons , whereof not above ● are english or protestants . so as the remainder ( being about ● ) are irish papists , and are the civil militia of this kingdom , and have the executing of all decrees of courts , and of justices of the peaces warrants . . this civil militia , and the rest of the irish papists being ' about ●, , are influenced and guided by about priests and fryars , an● they governed by their bishops and superiors , who are for the most part , of the old irish gentry , men of foreign education , and who depend upon foreign princes and prelates , for benefices and preferments . . the irish papists ( beside● sundays and the holidays appointed by the law ) do one place with another , observe about days more in the year , in which they do no corporal labour , so as they have but about working-days ; whereas protestants not strictly observing all the legal holy-days , by a total forbearing of labour , have in effect working-days in the year , that is , days more than the papists , or at least five of six days in each , or ● part of the whole year . . the expence of the whole people of ireland is about four millions per ann. the ⅓ part whereof being , l. and the quarter of annual house-rent being about ●, l. together with , ● l. more , being the value of half a years rent , tythes and quit-rent , do make ●, l. as that sum of money which will compleatly and plentifully drive the trade of this kingdom . . the value of the commodities exported out of ireland , and the fraight of the shipping imployed in the trade of this nation , together with the fishing of herrings , is about five hundred thousand pounds per annum . . the value of the estates in ireland of such persons as do usually live in england ; the interest of debts of ireland , due and payable to england ; the pay of the forces of ireland , now in england ; the expence and pensions of agents and solli●itors commonly residing in england about irish affairs ; the expence of english and iri●h youth now upon their education beyond the seas ; and lastly , the supposed profit of the two great farms now on foot , do altogether make up near ● , ● l. per ann. as a debt payabl● to england out of ireland . . the value of the cattel , viz. live oxen and sheep , carried out of ireland into england , was never more than , l. per annum ; the fraight , hides , tallow , and wooll of the said live cattel , were worth about , l. of the said , l. and the value of the goods imported out of england into ireland ( when the cattel-trade was free ) was between treble and quadruple , to the neat value of the ox , and she●ps fle●h transported from hence into england . . the customs of exported and imported goods , between england and ireland , abstracted from the excise thereof , was in the freest trade , about , l. per ann. inferences from the premisses . . by comparing the extent of the territory with the number of people , it appears that ireland is much underpeopled ; for as much as there are above ● acres of good land to every head in ireland , whereas in england and france there are but four , and in holland scarce one . . that if there be spare●●ands capable of labour , who can earn or five l. per ann. one with another , it follows that the people of ireland , well employed , may earn one million per ann. more than they do now , which is more than the years rent of the whole country . . if an house with stone-walls , and a chimney well covered , and half an a●re of land well ditched about , may be made for or l. or thereabouts ; then ⅓ of the spare hands of ireland can in one years time build and fit up , such houses and gardens , instead of the like number of the wretched cabbins above-mentioned : and that in a time when a foreign-trade is most dead and obstructed , and when money is most scarce in the land. . the other third part of the said spare hands within the same year ( besides the making of bridges , harbors , rivers , high-ways , &c. more fit for trade ) are able to plant as many fruit and timber-trees , and also quick-set hedges , as being grown up , would distinguish the bounds of lands , beautifie the countrey , shade and shelter cattel , furnish wood , fuel , timber and fruit , in a better manner than ever was yet known in ireland or england . and all this in a time when trade is dead , and money most scarce . . if the gardens belonging to the cabbins above mentioned , be planted with hemp and flax , according to the present statute , there would grow , l. worth of the said commodities , the manufactures whereof , as also of the wooll and hides now exported , would by the labour of the spare hands above-mentioned , amount to above one million per annum more than at present . . the multitude and proportion of alehouses above-mentioned , is a sign of want of employment in those that buy , no less than those that sell the drink . . there being but thousand papists in ireland , and little above , priests ; it is manifest that priests may , in a competent manner , officiate for the said number of people and parishes . and that two popish bishops if any at all be necessary ) may as well govern the said priests , and two thousand parishes ; as the bishops of england do govern near ten thousand parishes . . if the protestants , according to the present practice and understanding of the law , do work one tenth part of the year more than the papists : and that there be be thousand working people in ireland , whereof about thousand papists . it follows that the popish religion takes off thousand workers , which , at about l. per annum each , is about thousand pounds per annum of it self ; besides the maintenance of hundred superfluous churchmen , which at l. per annum each , comes to fifty thousand pounds per annum more . . the sheriffs of ireland at l. per annum , the high constables at l. per annum , and the petty constables at l. per annum , each , being all english protestants ( with some other incident charges for the administration of justice ) may be fallarated and defrayed for thirty thousand pounds per annum , consistent with his majesty's present revenue , forces , &c. which said sallaries , may also be lessened , by uniting some of the smaller countie's , baronies and parishes , according to the proportion of people inhabiting within them . . if there be not ●housand pounds coyned money in ireland ; and if thousand pounds ( or near double what there now is ) be requisite to drive the trade thereof ; then it follows , that there is not enough in ireland to drive the trade of the nation . . if the lands of ireland and housing in corporations , be worth above millions to be now sold ( and if less than one million of stock will drive all the trade afore-mentioned , that ireland is capable off ) reckoning but two returns per annum : it is certain that the lesser part of the said ten millions worth of real estate , being well contrived into a bank of credit , will with the cash yet remaining , abundantly answer all the ends of domestick improvements , and foreign traffick whatsoever . . if the whole substance of ireland be worth millions , as above said : if the customs between england and ireland , were neverworth above thirty two thousand pounds per annum : i● the titles of estates in ireland , be more hazardous and expensive , for that england and ireland be not under one legislative power : if ireland till now , hath been a continual charge to england : if the reducing the late rebellion did cost england three times more in men and money , than the substance of the whole countrey , when reduced , is worth : if it be just , that men of english b●rth and estates , living in ireland , should be represented in the legislative power ; and that the irish should not be judged by those who , they pretend , do usurp their estates : it then seems just and convenient , that both kingdoms should be united and governed by one legislative power . nor is it hard to shew how this may be made practicable , nor to satisfy , repair , or silence those who are interested or affected to the contrary . . in the mean time , it is wonderful that men born in england , who have lands granted to them by the king , for service done in ireland to the crown of england , when they have occasion to reside or negotiate in england , should by their country-men , kindred and friends there , be debarred to bring with them out of ireland food whereupon to live , nor suffered to carry money out of ireland , nor to bring such commodities as they fetch from america directly home , but round about by england , with extream hazard and loss , and be forced to trade only with strangers , and become unacquainted with their own country ; especially when england gaineth more than it loseth by a free commerce ; as exporting hither three times as much as it receiveth from hence : in so much as l. in england , was worth about l. of the like money in ireland , in the freest time of trade . . it is conceived that about ⅓ d of the imported manufactures , might be made in ireland and ⅓ d of the remainder might be more conveniently had from foreign parts , than out of england , and consequently that it is scarce necessary at all for ireland to receive any goods of england , and not convenient to receive above th part from hence of the whole which it needeth to import , the value whereof is under thousand pounds per annum . the application of the premisses , in order to remedy the defects and impediments of the trade of ireland . . forasmuch as the consideration of raising money , hath already , and so lately , been before your lordships ; therefore without giving this board any further trouble concerning the same : we humbly offer , in order to the regulation of the several species thereof ; that whereas weighty plate pieces , together with ducatoons , which estimate to be three quarters of the money now currant in ireland ; do already pass at proportionable rates ; and for that all other species of silver money , are neither rated proportionably to the said weighty pieces , nor to one another ; that whole , half and quarter cobbs of sterling silver ( if light ) may pass at s. d. per ounce ; but that the other species of courser silver , as the perrues , &c. may pass as commodity , or at s. per ounce , until there shall be conveniency for new coyning thereof into smaller money . . that forthwith application may be made unto england , to restore the trade from the plantations , and between the two kingdoms ( and particularly that of cattel ) as heretofore ; and in the mean time to discover and hinder , by all means possible , the carrying of bullion out of ireland into england ; to the end that those in england who are to receive moneys from hence , may be necessitated to be very earnest in the said negotiation . . that endeavours be used in england , for the union of the kingdoms under one legislative power , proportionably , as was heretofore and successively done in the case of wales . . for reducing interest from ten to five , or six , per centum , for disposing moneyed men to be rather merchants than usurers , rather to trade than purchase , and to prevent the bad and uncertain payments , which gentlemen are forced to make unto tradesmen , whose stock and credit is thereby soon buried in debts , not to be received without long and expensiv● suits , and that a bank of land be forthwith contrived and countenanced . . that the act of state which mitigates and compounds , for the costoms of some foreign goods , purposely made high to hinder their importation , and to encourage the manufacture of them here , be taken into consideration ( at least before it be renewed ) . . that the lord lieutenant and council , as also the nobilit , courts of justice and officers of the army , and other gentlemen in and about dublin , may by their engagement and example , discountenance the use of some certain foreign commodities , to be pitched upon by your lordships : and that gentlemen and freeholders in the country , at their assizes , and other country meetings ; and that the inhabitants of all corporations , who live in houses of above two chimneys in each , may afterwards do the same . . that there be a corporation for the navigation of this kingdom , and that other societies of men may be instituted , who shall undertake and give security to carry on the several trades and manufactures of ireland ; and to see that all goods exported to foreign markets , may be faithfully wrought and packt : which societies may direct themselves , by the many several proposals and reports formerly , and of late made by the council of trade , and which they are now again ready to enlarge and accommodate to the said several proposals respectively , and more particularly to the manufactures of woollen , linnen , and leather . . that the corporations of ireland , may be obliged to engage no manufactures , but according to their primitive instructions ; which was to carry on such great works , as exceeded the strength of single persons ; and particularly that they may cause some such like proportions of yarn , linnen , and woollen , as also of worsted , to be spun , as mr. hawkins hath propounded . . that the pattents , which hinder the working of mines may be considered . . that the justices of peace , may be admonished to protect the industrious , and not suffer their labours to be interrupted by vexatious and frivolous indictments . . that the inhabitants of the wretched cabbins in ireland , may be encouraged to reform them ; and also compelled thereunto , as an easy and indulgent committing for the penalty of nine-pence per sunday payable , by the statute ; and likewise to make gardens , as the statute for hemp and flax requires . and that other the wholesome laws against idlers , vagabonds , &c may be applied to the prevention of beggary and thievery : whereunto the orderly disposing of the said cabbins into townships would also conduce . . that the people be dissuaded from the observations of superfluous holy-days . . that the exorbitant number of popish-priests and fryars , may be reduced to a bare competency , as also the number of ale-houses . . that the constable , sheriff , and bailiffs , may also be english protestants , ( though upon salary ) from all which , and from the settlement of estates ; it is to be hoped , that men seeing more advantage to live in ireland than elsewhere , may be invited to remove themselves hither ; and so supply the want of people , the greatest and most fundamental defect of this kingdom . carolus secundus , dei gratia , angliae , scotiae , franciae & hiberniae rex , fidei defensor , &c. omnibus ad quos praesentes literae pervenerint salutem . cum praedilectus , perquam fidelis consanguineus & consiliarius noster jacobus dux ormondiae in r●gno nostro hiberniae , qui plurima egregia servitia serenissimo patri nostro beatissimae memoriae in eodem regno , in loco & qualitate domini locum-tenentis generalis & generalis gobernatoris ejusdem regni nostri per multos annos in temporibus maximae calamitatis summa cum prudentia & integritate praestiterit , ac sese fidum & fortem assertorem coronae angliae jurium continuè comprobaverit , ut pote qui dicto patri nostro per totam flagitiosam illam subditorum suorum nuperam defectionem , magnanimiter adhaerescens in praelio primus & audax , in consilio prudens , & nemini secundus extiterit ; at que nobis etiam tum extremis exilii nostri angustiis , tum restitutione nostra , inseparabilis & indesatigabilis adfuerit comes & adjutor : nos praemissa perpendendentes aequum duximus , in tesseram favoris nostri , eundem ducem ormondiae locum-tenentem nostrum generalem regni nostri hiberniae praedicti , & generalem in eodem regno gubernatorem constituere . sciatis , quod nos de provida circumspectione & industria praefati iacobi ducis ormondiae plurimum consitentes de advisamento concilii nostri & ex certae scientia & mero motu nostris assignavimus , fecimus , or●inavimus , constituimus & deputavimus & per praesentes assignamus , facimus , ordinamus , constituimus & deput amus eundem duc●m ormondiae locum-tenentem nostrum generalem regni nostri hiberniae praedict ' necnon g●bernator nostrum generalem regni nostri illius , habendum tenendum , gaudendum , exercend ' & occupand ' offic ' praed ' praefato jacobo duci ormondiae una cum omnibus & singulis vad ' feod ' stipend & assocation ' eidem officio spectan ' & pertinen ' durante beneplacito nostro ; dante 's & concedentes èidem locum-tenenti nostro generali & gubernatori nostro generali plenam tenore praesentium potestatem & authoritatem ad pacem nostram & ad leges & consuetudin●s regni nostri praedict ' custodiend ' & custodi●e faciend ' & ad omnes & singulos ligeos nostros tam anglicos quàm hibernicos dicti regni nostri ac alios quoscunque , per nos super dictum locum-tenent ' nostrum generalem & gubernatorem nostrum generalem , stipendiatos & alias quascunque personas , ibidem contra nos , aut pacem , consu●tudinem & leges praedict ' qualecùnque delinquend ' & contraveniend ' juxt a eorum demerita , secundum leges & consuetudines nes praedictas , viis & modis quibus melius pro honore & proficuo nostro fieri poterit : ac pro bana gubernatione dicti regni nostri ac ligeorum & subditor ' nostrorum ibidem juxta discretionem dicti locum-tenentis nostri general ' & gubernatoris nostri general castig and ' & puniend ' ac puniri & castigari faciend ' necnon ordinationes & statuta pro salvo & bono regimine regni nostri praedict ' juxta advisamentum consilii nostri ibidem ordinand ' statuend ' & stabiliend ' ac super inde proclamationes faciend ' debitaeque executioni demandand ' ac quoscunque contravenientes & delinquentes castigand ' & incarcerand ' at que incàrceratos solvend ' & deliberand ' necnon ad recipiend ' & admittend ' per dictum advisament ' consilii nostri ad fidem & pacem nostram , tam anglicos quàm hibernicos , & alios quoscunque infra praedict ' regnum nostrum hiberniae habitantes vel commorantes intutand ' seu commorand ' qui nobis , legibus nostris consuetud ' praedict ' rebelles & contrarii extiterint aut existunt vel existent ; & ad concedend ' faciend ' & dand ' per hujusmodi advisament ' plenam pardonationem , remissionem , relaxationem & absolutionem tam general ' quàm specialem , illis & eorum cuilibet hujusmodi pardonationem petent ' aut habere volen ' ac sectam pacis nostrae quae ad nos pertinet tam pro homicid rober ' felon ' murdr ' rapt mulierum , latrociniis , falsis allegation ' adhaesion ' inimicis vtlagar ' transgression ' contempt ' & aliis offensis quibuscunque in dicto regno nostro per aliquas hujusmodi personas ante haec tempora fact ' seu in posterum faciend ' & corum forisfactur ' & firmam pacem nostram eis & eorum cuilibet literas patentes sub magno sigillo quo ●timur in regno nostro praedicto in forma debita concedend ' donand ' & deliberand ' ac etiam eosdem alios quoscunque ad fines & redemptiones hujusmodi offens ' & eorum quamlibet qui fines & redemptiones facere debuerunt seu voluerunt ' accipiend ' & recipiend ' et singul ' personis juxta leges & consuetudines praed ' justitiam faciend ' & fieri niandand ' ac etiam ad universos & singulos tam anglos rebelles quàm hibernicos dicti regni nostri & alios quoscunque dictum regnum nostrum in posterum invadend ' ac ipsum regnum nostrum subditosque nostros ejusdem depraedare , gravare seu alio modo destruere seu devastare intendent ' ac se juxta leges , & consuetudines praedict ' justificare volentes , si necesse fuerit , cum potestate nostra regia , ac aliis viis & modis , quibus melius fieri poterit juxta eorum demerita puniend ' & si opus fuerit ultimo supplicio demandand ' ac subditos nostros providè commovend ' convocand ' & levand ' ac cum eisdem subditis nostris sic levat ' contra dictos rebelles congrediend ' cesque invadend ' vincend ' & castigand ' & si opus fuerit terr' ipsorum aliis qui nobis servire volunt & intendunt de advisamento praedict ' locand ' & demittend ' ac etiam cum eis pacisicand ' & pacem componend ' ac ipsos paci nostrae restorand ' toties quoties in praemissis vel circa ea opus fuerit . proviso tamen semper , quod super quamlibet talem dimissionem & location ' per praefat iacobum ducem ormondiae ac praedict ' advisament ' consilii nostri praed ' in posterum virtute harum literarum nostrarum patentin ' saciend annual ' reddit ' superinde debit sit nobis , haeredibus & successoribus nostris , omnino reservat ' damus insuper & concedimus eidem iacobo duci ormondiae locum-tenenti nostro generali & gubernatori nostro generali , tenore praesentium , plenam potestatem & authoritatem omnes proditiones , necnon felon ' murdr ' rapt ' mulier ' ibidem & alias causas & offensam quascunque per subditos ejusdem regni nostri hiberniae , vel alios ibidem residend ' commiss ' sive comittend ' prodition ' quae destructionem vitae nostrae concernerunt tantummodo except ' pardonand ' abolend ' remittend & relaxand ' literasque nostras patentes sub dicto magno sigillo nostro superinde cuicunque personae regni nostri hiberniae praed nomine nostro concedend ' componend ' & ad casdem sigilland ' cancellar ' nostro vel custod ' sigilli dicti nostri regni nostri hiberniae mandand ' tradend ' & deliberand ' . damus praeterea & concessimus eidem iacobo duci ormondiae locum-tenenti nostro generali & gubernatori nostro generali , plenam potestatem & authoritatem quoscunque de stirpe anglicano existend ' in officio in regno praedict tam secundo baroni scaccar ' nostri & quorumcunque computand ' ac aliar ' officiar ' persicere , ipsosque officiar ' intra regnum nostrum praedictum facere , deputare & constituere ; habendum eis & corum cuilibet & quibuslibet , durante beneplacito nostro , & quamdin in eodem se bene gerunt ad libitum ejusdem locum-tenentis nostri general ' & gubernatoris nostri general ' una cum vad ' & . regard ' eisdem officiar ' ab antiquo , debit ' & consuet ' offic ' cancellar ' thesaurar subthes●urar ' iusticiar ' utriusque banci & capital ' baron ' scaccar ' nostri offic ' magistri rotulorum ac offic ' ●hesaurar ' ad gueram offic ' marescall ' offic ' magistri ordination clerici de le checque ' offic ' praesiden ' munster & connaght , ac officium attor & sollicitator ' nostri ejusdem regni nostrae hiberniae tantumodo except ' statut & parliamen ' domini henrici nuper regis angliae septimi progenitor nostri inclytae memoriae , anno regni sui decimo , coram edwardo poyning milite tunc deputato regni nostri hiberniae tent ' edit ' & provis ' non obstante . concessimus etiam praefato locum-tenenti nostro generali potestatem quod ipse durante beneplacito nostro omnia officia ecclesiastica , tam jurat ' quam non jurat ' viz. vicar ' parsonat praebendar ' cantur ' capeil ' hospital ' dignitat ' archionat ' & alia beneficia quaecunque nominatione archiepiscopor ' & episcopor ' tantum except ' tam in ecclesiis cathedral ' quam collegiat ' hospitat ' & paroch ' in quocunque loco in regnum nostrum hiberniae quocunque titulo jam vacan ' seu in posterum ex causa quacunque vacare contingen ' & ad praesentationem , collationem sive donationem nostram quocunque modo spectan ' personis idoneis quibuscunque sibi placuerit dand ' concedend ' & conferend ' & ad eadem omnia & singula quorum ad nos praesentationis , donationis sive collationis spect ' & pertinent , & stat ' & possess ' omnium & singulorum qui de eorum aliquibus possessionat ' existunt ratificand ' approbanda ' & confirmand ' ac privileg ' libertat ' imunitat ' & concess ' per praedecessores nostros quoscunque aut aliquos alios ante haec tempora fact ' sive concess ' prout eidem locum-tenenti nostro general ' & gubernatori nostro general ' per advisament ' & consensu consilii nostri in regno nostro praed ' melius expedire videbitur ratificand ' approband ' & confirmand ' concessimus in super eidem iacobo duci ormondiae locum-tenenti nostro generali & gubernatori nostro general ' potestat ' & fidelit ' provision ' & renuntiation ' archiepiscopor ' & episcopor ' in codem regno nostro hiberniae , tempore praeterito sive futuro , fact ' ordinat ' & consueta acceptand ' faciend ' ordinand ' & constituend ' ac omnia alia ad nos debit ' nomine nostro recipiend ' eisdem archiepiscopis , episcopis & car ' quilibet temporalia sua cancellar ' nostro regni nostri praedict ' deliber ' mandand ' cum omnibus & singulis juribus emolumen ' proficuis & reven tionibus ratione vacationis deor ' beneficior ' dignitat ' archiepiscopat ' sive episcopat ' nobis reservat ' ac etiam homag ' omnium & singulorum tam spiritual ' quàm temporal ' tenen & subditor ' nostrorum quorumcunque in regno nostro praedicto nomine nostro recipiend ' & terras & tenement ' sua de hereditate sua cancellar ' nostro deliba●i mandand ' manusque nostras exinde amovend ' ac victual ' sufficien ' & necessar ' pro expens ' hospitii sui & soldar ' suor ' in quocunque infra dictum regnum hiberniae per provisor ' hospitii sui & alios ministr ' suos una cum carria● ' sufficien ' pro eisdem , tam infra libertates quàm extra , pro denar ' suis rationabil ' solvend ' providend ' & capiend juxta formam statuti de hujusmodi provision ' ante haec tempora fact ' nisi aliter per composition ' fact ' cum intutan ' com' infra partes vulgariter vocatos the english pale aliosque com' extra deces partes provisum sit aut post hac provideatur , quod praed locum-tenens general ' & gubernator noster general habeat vel habere possit summam pecuniae annuatim in dicta compositione ante haec limitat ' pro compensatione & recompensatione pro hujusmodi virtual ' providend ' & capiend ' pro provisor hospitii sui , quam quidem compositionem censemus observand ' pro beneficio subditor ' nostror ' necnon ad summonend ' & sumonire faciend ' atque tenend ' secundum leges , statut ' & consuetudin ' regni nostri hiberniae praedict ' unum duntaxat parliament ' quandoquidem sibi melius expediri videbitur , consensu tamen nostro in ea parte semper habit ' & ad idem parliament ' prorogand & adjournand ' toties quoties necesse fuerit , & infra deos annos à tempore interceptionis ejusdem plenè determinand ' & siniend ' & quoscunque sic summonit ' absentes & non legitime impedit ' mulctand ' & puniend ' concessimus insuper dicto locum-tenenti nostro general ' & gubernator ' nostro ' general ' plenam & sufficien ' authoritatem & potestat ' ad omnimod ' officiar ' computabil ' thesaurar ' & subthesaurar ' regni nostri praedict ' duntaxat except ' coram eisdem thesaurar ' , subthesaurar ' nostris & baron seaccarii nostri dicti regni nostri hiberniae , computare faciend ' & ad hujusmodi comput ' reddend ' compelland ' ac etiam ad inquirend ' & inquiri faciend ' viis & modis quibus melius sibi videbitur , faciend de quibuscunque bonis & cattallis quae fuer ' ill ' sive alior qui erga nos seu progenitores nostros forisfecerunt vel forisfacient , & à nobis concelat ' existunt vel imposterum existent , & ad omnia & singula alia quae ad offic ' locum tenentis nostri generalis & gubernatoris nostri generalis jure , usu & consuetud ' regni nostri praed ' pertinent aut pertinere deberent & pro bono regimine & salvatione & pro bono custod ' pacis regni nostri praed & quiete populi nostri ibidem , & recuperatione jurium nostrorum in regno nostro hiberniae necessar ' fuerit ; salvis super reservatis faciend ' exercend ' exequend ' & ordinand ' omnia alia nomine nostro & pro nobis in dicto regno nostro hiberniae faciend ' exercend ' & ordinand sicut nos faceremus aut facere possemus si ibidem in propria persona nostra essemus . damus insuper praefato iacobo duci ormondiae locum tenenti nostro generali & gubernatori nostro generali potestatem & authoritatem navibus nostris quibuscunque aut aliis quae circa littora dicti regni nostri hiberniae sunt in servitio nostro , aut in posterum quacunque occasione erunt & mittentur pro defensione dicti regni nostri hiberniae , imperand & utend ' pro servitio nostro & tutamine dicti regni nostri , prout ipse secundum discretionem suam & per advisamentum concilii nostri ejusdem regni nostri hiberniae visum , erit ' nisi nos special ' commission ' nostra aut admiralli nostri angliae ordinatione special ' gubernator ' & capitan ' praed ' navium nostrarum aut aliis mittend ' speciali instructione mandat ' & servic ' imperaverimus aut imperaverit . constituimus etiam praesat . iacobum ducem ormondiae gubernator ' & praefect . nostrum general ' exercitûs nostri in dicto regno nostro hiberniae , tam praesentis quàm futuri , quàm diu nobis placuerit , cum alacationibus inde debit ' & consuet . ac eidem duci praefecto generali ex ercitus nostri ibidem plenam potestatem & authoritatem concedimus faciend ' constituend ' & ordinand ' leges , ordinationes & proclamationes de tempore in tempus , ut casus exegerit , pro bono regimine exercitus nostri praedict ' ac omnes quorumcunque sub mandato & gubernatione ejusdem praefectus generalis exercitûs nostri eas demque leges , ordinationes & proclamationes exequendi ac debitae executioni mandand ' ac etiam insligere , adjudicare & assidere timor ' poenas corporales , imprisonamenta , fines , forissactur ' ac omnes alias poenas & penalitates quascunque in & super omnes delinquentes si ve offendentes contra hujusmodi leges , ordinationes & proclamationes qualis & quae eidem gubernatori & praefecto nostro exercitûs nostri requisit ' & necessar ' fore videbuntur ' quae omnia leges , ordinationes & proclamationes , sic ut praefert ' faciend ' observari volumus sub poenis in eisdem continend ' . et ei damus potestatem & authoritatem utendi & exercendi infra regnum nostrum praedictum si opus fuerit , lege mariscal ' sive martial ' necnon substituend ' assignand ' & appuntuand ' sub se infra dictum regnum nostrum per literas nostras patentes sub magno sigillo nostro dict' regni nostri praedict ' faciend ' tot & tales marriscallos , commissarios & al' officiar ' ad legem armor ' sen legem martial ' exercend ' & exequend ' prout praefat ' locum-tenenti nostro general ' & gubernator ' nostro general ' de tempore in tempus expedire videbit ad exercend ' utend ' & exequend ' praed ' leges , quotie● opus & necesse fuerit , & juramenta praestare , aliaque omnia per se vel per alios facere , erigere , quae ad leges praedictas exercend ' aliqualiter pertineant . et quia valde necessar ' nobis videatur ut praefat ' locum tenens noster generalis & gubernator noster generalis pro negotiis nostris magni momenti personam nostram regiam in propria persona sua sicut nobis visum suerit attendat ' ideo ulterius damus , & per praesentes praefato iacobo duci ormondiae locum-tenenti & gubernator ' nostro general ' plenam potestatem & authoritatem concedimus nominand ' & assignand per literas nostras patentes sub magno sigillo nostro , dicti regni nostri hiberniae nomine nostro , tam nunc quàm de tempore in tempus imposte um , consiciend ' quamcunque aut quoscunque dictus locum-tenens & gubernator noster general ' in hac pa●te idoneum sive idoneos duxerit sore deputat vel deputatos quocunque nomine assignatos durante beneplacito nostro pro gubernatione dicti regni nostri hiberniae in a●sentiae sua , donec idem locum-tenens & gubernator noster in dictum regn ' hiberniae gubernatione ejusdem ut praefert ' redierit , volentes tamen quod in eisdem literis patentibus alicui personae seu personis sicut praefert ' faciend deputat ' aut deputatos in absentia sua tantum provis & nomine nostro mand ' sit quod non licebit alicui tal deputat ' vel deputatis the saurar ' seu pecunias nostras cuicunque solvere vel erogare , authoritat ' seu warrant ' ipsius deputat ' vel ipsorum deputat ' tantum sed quod omnia erod ' mandat ' & warrant ' per thesaur ' & pecuniis nostris per ipsum sient & signabunt non solum manu propria praefat ' deput ' vel praefator ' deputator ' sed etiam manibus praedilectorum & sidel consiliar ' nostrorum magistri curiae wardor ' capital ' baron ' scaccar nostri ' cancellar ' scaccar ' nostri & primar ' secretarii nostri ibidem pro tempore existente vel saltem manibus duorum illorum . damus ulterius universis , singulis archiepiscopis , ducibus , comitibus , vice-comitibus , episcopis , baron ' iusticiar ' militibus , liberis hominibus & aliis subditis nostris de regno nostro praedict ' firmè in mandatis , quòd praefato iacobo duci ormondiae locum-tenenti nostro general & gubernatori nostro general ' in eodem regno nostro intendentes sive assidentes , auxiliantes & consultantes , ac ipsius mandatis in omnibus prout decet aut decebit obedientes sint , aliquo statut ' actu , ordinatione , provisione , jure , usu , consuetudine sive restriction ' in contrar ' inde fact edit ' ordinat ' sive provis ' aut aliqua alia re , causa vel materia quacunque in aliquo non obstante . in cujus rei testimonium has literas nostras fieri fecimus patentes teste meipso apud westmonaster ' vicessimo primo die februarii ann. regni nostri quarto decimo inrotulat ' in rotulls patentibus cancellariae hiberniae de ann. regni regis caroli secundi decimo quarto & examinat ' per i. temple . per ipsum regem barker . at the court at hampton court , iune . . propositions to be consider'd of by his majesty , concerning the governing of ireland . charles r. . that his majesty may declare his express pleasure , that no irish suit by way of reward be moved for by any of his servants , or others , before the ordinary revenue there become , able to sustain the necessary charge of that crown , and the debts there of befully cleared . this is most reasonable , it standing with no sound rule of judgment , to exercise the acts of bounty in a place which doth not discharge it self , and will prove the readiest and most expedient way to recover his majesties affairs thereby , thus carrying the revenues in their natural channell ; and indeed this course being constantly pursu'd , will much encrease the annual profits above what they now are , and intirely draw the dependance of the inferiors from the great lords upon his majesty , and so the interest and assurance the crown shall have in the natives thereof , be of no less consequence and advantage than the very profits : . that there be an express caveat entred with the secretary , signet , privy seal and great seal here , that no grant , of what nature soever , concerning ireland , be suffered to pass , till the lord lieutenant be made acquainted , and it first pass the seal of that kingdom , according to the usual manner . this will be of great intelligence and safety to his majesty ; for on the one side he will clearly see into the true inward value all things , which formerly , albeit of very great worth , have from so great a distance slipt away here , as little understood by the crown ; as is acknowledged by those that obtain them ; who generally , in these causes , sacrifice rather to their own wit , than the goodness and bounty of kings . and on the other side , nothing can pass to the disadvantage of the crown ; and proper ministers , instructed with these affairs , may be immediately faulted and justly called to a severe account for their negligence and unfaithfulness therein ; which will give them good reason to look more narrowly into his majesties rights , and their own duties . . that his majesty signify his royal pleasure , that special care be taken hereafter , that sufficient and credible persons be chosen to supply such bishopricks as shall be void , or admitted of his privy councel , or sit as iudges , and serve of his learned councel there ; that he will vouchsafe to hear the advice of his lieutenant before he resolve of any in these cases , that the lieutenant be commanded to inform his majesty truly and impartially , of every mans particular diligence , and care in his service there , to the end his majesty may truly and graciously reward the well-deserving , by calling them home to better preferment here . this will advantage the service ; it being altogether impossible for the lieutenant , be he never so industrious and able , to administer the publick justice of so great a kingdom , without the round assistance of other able and well-affected ministers . this will encourage the best men to spend their stronger years there , when they shall see their elder age recompensed with ease and profit in their own native soyl ; and content and settle the natives , when they find themselves cared for , and put in the hands of discreet and good men to govern them . . that no particular complaints of injustice or oppression be admitted here against any , unless it appears , that the party made first his address unto the lieutenant . this is but justice to the lieutenant , who must needs in some measure be a delinquent , if the complaint be true ; for that he ought as in chief , universally to take care that his majesties justice be truly and fully administered ; and therefore good reason that his judgment should be informed , and his integrity first tryed , before either be impeached ; nay , it is but justice to the government it self , which would be exceedingly scandalized through the liberty of complaints , and the ministers therein extreamly discouraged upon any petty matter , to be drawn to answer here , when as the thing it self is for the most part either injurious or such as the party might have received good satisfaction for at his own doors : but where the complaint appeareth formally grounded , that is , where due application hath been made to the lieutenant , without any help or relief to the party , as may be pretended ; let it in the name of god be throughly examined , and severely punished , wheresoever the fault prove to be ; especially if it be found to be corrupt or malitious : for thus shall not his majesty only magnify his own justice , but either punish an unfaithful minister , or a clamorous complainer ; and so his service be better'd by either example . . that no confirmation of any reversion of office within that kingdom be had , or any new grant of reversion hereafter to pass . that disposing of places thus aforehand , much abates mens endeavours , who are many times stirred up to deserve eminently in the commonwealth , in hope of those preferments ; and being thus granted away , there is nothing left in their eye , for them to expect and aim at , which might nourish and quicken those good desires in them , besides places there closely and covertly passed , the persons are not for the most part so able and fitted to the duties thereof , as when there is choice made out of many publick pretenders , which commonly occur , when they actually fall void by death . . that the places in the lieutenants gift , as well in the martial as civil list , be left freely to his disposing ; and that his majesty may be graciously pleased not to pass them to any person , upon suits made unto him here . this course held , preserves the rights of the lieutenants place , and his person in that honour and esteem which can only enable him to do service ; and if the contrary happen , it is not only in diminution to him , but draws off all necessary dependance upon him , and regard that ought to be had of him , in all ready obedience in such things he shall command , for the kings service , when they shall discern that the natural powers of the place are taken from him , whereby he might kindle their chearful endeavours by the preferring and furnishing such as deserve those places . . that no new offices be erected within that kingdom before such time as the lieutenant be therewith acquainted ; his opinion first required and certified accordingly . suits of this nature , however they pretend the publick , their chief end is the private profit of the propounder ; and for the most part , in the execution prove burthens , not benefits to the subjects ; therefore throughly to be understood before they pass , as more easy and less scandalous to the state , to be staid at first than afterwards recalled , and if they be really good , his majesty may be better informed by his lieutenants approbation , and so proceed with more assurance to the effecting thereof . . that his majesty would be pleased , not to grant any licence of absence out of that kingdom , to any councillors , bishops , governours of any province or county , or officers of state , or of the army , or to any of the iudges , or learned council , but that it be left to his lieutenant to give such licence . this is but reasonable , because the lord lieutenant who is chiefly intrusted under his majesty with the care and government of that kingdom , is the most competent and proper judge , who in publick employment may be spared , and how long , without prejudice to his majesty , or the publick . . that all propositions moving from the lieutenant , touching matters of revenue , may be directed to the lord treasurer of england only , and that the address of all other dispatches for that kingdom be by special direction of his majesty applyed to one of the secretaries singly , and his majesty , under his hand-writing doth specify , that his majesty will have this done by mr. secretary nicholas . these propositions made unto his majesty , by his grace the duke of ormond lord steward of his majesty's houshold , and lord lieutenant of ireland , were received and approved at the council board , the day of iune , there being present the king 's most excellent majesty his royal highness the duke of york , his highness prince rupert , the lord chancellor , the lord treasurer , duke of albemarle , duke of ormond , marquess of dorchester , lord great chamberlain , lord chamberlain , earl of barkshire , earl of portland , earl of norwich , earl of anglesey , earl of lauderdail , the lord hatton , lord hollis , lord ashly , sir william compton , mr. treasurer , mr. vice chamberlain , mr secretary nicholas , mr. secretary morris . by his majesties command , edward nicholas at the court at hampton-court , iune . . present , the king 's most excellent majesty . his highness , the duke of york . his highness , prince rupert . lord chancellor . lord treasurer . duke of albemarl . duke of ormond . marquess of dorchester . lord great chamberlain . earl of berkshire . earl of portland . earl of norwich . earl of anglesey . earl of lauderdale . lord hatton . lord hollis . lord ashly . sir william compton . mr. treasurer . mr. vice-chamberlain . mr. secretary nicholas . mr. secretary morris . charles r. his majesty's express pleasure is , that the masters of requests , and every of them , in their several months of attendance at court , do constantly observe these ensuing directions , viz. not to move his majesty in petitions for any irish suit , by way of reward , either for any of his majesty's servants , or others before the ordinary revenue of that kingdom become able to maintain the necessary charge of that crown , and the debts thereof be fully cleared . for any particular complaint of injustice or oppression , pretended to be done there , unless it appear the party made his first address unto the lord lieutenant , for confirmation of any reversion of offices within that kingdom , or any new grant of reversion hereafter ; any places in the lord-lieutenants gift , either of the civil or military list , when any such shall fall void . any erection of a new office in that kingdom , before such time as the lord-lieutenant be therewithall acquainted , his opinion required and certified back accordingly . by his majesty's command , edward nicholas . charles r. there being nothing more conducible to the quiet and safety of a kingdom , than a frugal and regular ordering and disposing of the revenue that is to maintain the publick charge and expence of the government , both civil and military ; we have thought fit , with the advice of our council , upon a prospect made of all our revenue , certain and casual , and the just means in view upon the settlement of estate in that kingdom , now in hand for improveing thereof , to begin by this establishment , both to bring our payments as near as may be to the compass of our receipts , and to provide especially for our publick affairs , by supporting civil justice and government , and by maintaining our forces in the present strength and fulness ; intending hereafter , as our charge may grow less , and our means encrease , to extend our favour and bounty according to our gracious inclinations , and the merit of persons , to the further encouragement of particulars , as cause shall require : whereof we have already given a proof , in the liberal addition we have made to the judges , for their better support , in the impartial administration of justice . the list for civil affairs ; containing the several entertainments , by the year , of all officers and others , serving in our courts of justice , in the several provinces of ireland : officers belonging to the state ; officers of our customs ; officers of the excise : creation-money ; with other perpetuities and particular payments for our service ; which we require henceforth to be duely paid out of our revenues there , by the hands of our vice-treasurer , or receiver general for the time being , according to the cautions here mentioned ; the same to begin for , and from the first day of april . . these following payments are the constant fees to be continued to the several officers , without change from time to time .   l. s. d. the right honourable arthur , earl of anglesey , vice-treasurer , and general receiver . sir robert meredith kt. chancellor of the exchequer . iohn busse esq lord chief baron of the exchequer . sir richard kennedy kt. second baron of the exchequer . iohn povey esq third baron of the exchequer . sir audly mervin kt. his majesty's prime serjeant at law. sir william domvile kt. his majesty's attorney general . sir iohn temple kt. his majesty's sollicitor-general . philip fernely , esq his majesty's chief remembrancer ● sir iames ware , kt. his majesty's auditor-general , for his ancient fee per ann. ● l. s. d. and for an augmentation thereof , allowed by the former establishment l. in all ● sir allen brodrick , kt. his majesty's surveyor-general . frances lee , escheatour of the province of leinster . escheatour of the province of vlster . escheatour of the province of munster . escheatour of the province of connaght . henry warren , esq second remembrancer . nicholas loftus , esq clerk of the pipe. roger moor , esq chief-chamberlain . sir robert kennedy , bart. second chamberlain . maurice keating , controllor of the pipe. iohn longfield , usher of the exchequer , for his fee per annum , l. s. and for his allowance for ink , for the exchequer , l. per annum . in all , per annum . thomas lea , transcriptour and forreign opposer . edward ludlow , summonitor of the exchequer . iohn burniston , marshal of the four courts . sir theophilus iones , kt. clerk of the pells . iohn exham , clerk of the first fruits , and twentieth parts . thomas gibson , cryer of the court of exchequer . the right honourable iames , baron of santry , lord chief justice of his majesties bench. sir will. aston , kt. second justice of the said court. thomas stockton , esq third justice of the said court. sir will. vsher , kt. clerk of the crown , of the said court. the most reverend father in god , michael lord arch-bishop of dublin , lord chancellor of ireland . sir iohn temple sen. kn t. master of the rolls . dr. dudley loftus one of the masters of the chancery . robert mossom , esq another master of the chancery . george carlton clerk of the crown in chancery . the said george carlton , clerk of the hanaper , for his fee per annum l. s. and for an allowance of paper and parchment for the chancery , per annum l. in all   sir edward smith , kn t. lord chief justice of the common-pleas . sir ierome alexander , kn t. second justice of the said court. robert booth , esq third justice of the said court. sir walter plunkett , kn t. prothonotary of the said court.   sir george lane , kn t. clerk of the star-chamber . george rutlidge , marshall of the star-chamber .   sir paul davis , knt. secretary of state , for his fee the said sir paul davis for intelligences the said sir paul , clerk of the council , for his ancient fee , per ann. l. s. and for an allowance for paper and parchment l. in all richard st. george , esq vlster king at arms richard carvy athlong , pursivant , philip carpinter , esq chief serjeant at arms , at s. d. per diem george pigott , second serjeant at arms for like allowance george wakefield , pursivant , william roe , pursivant , arthur padmor , pursivant , thomas lee , keeper of the council-chamber . six trumpeters and a kettle-drum , at l. each per ann. . for their fee , and l. per an. each board-wages l. in all per ann.   the chief , and other justices of assizes in every of the five circuits twice a year , per annum robes for the judges , viz. three in the exchequer , three in the king's bench , three in the common-pleas , master of the rolls , and three of the king's council , at l. s. d. apiece per annum , making in all liberates under the seal of the exchequer yearly , viz. the chancellor of the exchequer l. s. d. the chief remembrancer l. s. d. clerk of the pipe l. s. d. the usher l. the second remembrancer l. the chief chamberlain l. the second chamberlain l. clerk of the common-pleas of the exchequer l. summonister and comptroller of the pipe l. the customer at dublin for wax paper , parchment and ink l. . s. in all per ann. rent of a house for the receipts keeper of the house for the receipts singers of christ-church in dublin for singing in the exchequer , and praying for his majesty , at s. for every term per ann. pursivants of the exchequer for carrying writs paper and parchments to the courts the nobility , bishops and councellors which shall reside and keep house in ireland for impost of wines , according to his majesty's special grace   william halsy , esq chief justice of the province of munster iohn nayler , second justice of munster henry batthurst , attorney of the province of munster william carr , esq clerk of the council of the said province walter cooper , serjeant at arms there oliver iones , chief justice in the province of connaght adam cusack , esq second justice of that province iohn shadwell , esq attorny for the said province sir iames cuss , kn t. clerk of the council there thom. elliot , serjeant at arms there officers of the customs . l. s. d. thomas worsop , esq customer of the port of dublin will. maul , esq comptroller will. scott , esq searcher   george wakefeild , customer hugh poulder , comptroller   sir iohn stephens , customer frederick christian , comptroller thom. tint , searcher   rich. scudamore , customer robert williams , searcher   robert southwell , customer iohn brown , searcher   iohn selby , customer the customer montfort westrop comptroller . iohn lynch , searcher .   iohn morgan , customer . the searcher .   thomas willis , customer . iohn bulteele , comptroller . hugh mountgomery , searcher .   roger lindon , customer . samuel willby , searcher .   nicholas ward , customer at strangford . robert hard , searcher at newcastle , dundrum , killaleagh , bangor , hollywood , bellfast , olderst●ct , st. david , whitehead , ardglasse , strangford , ballintogher , and donagh●dee . for the salaries due to the officers of the excise . the contingent charge of the excise .   these two sums are to be distributed and apportioned as the lord lieutenant , or other chief governor , or governors , and council , shall think fit , the custom and excise being now farm'd . these two sums are to cease for the time of the farm , and are not cast up in the total . the said commissioners , which are to be but five in number , are to have the allowance of one penny in the pound each , for all money to be received for customs and excise .   l. s. d. for the salaries of four commissioners of appeals in causes of excise , and new impost . viz. sir iames ware , kt. iohn povey , esq sir william vsher , kt. and peter weybrants , alderman , at l. a piece , per annum . dr. robert wood , and iames bonnell , accomptants general of the customs and excise , per annum . the duke of ormond the marquiss of antrim the earl of castlehaven the earl of desmond the earl of westmeath the earl of arglasse the earl of carbury the earl of cavan the earl of donnegale the earl of clanbrazill the earl of inchiquin the earl of orrery the earl of montrath the earl of tyrconnel the earl of clancarty the earl of mount-alexander the earl of carlingford the lord viscount grandison the lord viscount willmot the lord viscount valentia the lord viscount dillon the lord viscount nettervil the lord viscount killulla the lord viscount magennis the lord viscount sarsfield and kilmallake the lord viscount ranelaugh the lord viscount wenman and tuam the lord viscount shannon the lord viscount clare the lord baron of cahir   where creation-money is granted to one and the same person for two honours , that sum which is granted with the highest title , is only to be paid .   l. s. d. the provost and fellows of trinity-colledge near dublin , by patent , dated . august , . as a perpetuity , per annum . the dean and chapter of christ-church , dublin , grant in perpetuity , . iunii , per annum . the lord archbishop of dublin , for proxies due unto him out of divers churches belonging to the late monasteries of thomas court , st. maries abby , and st. iohn of ierusalem , near dublin , per annum . the lord bishop of meath out of the mannor of trim. the mayor , sheriffs , commons , and citizens of dublin , per annum . the chaunter of christ-church , dublin , for the rent of a plat of ground , near his majesties castle of dublin . the payments hereafter following , are to be continued to the present gran●ees , during their grants ; but to cease afterwards , and not to be regranted , or paid to any other .   l. s. d. the most reverend father in god , mich●el lord arch-bishop of dublin , lord chancellor of ireland . the right honourable richard earl of cork , treasurer . nicholas lostus esq , clerk of the pipe. maurice keating , comptroller of the pipe. sir theophilus iones k t. , clerk of the pells . bryan iones esq auditor of the foreign accompt● and prests , at s. d. per diem granted him by letters patents ; dated . april . anno do . caroli primi , during his good behaviour , per annum . edward cook esq , one of the masters of the chancery . iohn westly esq , one of the masters of the chancery . anthony walsh , keeper of the room , as also of the robes , hanging and clock in the castle of dublin at d. per diem . iohn crooke , printer to his majesty in ireland . thomas mall esq , surveyor general of the customs .   william maule , comptroller of the customs at dublin . marcus viscount dungannon , master of the game . sir george lane k t. , for his fee , as keeper of the records in brimingham's tower. iames buck , clerk of the market of all ireland . the countess of tyrconnell . edward fitz-gerrald . sarah king , widow . iane cary , widow . iohn dogharty at d. per diem . iepson macquire . sir robert meredith . sir george blundell at s. per diem . ann conocke . william awbry , at l. per week patrick archer . to be paid unto him until he be satisfied the sum of l. s. d. and l. s. d. by letters patents dated march . and his majesties letters of the d of may .   l. s. d. dr. iohn sterne . luke german esq , per annum patrick cowurcey , and his son iohn cowurcey , per annum . sir iames dillon per annum dr. robert george , per annum thomas piggot esq , per annum mrs. mary warren , per annum arthur earl of anglesey , per annum captain william rosse , per annum   commissioners of accompts , for the yearly accompts by them to be taken by virtue of his majesty's commission at l. each of them per annum , l. and to the clerks and others imployed in the said accompts , l. s. in all , for fraught and transportation , carrying of letters and other expresses , gifts and rewards , sea-service , repairing and upholding sufficiently our houses , maintaining our forts , finishing of needful undertakings of that kind , begun in other places , but not finished ; erecting of more strengths of the like kind , and other fit and necessary places . diets and charges , in keeping of poor prisoners , and sick and maimed soldiers in hospitals ; printing , riding and travelling charges ; prests upon accompt , and all other payments by concordat of our lieutenant , or other chief governor or governors , and council , not to be exceeded without special direction first had from us , or our privy-council in england . sum total of the payments aforesaid upon the civil list amounts unto per annum . memorandum . that the impost of wines , for the nobility , bishops and councillors , the officers of the excise , and commissioners-general of the customs and excise , are not included in the abovesaid sum. and our pleasure is , that no payment or allowance be made by concordat , but by warrant drawn by the clerk of the council of ireland , and passed openly at our council-board there , and signed by our lieutenant or other chief-governour , or governour , chancellor , treasurer , or vice-treasurer , chief-baron and secretary , or other four of them at the least , the lieutenant or chief-governour being one ; and in default , either by exceeding the sum limited by anticipation or otherwise , or by not observing of this our direction and commandment in every point ; our pleasure is , that all sums which shall otherwise be allowed and paid there , shall be set insuper , as debts upon our said lieutenant , or other chief-governour , or governours ; and our vnder-treasurer , upon his accounts to be defaulked to our use , upon their several entertainments . and our further pleasure is , that this establishment and list , containing all our payments to be made for civil-causes , be duly paid according to our directions , and be not exceeded , nor any of the payments which are no ed to be but temporary , or to cease after death , or surrender of the party , or upon determination of his grant , to be continued or renewed to any other , either in concurrence , reversion or otherwise . and we require our auditor-general , that once every year , immediately upon the passing the accounts of our vice ●reasurer , or receiver general , a transcript of the same accompts , both for receipts of every nature , and the particular payments , be returned to our treasurer of england , to the end we may be truly informed , both of the increase of our said revenues yearly , and also of the abatements of payments contained in this list. arlington . by the lord-lieutenant-general , and general governor of ireland . instructions for our dearest son , thomas earl of ossory , nominated by vs by virtue of his majesty's letters patents , under his great seal of england , bearing date the st day of february , in the th year of his reign , and constituted by his majesty's letters patents , under the great seal of this kingdom of ireland , bearing date the st day of may , in the th year of his reign , his majesty's deputy of this his said kingdom , during his majesty's pleasure , and only in our absence , until we shall return into this kingdom . ormond . whereas we the lord-lieutenant received instructions from the king 's most excellent majesty , under his royal signatures , bearing date the d day of june , . we do herewith deliver you a copy of the said instructions signed by vs. and we do hereby require you to observe those instructions , inall such parts of them , as were to be observed by vs , and are now appliable to you , in the place of his majesty's deputy of this his kingdom . you are to take care , that in your giving commands , or warrants for payments of any of his majesty's treasure , or moneys , you observe the rule prescribed to you , in such cases , by his majesty's letters patents , whereby you are constituted his majesty's deputy of this his kingdom . given at his majesty's castle of dublin , the th day of may , . g. lane . the establishment and list ; containing all the payments to be made for military affairs in ireland , to be duly paid by the hands of our vice-treasurer , and treasurer at wars , according to the cautions hereafter mentioned ; the same to begin for and from the st day of april , . signed , charles rex . officers general .   l. s. d. the lord-lieutenant and governour-general of ireland , for his fee per ann. viz. for his diet , at l. per mensem ; a retinue of horse , with officers at l. s. d. per diem ; an allowance of l. per ann. in lieu of cess , an allowance of l. per ann. in lieu of beefs , formerly paid to the lord-lieutenant , out of the county of cavan ; an allowance of l. per ann. formerly paid to the lord lieutenant out of the tythes of dunbogne , making in all per ann. as general of the army per ann. as cap t. of a troop of horse per ann. as collonel of foot , per ann. as cap t. of a foot-company , per ann.   for his guard of halberteers , consisting of a cap t. at l. s. each calendar month ; a lieutenant at l. s. two serjeants at l. s. each ; and halberteers at l. s. each , making per ann. the lieutenant-general of the army at l. per diem . to cease post mortem , or other determinations of the grant made to thomas earl of osserey .   l. s. d. the serjeant major-general of the army , at l. per diem , per ann. to cease post mortem , or other determinations of the grant made to roger earl of orery .   l. s. d. sir henry titchburn , k t. marshal of ireland , for his entertainment at s. d. per diem ; a trumpeter at d. ob q. per diem , and a retinue of horse , at d. a piece per diem , making per ann. the commissary general of the horse , at l. per diem , per ann. to cease post mortem , or other determinations of the grant , to iohn lord kingston .   l. s. d. the muster-master general , and clerk of the cheque , for his entertainment , at s. per diem , at horse-men , at s. the piece per diem ; for any encrease of his entertainment s. d. per diem , with an allowance for one clerk at s. d. per diem making per ann.   six commissaries of the musters , at per ann. each . one corporal of the field , viz. collonel beverly vsher , at s. per diem ; per ann. to cease post mortem , or other determinations of the grant in being .   l. s. d. the advocate general of the army at s. d. per diem . the physician-general of the army at s. per diem . chirurgion of the army in ireland , and of the hospital of dublin . officers provincial .   l. s. d. q. the lord president of munster , for his fee at l. sterling per an. for his diet , and the councils there , at l. s. per week , and for his retinue of horsemen , and foot-men , at l. s. d. ob . per diem , in all per annum . ob . the lord president of connau●ht , for his fee at l. sterling per ann. for his diet , and the councils there , at l. s. per week , and for his retinue of horse-men , and foot-men , at l. s. ● d. ob per diem , in all per ann. ob . the provost-marshal of lemster , for his entertainment at s. d. ob . q. per diem , making per ann. ob .   ob . the provost-marshal of munster , for his entertainment at s. d. ob q. per diem , making per ann. ob . the provost-marshal of connaught , for his entertainment , at s. d. ob . q. per diem , making per ann. ob . the provost marshal of vlster , for his entertainment at s. d. ob . q. per diem , making per ann. ob . all the said provost-marshals , with the entertainment due unto them respectively , to cease post mortem , or other determinations of their grants . constables .   l. s. d. q. the constable of dublincastle , for his entertainment at l. per ann.   the porter of dublin-castle at d. per diem , per ann .   the constable of limerickcastle , for his entertainment , at l. per ann . and a porter at d. ob q. per diem , per ann . ob . the constable of athlone-castle , for his entertainment , at l. s. d. per ann , and a porter at d. ob q. per diem , per ann . ob . the constable of roscomon-castle , for his entertainment , at s. d. per diem .   the constable of carrickfergus , for his entertainment , at s. d. per diem , per ann .     ob . the master of the ordnance , with other officers thereunto belonging , and train of artillery .   l. s. d. the master of the ordnance , for himself at s. d. per diem ; a lieutenant at ● . d. per diem ; a cornet ● d. and horsemen at s. the piece per diem , per an . the lieutenant of the ordnance , at s. per diem , per an to cease after the death of albert cunningham , now patentee , or other determination of his grant.   l. s. d. the ingineer , overseer , surveyor , and director-general of his majesties fortifications , &c. at s. per diem , per annum to cease after the death of captain iohn payne and capt. iohn ha●●am , now patentees , or other determinations of their grant.   l. s. d. captain hugh magill , comptroller of the ordnance , for his fee , at s. per diem , and for an allowance of s. per diem for his clerk , both per annum .   sundry ministers belonging to the ordnance , viz. in lemster .   l. s. d. a master-gunner at s. per diem , his mate at s. d. per diem ; six gunners for the train , at s. d. each per diem ; one gentleman of the ordnance at s. per diem ; clerk of the ordnance and stores at dublin at s. per diem , his clerk at s. per diem ; gunsmith , blacksmith , carpenter and wheeler , at s. d. per diem each , armorer , cutler , cooper , at d. each per diem ; six matrosses at d. each per diem ; three waggoners at d. each per diem ; at duncannon , a clerk of the stores s. d. per diem , a gunner at s. per diem , a matross , at d. per diem ; at passage , a gunners-mate at d. per diem ; making per annum connavght .   l. s. d. at athlone , a clerk of the stores at s. d. per diem ; a gunner at s. per diem ; a matross at d. per diem . galloway , a clerk of the stores at s. d. per diem ; a gunner at s. per diem ; a matross at d. per diem . at sligo , a gunner at s. per diem ; isle of arran , a gunner at s. per diem ; innisbussin , a gunner at s. per diem ; making per annum , mvnster .   l. s. d. waterford , a gunner , at s. per diem ; a matross at d. per diem . limerick , a clerk of the stores at s. d. per diem ; a gunner at s. per diem ; a matross at d. per diem . cork , clerk of the stores at s. d. per diem ; a gunner at s. per diem ; a matross at d. per diem . at halvowling , a gunners-mate d. per diem ; youghall , a gunner , at s. per diem ; kingsale , a gunner , at s. per diem ; at the block-house , a gun-ners-mate , at d. per diem ; at crook-haven , a gunner , at s. per diem ; at innisherkin , a gunners mate , at d. per diem ; valentia , a gunner , at s per diem ; in all per annum .   vlster .   l. s. d. londonderry , a clerk of the stores , at s. d. per diem ; a gunner at s. per diem ; a matross , at d. per diem . at culmore , a gunners-mate at d. per diem . at carrickfergus , a clerk of the stores , at s. d. per diem ; a gunner at s. ; a matross at d. per diem . in all , per annum . horse .   l. s. d. the king's guard of horse consisting of a captain at ● l. s. each calendar month ; a lieutenant at l. s. ; a cornet at l. s. ; a quartermaster at l. s. ; six corporals at l s. each ; two of the king's trumpets at l. s. each ; four more of the king's trumpets , and a kettle drum at l. s. each , besides their standing-allowances in the civil list : a sadler , farrier , and armorer , at l. s. each ; and horsemen at l. s. each making in all per mens . l. s. which amounts for the whole pay of the said guard per an. unto   the lord lieutenant's troop , consisting of a captain at l. s. each calendar month ; a lieutenant at l. s. and a cornet at l. s. ; a quarter-master at l. three corporals and two trumpets more at l. s. each ; and fifty private horsemen at l. s. each ; making in all per mens . l. s. which amounts for the whole pay of the said troop per an . unto   five troops more belonging to the general officers , viz. to the lieutenant general of the army , the serjeant major general of the army , the lord president of connaught , the commissary general of the horse , and the scoutmaster-general of the army , each troop consisting of a captain at l. s. each calendar month , a lieutenant at l. s. a cornet at l. s. a quartermaster at l. three corporals , and two trumpets at l. s. each , and private horsemen , at l. . s. each making in all per mensem for each troop , l. s. which amounts for the whole pay of the said five troops per annum unto         twenty three troops , which consisting of the like officers , and forty five private horsemen , making in all per mensem to each troop l. which amounts for the whole pay of the said twenty three troops per annum unto     foot   l. s. d. the lord lieutenant's company , consisting of a captain at l. s. each callendar month. a lieutenant at l. s. an ensign at l. s. two serjean●s at l. s. each ; three corporals and two drums at l. s. each , and one hundred private footmen ●t s. each , making in all per mensem l. s. which amounts for the whole pay of the said company per annum unto fifty nine companies more , each consisting of a captain at l. s. each calender month , a lieutenant at l. s. an ensign at l. s. two serjeants at l. s. each ; three corporals , and one drummer at l. s. each , and sixty private footmen at s. each , making in all per mensem for each company l. s. which amounts for the whole pay of the said fifty nine companies per annum unto a ward at sligo under the command of major robert e●geworth consisting of two serjeants at l s. each , every calender month ; three corporals , and one drummont l. s each and sixty private footmen , a s. each ; making in all per mensem l. s. which amounts per annum unto       regiment of guards .   l. s. d. the royal regiment of guards , consisting of twelve companies , viz. a colonel as colonel and captain at l. per mensem a lieutenant-colonel , and captain at l. per mensem . a major and captain at l. s. nine captains more at l. s. each ; twelve lieutenants at l. s. each ; twelve ensignes at l. s. each ; forty serjeants at l. s. each ; thirty six corporals at l. s. each ; drum-major at l. s. twenty four drummers at l. s. each ; a piper to the kings company at l. s. twelve hundred soldiers at l. s. . d. each ; a chaplain at l. s. d. an adjutant , quarter-master , and chyrurgeon at l. s. each , and chirurgeons mate at l. s. making in all per mens . at days to the month l. . . which amounts unto per annum temporary payments .   l. s. d. sir henry titchburn , knight , marshall of ireland , to cease post-mortem or other determination of his grant.   l. s. d. sir theophilus iones , scout-master general of the army , for his entertainment at s. d. per diem , and for an encrease of his entertainment at l. per annum making in all to cease post-mortem or other determination of his grant.   l. s. d. sir george lane knight , for his entertainment as secretary at war to his majesty , at l. per diem for himself , and s. per diem for his clerk per annum to cease post-mortem , or other determination of his grant.   l. s. d. captain richard st. george the pay of a captain of foot towards his maintenance during his life being l. s. per mensem ; per annum   arthur earl of donnegall for his entertainmont at s. d. per diem for himself and for nine horsemen at d. each per diem during his life , by vertue of a grant thereof , dated the last of iuly in the th . year of king iames , per ann . the mayor of the city of dublin for his entertainment at s. per diem       particular governours .   l. s. d. the governour of the county of clare for his fee at s. per diem ; per annum   the governour of the castle of dublin for his fee l. per diem ; per annum     the governour of the fort of sligo for his fee at s. per diem ; per annum   the governour of the fort of halbolling for his fee at s. per diem ; per annum   the constable of hilsboro●gh at s. d. per diem ; per annum these temporary payments to cease post mortem , or other determination of the said grants , except that of the halboling .   l. s. d. sum total of the payments aforesaid upon the military list amounts unto per ann . ob . by his majesties command arlington . a catalogue of the peers . duke of ormond duke of leinster marquess of antrim earls kildare thomond cork desmond barrymore meath ossory roscommon londonderry donnigall arran conaway carberry ardglass rannalagh cavan inchiquin clancarty orrery mamtroth drogheda waterford mount-alexander down longford tyrone bellomont . clanrickard castlehaven westmeath fing all castlemaine carlingford viscounts . grandison wilmot losius of fly swords kilmurry valentia mareborough castleton chaworth sligo waterford strangford tuam cashell carlo cullen shannon mazareene dromoor dungarvan dungannon kells fitzharding clare charlemount powerscourt blesington granard lansborough ross. castalo merrion fairfax fitz williams gormanston rathcoole barefore brucher galmoy kingsland mountgarret douth evagh killmallock ikernie glanmalegra claine downe trazey . archbishopricks and bishopricks in ireland . archbishoprick of armagh — dublin — cashells archbishop . of tuam bishoprick of — — meath — kildore — vvaterford — clonfert — elphin — fernes & laghlin — clogher — dromore — ossory — derry — down — killallow — cork — limerick — cloyne — killalla — rapho — kilmore barons . kingsale kerry hoath mountjoy folliot maynard dundalk digby lifford herbert lochlin colraine leitrim donamore blare killard kingston colooney sautrey lough glawnalley castle-steward atheury cashir baltimore strabane slane trimleston dunscany dunboyne vpper ossery castle-comell brittas a list of those places that return parliament men in ireland leinster . county of catherlough burrough of catherlough b. of old-leighlen county of dublin city of dublin university of dublin bur. of newcastle b. of swords village de drogheda county of killkenny bur. of callen b. of thomas-town b of gowrin b. of kells b. of emisteogue b. of knoctopher b. of st. kennis city of kilk●nny county of kildare bur. of kildare b. of nass b. of athy com. regis bur. of phillipps-town b. of byrr b of banagher county of meath bur. of trim b. of kells b. of navan b. of athbuy b. of duleeke b. of ratooth com. regine bur. of bellakill b. of marlborough port arlinton county of westmeath bur. of athlone b. of fower b. of kilbegan b. of mullingar county of wicklow bur. of wicklow b. of carisford b. of baltinglass county of wexford town of wexford town of ross bur. of eniscourthy b. of featherd b. of bannow b. of cloghmaine b. of arkloe b. of taughman b. of newburrough county of longford burrough of lanisborough county of louth bur. of dundalke b. of arthdee b. of carlingford munster . county of cork city of cork burrough of mallow b. of baltimore b. of clognekilty b. of bandonbridge b. of kingfaile b. of youghall county of clare bur. of insh county of kerry bur. of traly b. of dinglecough b. of ardsart county of limerick city of limerick bur. of kilmallock b. of askaton county of tipperary town of tipperary bur. of clonmell b. of feathard town of cashell b. of thurles county of waterford city of waterford bur. of dungarvan b. of lismore b. of tallow ulster . county of armagh burrough of armagh b. of charlemont connty of antrim bur. of belfast b. of carickfergus b. of lisborne b. of antrim county of cavan bur. of cavan b. of bellturbet . co●nty of down bur. of down b of newtown b. of newry ballkillaleagh b. of bangor b. of hilsburough county of donnegal bur. of lisford b. of ballishannon b. of kilbegs b. of donnigall bur. of st. john's town county of farmanaugh bur. of inniskilling county of londonderry city of londonderry . bur. of colerain b. of lanmevaddy county of monaghan bur. of monaghan county of tyrone ●ur . of donnegall ●own of clogher 〈◊〉 of agber ●●● . of strabaine connaught . ●●ounty of galloway ●ur . of galloway ●● of athenry ● . of tuam ●ounty of leitrim ●●r . of james-town bur. of carickdrumrusk county of mayo bur. of castle-bar county of roscomon bur. of roscomon b. of tulsk county of sligo bur. of sligo the whole number . . verbum sapienti . the introduction . vvhereas many are forced to pay / of their whole estates towards the raising of but l. per mensem , besides what they pay more insensibly and directly , as customs , excise , chimny-money , &c. ( viz. in london , they pay d. per mensem per pound rent , that is s. per annum , or / of the whole . ) it must come to pass , that the same persons must from christmas , . pay ⅓ of their whole estates , if the war with holland continue two years longer● at the value of the last years expence , provided his majesty be kept out of debt . . but if the publick charge were laid proportionably , no man need pay above / of his whole effects , even in case the tax should rise to l. per mensem , which god forbid . . that is to say , according to the present ways , some pay four times as much more as they ought , or needed ; which disproportion is the true and proper grievance of taxes , and which must be felt when the tax happens to be great and extraordinary : whereas by meer method and proportion , the same may be corrected as aforesaid ; and withal , just accounts might be kept of the people , with the respective increases and decreases of them , their wealth , and foreign trade . chap. i. containing several computations of the wealth of the kingdom . . there are of men , women , and children , in england and wales , about six millions , whose expence at l. s. d. per annum , or near ½ d. per diem , for food , housing , cloaths , and all other necessaries , amount to millions , per annum . . there are in england and wales , of acres of land ( worth l. s. d. per acre , and years purchase ) millions , that is , which yields millions per annum rent , and which are worth millions to be sold. . there be houses within the liberties of the city of london , worth l. per annum , and twelve years purchase ( viz. which yield , l. per annum , and are worth , l. there are without the liberties , but within the bills of ●ortality ¼ more in number , perhaps not of greater value , viz. , l. . there is in all england and vvales near ten times as many chimneys as within the liberties of london , as appears by the returns ; whereof those within the bills are ⅓ of the whole . . 't is probable , that the housing of all the cities and market-towns , are double in number to those of all london , though of no more worth . . 't is also probable , that the housing without the cities and towns , are more in number than those within ( london excepted ) but of no more value . . so as the housing of england may be estimated worth millions ; and that if their values be estimated by chimneys , those of london are worth d. per chimney ; those in the suburbs d. other cities and market-towns d. and those without both , about d. . the shipping of england , &c. is about tuns , which at d. per tun , including their ordnance , apparel , &c. is worth three millions . . the stock of cattel on the aforementioned millions of land , and the waste thereunto belonging , is worth ¼ of the said land , viz. millions comprehending horses , oxen , sheep , swine , deer , fisheries , parks and warrens . . the coined gold and silver of the kingdom , is scarce worth six millions . the wares , merchandizes , and utensils of plate , and furnitures , may be estimated at millions to make the ships and money . and the whole millions . . the most uncertain part of this estimate , seems to be rating personal estates at above millions , which i make probable thus . ( ) first it is not unlikely that what is contained in all the shops , warehouses , cellars , barns , and graineries , together with household furniture , cloaths , ornaments , &c. should be less worth than housing it self that contains them . ( ) if the value of all the cattel , viz. millions , were added to the personal estates , making together ; both will not make up ¾ years provision for the whole nation , whose expence we estimated at millions per annum ; and poorer than so , we hope it is not . ( . ) i find by the particular estimate of the values of all the plate , lead , iron , copper and tin , and of all the timber , planks , and woods , and of all silks , linnen , and callicoes ; of all clothes , stuffs , and leathers ; of all grains , and salts , and of all wines , oyles , and other liquids ; of all grocery and spicery , and drugs ; of jewels , and hangings , beds , and other ornaments , ( too troublesome to particularize ) that this general account may stand . ( . ) the city of london being commonly esteemed and rated at the th part of the whole , which we reckon at millions , that is ⅔ . i think the sum may be well made up by reckoning ⅙ millions for the housing as aforesaid , and ½ for the shipping ( half the shipping of the nation belonging to london ) and about the double of the value of the housing for what is contained in them . the which upon considering many several houses , i find not unreasonable . ( lastly , ) supposing that in the houses within the liberties of london ( worth millions ) there be millions worth of goods ; i conceive that to allow about as much more , viz. millions ) to all the rest of the houses in the kingdom , which are ten times as many as aforesaid , will not overcharge them . . now if the land worth millions , yield millions per annum , the other estate converted into the like species must yield / more ; but because money and other personal estates yield more per annum than land ; ( that is ) doubles it self under years purchase at l. per centum , then instead of / , suppose it to yield , making the whole annual proceed . chap. ii. of the value of the people . now if the annual proceed of the stock , or wealth of the nation , yields but millions , and the expence be . then the labour of the people must furnish the other ; which may be done , if but half of them , viz. millions earned but l. s. d. per annum , which is done at d. per diem , abating the sundays , and half as many other days for accidents as holy days , sickness , recreations , &c. . if ⅙ of these millions earned but d. per diem ; another ⅙ d. another ⅙ d. per diem , another d. and another d. the medium will be this , d. per diem . . whereas the stock of the kingdom , yielding but millions of proceed , is worth millions ; then the people who yield , are worth ⅔ millions . for although the individiums of mankind be reckoned at about years purchase ; the species of them is worth as many as land , being in its nature as perpetual , for ought we know . . if millions of people be worth millions of pounds sterling , then each head is worth l. or each of the millions of workers is worth l. which is years purchase , at about d. per diem ; nor is superlucration above his subsistence to be reckoned in this case . . from whence it follows , that , , persons dying of the plague , above the ordinary number , is near millions loss to the kingdom ; and consequently how well might , l. have been bestowed in preventing this centuple loss ? . we said , that the late mortality by the pest , is a great loss to the kingdom ; whereas some think it but a seasonable discharge of its pestilent humours : to clear which difficulty , i say , . if the plague discerned well , between the well and the ill-affected to peace and obedience , or between the bees and the drones , the fact would determine the question : but if it destroy promiscuously , the loss is proportionable to the benefit we have by them that survive ; for 't is they that make england worth above millions , as aforesaid : it being certain , that if one person only had escaped : the whole territory , and all that is in it , had been worth but a livelihood for that one ; and he subject to be a prey to the next two that should invade him . . it seems reasonable , that what we call the wealth , stock , or provision of the nation , being the effect of the former or past labour , should not be conceived to differ from efficiencies in being , but should be rated alike , and contribute alike to the common necessities : and then of all and every summ to be raised , the land and stock must pay parts ; and the people considered without any estate at all , more ; the whole into divided . . if the expence of the nation be millions ; it seems but the same hardship to set apart . viz. / of the whole for the publick use , as what now lies upon many already : but millions would afford one for the ordinary expence , and three for the extraordinary wars , that is l. per mensem ; that is ½ as much as . for the raising whereof , many now pay above a / of their whole estates , for want of method and proportion . . labouring men work hours per diem , and make meals per week , viz. a day for working-days , and two on sundays ; whereby it is plain , that if they could fast on fryday nights , and dine in one hour and an half , whereas they take two , from eleven to one ; thereby this working / more , and spending / less , the / abovementioned might be raised , at least with more ease , than to take up arms , and resist it . chap. iii. of the several expences of the kingdom , and its revenues . . the ordinary expence of the kingdom for the navy , ordnance , garisons , land-forces , tangier , iamaica , bombay , ambassadors , pensions , intelligence , kings and royal families expence , consisting of the houshold , of the king , queen , duke , &c. privy-purse , wardrobe , robes , angel-gold , master of the horse , mews , armory , tents , parks , lodges , goldsmiths , jewels , &c. hath been computed to be about one million ; reckoning l. for the navy , for the ordnance and powder , for land-forces , garisons , &c. and for other things . . towards this , there is in crown-lands , post-office , coynage and pre-emption of tinn , forest of deer , courts of justice , first fruits ; in all , . customs at per centum . in all . without the duties of wares , wine-licence , aulnage or butlerage , excise , chimney-money , land-tax , pole and assesments , being regulated and proportionated as followeth : viz. chap. iv. of the method of apportioning taxes . . if a million is to be raised above the l. last mentioned , then l. is to be levied on the stock , and l. on the people . of the , . on the stock , on the lands , on the cattel , &c. on the personal estates , on the housing . in all   . to raise , l. out of , , m. rent , requires / of the rent , and / of / ; but allowing the charge of collecting , we may express it to a / ● part . . to raise l. per annum , out of , m. requires the annual payment of a th part of the whole value ; but in regard of charges , let it be reduced to a th part . . the like for the l. of personal estates . . to raise l. per annum , from all the housing worth millions , or for the housing in london-liberties , worth about millions , and whose rent is , l. per annum , requires but / of the annual rent , which cannot be above d. a chimney per annum , reckoning to each house . without the liberties , about d. the chimney will effect the same ; d. in the cities and market-towns , and d. elsewhere . . as for the , l. to be raised by the people , it requires but s. d. per pole per annum , which let rather be divided into a pole of d. a head , and an excise of d. which is not the full / part of the mean expence , l. s. d. so as the / of the value of consumptions , will with the said d ▪ pole , raise , l. per annum . chap. v. of money ; and how much is necessary to drive the trade of the nation . . it may be asked , if there were occasion to raise millions per annum , whether the same millions ( which we hope we have ) would suffice for such revolutions and circulations thereof as trade requires ? i answer yes ; for the expence being millions , if the revolutions were in such short circles , viz. weekly , as happens among poor artizans and labourers , who receive and pay every saturday , then / parts of million of money would answer those ends : but if the circles be quarterly , according to our custom of paying rent , and gathering taxes , then millions were requisite . wherefore supposing payments in general to be of a mixt circle between one week and . then add millions to / , the half of the which will be ⅓ , so as if we have ½ millions , we have enough . . and thus i have shewed , that if one half of the subjects of england ( playing days in the year ) will earn d. per diem all the rest of the days one with another ; and if they would work / more , and spend / less , they might enable their king to maintain double the forces he now doth , without suffering in the general more than many well affected persons do now through negligence , or mistakes in their particulars . nor is money wanting to answer all the ends of a well policed state , notwithstanding the great decreases thereof , which have happened within these twenty years . nor were it hard to substitute in the place of money ( were a competency of it wanting ) what should be equivalent unto it . for money is but the fat of the body-politick , whereof too much doth as often hinder its agility , as too little makes it sick . 't is true , that as fat lubricates the motion of the muscles , feeds in want of victuals , fills up uneven cavities , and beautifies the body ; so doth money in the state quicken its action , feeds from abroad in time of dearth at home ; evens accounts by reason of it's divisibility , and beautifies the whole , altho more especially the particular persons that have it in plenty . chap. vi. the causes of irregular taxing . . the causes of error in this great affair of publick levies , have been these . first , laying too great a stress on the matter of money , which is to the whole effect of the kingdom but as to . that is , not one to . secondly , laying the whole burthen on the past effects , and neglecting the present efficiencies , exceeding the former as doth . thirdly , reckoning all the personal estates of the city of london ( shipping included ) at scarce ½ the value of the very housing , whereas they are double : which happens because the housing of london belongs to the church , companies , or gentlemen , and are taxed by the citizens their tenants . fourthly , a fallacious tenderness towards the poor , ( who now pay scarce s. per head per ann . towards all manner of charges ) interwoven with the cruelty of not providing them work , and indulging laziness in them , because of our own indisposition to employ them ; so some are overcharged through evil custom , and others left to sordid want , and bruitish irregularity . fifthly , an opinion , that certainty of rules is impossible , and but an idle notion ; and then having made such as are not so , and training them to be applied by affection and humour ; so as ¼ of the whole paying needlesly four times too much , may be thereby so netled , as to do more mischief than the other unconcerned , and thankless ¾ can allay . chap. vii . the collateral advantages of these taxes . . besides the equality of taxes , we make this further use of trying it by way of customs , poles , excises , chimney-money , land-tax , and assesments upon the personal estates , viz. ( . ) of the customs , which we reduce from / to / , to keep an account of foreign ▪ trade , and of its balance ; for by levying , a duty , and encreasing the penalty , these accounts will be less obscured . ( . ) the simple and universal pole keeps an account of the great wealth and strength of the kingdom , the people . ( . ) rating the houses per chimney , gives a good account of improvements and dilapidations . ( . ) excize gives an account of domestick expences , and publisheth exorbitances . ( . ) land-taxes keep the payments to the proportion of entire value , not of annual rent : so as an estate in housing pays no more than if it were in lands , nor considerable less than goods , and may bring mortgages to their just contribution ; many lenders not being so formidable for their money , as some have thought them . ( . ) assessments upon personal estates ( if given in as elsewhere upon oath ) would bring that branch which of it self is most dark , to a sufficient clearness . . there is also a pole upon titles and dignities worth consideration , tho we now omit it ; which as it may check mens forwardness to undeserved pre-eminence , so it may be employed in the encouragement of true worth . . we have hitherto computed the old immutable revenue at but , l. per annum , nor supposed above , l. ( viz. less than ½ what it is at present ) to be raised by customs ( wholly neglecting wards , butlerage , aulnage , and other obsolete imposts . ) we have also designed the several proportions towards the raising of a million more per ann. to be raised by the pole , excise , land-tax , assessments and chimneys . chap. viii . of the expence of the navy , army , and garisons . we come next to shew , that if millions per ann . or , l. per mensem ( to make up the whole , , l. per ann . ) were raised , what might be performed thereby for the safety , establishment , and honour both of the king and subject . unto which , i say , considering the present condition of the navy , two millions will maintain , men , in ships of war for eight months of the year , and for the other four months : which i take to be near double the best fleet we ever have seen in europe , computing the ordnance , and harbor-charges of the navy : nor will the maintenance of , foot , and , horse , allowing , l. for inland garisons , and , l. for tangier , &c. put all together , exceed , l. so as there remains , l. for other matters , whereof his majesty's royal family , by all the accounts i have seen , doth not spend , l. per ann . nor need the charge of all those levies be above of the , ( viz. 〈◊〉 part for the officers , without ever going five miles from the centre of their abode ) who might perform this work ; nor would more than l. per an . for each of them , and their under instruments be necessary for their respective sallaries : for there are areots of miles square in england and wales . chap. ix . motives to the quiet bearing of extraordinary taxes . having shewed how great and glorious things may be done with no less difficulty than what ¼ of the king's subjects do already endure ; i offer these further reasons to quiet mens minds , in case this utmost , l. per mensem should be ever demanded upon this holland-war . . that of all naval expence , not / is ●or forreign commodities , nor need it be ●f , if the people would do their part , and the governours direct them the nearest ways . . that stoppage of trade is considerable , but as one to eight ; for we exchange not above five millions worth per ann . for our . . that the expence of the king , &c. being about , l. per ann . is but / part of the expence of the nation , who all have the pleasure and honour of it . . that the money of the nation being but about millions and ½ , and the earning of the same ; it is not difficult for them to encrease their money a million per ann . by an easie advance of their industry , applyed to such manufactures as will fetch money from abroad . . the wealth of england lies in land and people , so as they make five parts of six of the whole : but the wealth of holland lies more in money , housing , shipping and wares . now supposing england three-times as rich as holland in land , and people ( as it is ) and holland twice as rich as we in other particulars ( as it scarce is ) ; we are still upon the balance of the whole near twice as rich as they : of which i wish those that understand holland , would consider and calculate . . there are in england above four acres of arrable , meadow and pasture-land , for every soul in it ; and those so fertile , as that the labour of one man in tilling them , is sufficient to get a bare livelihood for above : so as 't is for want of discipline that any poverty appears in england , and that any are hanged or starved upon that account . chap. x. how to employ the people , and the end thereof . we said , that half the people by a very gentle labour , might much enrich the kingdom , and advance its honour , by setting apart largely for publick uses ; but the difficulty is , upon what shall they employ themselves . to which i answer in general , upon producing food and necessaries for the whole people of the land , by few hands ; whether by labouring harder , or by the introducing the compendium , and facilitations of art , which is equivalent to what men vainly hoped from polygamy . for as much as he that can do the work of five men by one , effects the same as the begetting four adult workmen . nor is such advantage worth fewer years purchase than that of lands , or what we esteem likest to perpetual . now the making necessaries cheap , by the means aforesaid , and not by raising more of them than can be spent whilst they are good , will necessitate others to buy them with much labour of other kinds . for if one man could raise corn enough for the whole , better than any one man ; then that man would have the natural monopoly of corn , and could exact more labour for it in exchange , than if ten others raised ten times as much corn as is necessary ; which would make other labour so much the dearer , as men were less under the need of engaging upon it . . by this way we might recover our lost cloth-trade , which by the same the dutch got from us . by this way the east-indians furnish us from the other end of the world with linnen cheaper than our selves can make them , with what grows at our own doors . by this means we might fetch flax from france , and yet furnish them with linnen ( that is ) if we make no more than we can vend , but so much with the fewest hands , and cheapest food , which will be when food also is raised , by fewer hands than elsewhere . . i answer generally we should employ our selves by raising such commodities , as would yield and fetch in money from abroad : for that would supply any wants of ours from the same , or any other place at all times . which stores of domestick commodities could not effect , whose value is to call a temporary ( i. e. ) which are of value but pro hic & nunc . . but when should we rest from this great industry ? i answer , when we have certainly more money than any of our neighbour states , ( though never so little ) both in arithmetrical and geometrical proportion ( i. e. ) when we have more years provision aforehand , and more present effects . . what then should we busie our selves about ? i answer , in ratiocinations upon the works and will of god , to be supported not only by the indolency , but also by the pleasure of the body ; and not only by the tranquility , but serenity of the mind ; and this exercise is the natural end of man in this world , and that which best disposeth him for his spiritual happiness in that other which is to come . the motions of the mind being the quickest of all others , afford most variety , wherein is the very form and being of pleasure ; and by how much the more we have of this pleasure , by so much the more we are capable of it even ad infinitum . finis . notes, typically marginal, from the original text notes for div a -e for all their pay and hazard . by sir john bodly . the court of exchequer . the court of kings bench. the court of chancery . the court of chancery . the court of common-pleas . star-chamber . officers attending the state. charge of circuits . incidents . besides impost of wines . provincial officers . 〈◊〉 waxford waterford and r●st . corke . kingsale . dingle , ●oush . limerick . galloway : drogheda , dundalle , and carlingsord . carricksergus . strangford newcastle , dundrum , &c. the office and officers of the excise commissioner-general of the customs and excise . commissioners of appeal . accomptants-general of the customs and excise . creation-money . perpetuities . temporary payments . pensions and annuities . commissioners of accompts and clerks allowances . payments for extraordinaries by concordatum . lord lieutenant . general officers . provinci officers . officers of the ordnance . 〈…〉 . englands wants, or, several proposals probably beneficial for england humbly offered to the consideration of all good patriots in both houses of parliament / by a true lover of his country. chamberlayne, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands wants, or, several proposals probably beneficial for england humbly offered to the consideration of all good patriots in both houses of parliament / by a true lover of his country. chamberlayne, edward, - . p. printed for jo. martyn, london : . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain. great britain -- politics and government -- - . great britain -- economic policy. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands wants : or several proposals probably beneficial for england , humbly offered to the consideration of all good patriots in both houses of parliament . by a true lover of his country . london , printed for jo. martyn , . englands wants : or , several proposals probably beneficial for england , humbly offered to the consideration of all good patriots in both houses of parliament . although the kingdom of england doth abound with many blessings , which other nations want , yet doth it want many which others enjoy . it is recorded , that an eminent foreign ambassador , after a long residence in england , sayling homeward , did cast his eye back upon this land , and said in his own language , o isola felicissima , &c. the happyest country upon the face of the earth , did it not want publick spirits amongst them . the want of publick spirits hath occasioned the want of many publick works of peity and charity , works necessary or commodious for the people , or of ornament for the kingdom . i. to supply this want , that ( by such easie wayes and means as are hereafter mentioned ) there may be raised a publick stock to be put into the hands of commissioners nominated by both houses of parliament , approved by the king , and accountable to them for the same . ii. for raising such publick stock , it is proposed first , that , according to the practice of neighbour nations , upon all such commodities as occasion either excess or luxury , wantonness , idleness , pride , or corruption of manners , there may be laid a large impost : as upon all wines , all strong drinks , tobacco , coffee , chocolatte , sugars , spices , plums , all sorts of sweet-meats , oranges , &c. upon all silks , laces , ribbons , jewels , feathers , perruques , fringes , &c. upon all fine linnens , camolets ; upon cards , dice , tables , bouls , &c. upon all coaches , chariots , litters , sedans ▪ upon all pictures , perfumes , paints for the face , &c. moreover a third part of all the gettings of comedians , ropedancers , mountebanks , lotteryes , shewes , &c. iii. that ( according to the practice of the primitive christians , whose devotion was such that they thought no testament well made , unless some considerable portion was thereby added to christs patrimony ) that no testament henceforth should be valid unless a th part of the legacies were given to these after-named publick and pious uses . iv. that for these uses there may be reserved ( as was anciently practised in the roman state ) a tenth part of the profit of all lands given by the husband to the wife , or coming from the wife to the husband , there being no issue between them alive . v. that a th part of all things recovered by law may be ( as once among the romans ) assigned for publick usses . vi. that there be paid out of all marriage portions six pence in the pound , and something proportionably paid at the death and birth of every person not living on almes . vii . that every one to be made free of a trade , or licenced to practice in law or physick may pay proportionably to these publick uses . viii . that all contracts in writing , all decrees , judgments , &c. may have a small seal on the top ( as is practised in divers other countreys ) for which a smal tax to be paid , &c. ix . that in all churches ( as in holland ) at every solemn assembly , the churchwardens with a long staff , bag and bell during the sermon , receive the charitable benevolence of the whole congregation , where every person that desires to honour god ( not onely with his soul and body , but ) with his substance ( as god commands , and the primitive christians punctually observed at their church-meetings ) throwing in but his mite , it is incredible ( by this constant course at every assembly ) to what a sum it will amount in one year . now the moneys of this publick stock may be employed in these publick uses following ; x. for building work-houses in all convenient parts of this kingdom , for making rivers navigable , for building or repairing bridges , highways , sea-banks , havens , moles , land-marks , aquaeducts for setting up poor youths after an apprentiship served ; for marrying poor maids , for relief of aged , impotent , decayed people ; for maintenance of sick and maimed souldiers ; for redemption and relief of captives and slaves in turky ; for building and repairing of churches , whereof there is great want in this kingdom , more especially in the suburbs of london , where not a fourth part of the parishioners can at once enter into their parish church , at least not well hear divine service , to the great shame of the protestant professors , who since the reformation have ( as our adversaries observe ) erected scarce one considerable solid structure for the worship of god. for repairing the mother-church of the mother-city of this kingdom , to the glory of god and honor of this nation ; for the speedy promoting whereof , both king and parliament , city and country , clergy and laity , high and low stand all engaged to lend their helping hands . for erecting in london and other great cities banks or mounts or piety , ( as have been long used in italy , in flanders and other countreys , ) whereby the intollerable oppression of publique and private brokers and pawn-takes ( that grinde the faces of the poor , scruing out of them or per cent. ) may be utterly abolisht . for erecting hospitals in london and other citys ( as there is at paris and rome ) for to receive all little infants exposed or found ; whereby many poor innocents destroyed in the womb , or at the birth , might be preserved from murder , as well as the unnatural mothers from hanging . for building of hospitals to accommodate therein all poor women ( as is done at paris ) neer the time of their travel , to enter and there to be carefully delivered , and remain afterwards till they are in a condition to return home and follow their work . for providing stipends for physicians , surgeons and apothecaries ( as at rome ) to give gratis their advice , pains , medicines and salves to poor sick or wounded people , allowed in forma pauperis to require their assistance , who otherwise perish for want of timely and due helps . for erecting colledges in london ( as is done in holland ) where old men deprived of wife and children may for a reasonable sum of money be neatly accomodated during life , with diet and lodging , and pass the rest of their days without care or trouble in a comfortable society with men of like condition and age . and the like for old women . for erecting colledges wherein virgins and widows of the protestant religion , resolving not to marry ( as the begains in holland , brabant , flanders , &c. ) may for a certain summe of money deposed , be maintained , and live in a retired vertuous and religious society ; their teaching and educating in vertue and piety the female youth of this nation ( whereof there is now more need then ever ) and such young virgin-scholars may there remain constantly till their marriage day , before which time very many by too much liberty are now corrupted and debauched : and that the said virgins and widows of the society , may ( with the forfeiture of the said money deposed , and leave of their visitor ) be free to alter their resolutions , and quit the society . for erecting in london a colledge de propaganda fide ( as our adversaries have done at rome ) for propagating the christian reformed religion amongst the americans bordering on the english plantations , ( where it is shame to this nation , that so few in the space of so many years have been converted to christianity ) and for that end to send from time to time persons fitly gifted for a work so transcendently pious : and because many excelling in the gift of preaching , being now for their nonconformity laid aside , do secretly occasion unlawful conventicles , foment schisms , and hold up the faction , and thereby hazard the disturbance of this church and state , that all they ( not dissenting from the doctrine of the english church ) may be encouraged by competent allowances out of the said publique stock , or commanded to transport themselves thither within the space of one or two years . for buying in of impropriations ( a work not only worthy of a parliament , but to the doing whereof , all the parliaments since . h. . stand obnoxious ( saith the learned bacon ) and bound in conscience to god ) whereby the church might enjoy her own again , the kings revenue much encreased by tenths and first-fruits , and the cures of all those great and populous parishes hitherto starved for want of spiritual food be duely served , and the foule guilt of that abominable sin of sacriledge taken off this nation , and off the protestant religion . provided , that no impropriator shall take above or years purchase for any impropriated tythes , as the custom usually hath been . for making some competent provision ( according to the practice of other reformed churches ) for the poor widows and orphans of clergy-men , of whom god took special care in the jewish commonwealth , the sons there being to inherit their fathers places , and the daughters to be match'd aswell as their mothers : or else , as in other christian churches , utterly to forbid marriage to all that shall be in orders . some other chargeable proposals probably beneficial to this nation , might be hereunto added by such as have made it their business to observe this and other civil governments beyond the seas ; also some other ways and means of raising moneys without grieving the people , which is the quintescence of all state-policy ; but let those be reserved for another occasion . hereafter follow divers unchargeable proposals that will require no cost or charges , but only the humble petition of the two houses of parliament , and his majesties royal assent . xi . it is an ancient maxime : interest reip. ut resua quisque bene utatur ; it is the interest of the common-wealth , that every subject should make a right use of his own estate : wherefore amongst the fundamental laws of the romans , those laws of the twelve tables , ( observed by them almost as sacredly as the two tables or ten commandments by the jews ) it is especially provided , that a guardian should be set over the person and estate , not only of mad-men , but of all prodigal persons : this law hath been derived from them to all our neighbour-nations , and enjoyed by them ever since they enjoyed civility , even to this very day . to england only this law is wanting , not that england is without such unreasonable creatures ; for it hath been observed that the english nation is naturally as much addicted to prodigality as any nation in europe ; the sad effects whereof are every day before our eyes ; wives that have brought great estates , left poor needy widows ; children of noble and illustrious families , brought to a morsel of bread , and to do base ignominious things , unworthy of their noble ancestors , and dishonourable to the very degrees of honour which their fathers purchased by their merit , and maintained by their laudable frugality . where this fore-mentioned law is in use , the prodigal person is thus defined [ is qui neque modum neque finem habet in expensis ] . any man being proved to be such is declared uncapable of managing his own estate , or of making a will , or of entring into bond , or of being a witness , &c. and thereupon a guardian is put over him and his estate , to allow him necessaries out of his own estate , and to preserve the rest to his next kindred . now the king of england hath his breve de inquirendo de idiota , and his breve de inquirendo de furioso ; and can any solid reason be produced why his majesty should not have also his breve de inquirendo de prodigo directed in like manner to the escheater of the county to be tryed by a jury of twelve men ? that so a general stop may be put to the wild expences and extravagant profuseness of all english men , and more especially ( as in spain , because the nobility is esteemed the chief and main support of monarchy ) that no noble man shall have power to waste or alienate so much of his ancestors lands as may render him uncapable of serving his prince and countrey , or to bear the port of a noble man. xii . there is another maxime [ interest reipub. ut suprema hominum testamenta rata habeantur secundum veram testatoris intentionem ] it concerns the common-wealth , that mens last wills and testaments should be ratified and executed according to the true meaning of the testator ; for this purpose was made the statute of charitable uses of q el. to provide against the imbezilling and mis-imployment of moneys and lands given to charitable uses , by giving power to the bishop and his chancellour , and to some other considerable persons , to issue out commissions for inquiring and ordering the same . nevertheless , by the neglect of some , and want of zeal in others , such commissions are seldome desired , though perhaps not hardly obtained . wherefore that by another statute it may be provided , that every bishop and his chancellour ( together with some other considerable persons , as is intimated in the fore-quoted statute ) within one year after each bishops instalment , shall upon a high penalty purchase and execute such commission throughout his diocess . xiii . that according to the institution of king edward the first , our english justinian , once every three year justices de trail baston may be commissionated to make inquisition through the realm , by the verdict of substantial juries , upon all officers , sheriffs , mayors , justices of peace , coroners , escheators , bayliffs , constables , jaylors , &c. touching their oppressions , extortions , briberies , cheatings ; touching their malegovernment and neglect of executing the good laws respectively . xiv . that the statutes of rich. . and ed. . against the sale of offices , may be revived , that so vertue and wisdom , long experience and honesty , faithfulness and loyalty , may no longer be baffled and discouraged , by seeing it self vilified , and money preponderate all worth , and thereby justice very oft sold , with divers other inconveniences . xv. that provision by a statute be made against that unchristian , and more then barbarous custom and priviledg of wreccum maris , never allowed by the imperial laws , or any neighbour nation , and once banisht out of england by an act made r. . that in case of shipwrack , though all persons perished , yet that all the goods which escaped should be carefully preserved for the owners , or next of kin , if they come within a year and a day ; onely allowing something to those that helpt to save the goods , and preserved them afterwards . xvi . that by a law the fees of lawyers may be regulated according to the moderation of other well policed countreys , where usually is given but a third or fourth part of what is expected in england . and that if any lawyer presume to take more then the fees by law allowed , he may be rendred uncapable to practice any more , and forfeit four-fold of what he hath so taken , as is provided by the civil laws . xvii . that as in the reign of edward the second , the number of attorneys was regulated and declared to be sufficient to serve this whole kingdom ; so now that the number of lawyers and attorneys may be regulated , and some things in their pleadings reformed . what a shame to our nation is it , that so many evil and rapacious lawyers should be permitted to plead in behalf of vitious persons , and of manifest oppressors , and in causes notoriously unjust ; should be permitted to make a trade not to minister justice , but to heap up riches , and devour all the fat of the land. xviii . that provision may be made to mitigate all such laws which by the change of things and times are now become over severe and rigorous , much beyond the intent of the law-makers . as that stealing to the value of d. should still be felony , whereas when that law was first made , what was then sold for d. ( which ( when the ounce of silver was but d. ) was as much as s. now ) is now sold for above s ; for in of k. h. . eight bushels of wheat was then sold but for d ; so that the man that stole but seven bushels committed but petty larceny , whereas now he that steals but a peck may be found guilty of felony ( unless the jury will forswear themselves , as commonly they do , and bring in eleven pence stoln when sometimes it is eleven shillings ) as if the life of man in our days were of a smaller and viler price then in those days . so in the time of h. . the stealing of oxen and horses were counted inter minuta furta , which lawyers call parvum latrocinium , or petty larceny . now why should the body of man , that divinae imaginis vehiculum be destroyed for trifles ? why should christians now be more cruel then the jews , or then christians in former ages ? for in the middle ages of christianity paenarum ratio in multis potius quam in sanguine & necesita fuit . they them allowed a compensation even for killing of a man called wergeld , quasi viri moneta sive praetium , which was with great justice paid partly to the king for the loss of his subject , and partly to the lord whose vassal the slain party was , but especially to the next kindred of the person slain ; and this custom seemed to derive it self from moses law. exod. . . our ancestors in this kingdom before they were christians had this custom , then thinking it against reason , that when one man was killed , and the king thereby had lost a subject , that another should be put to death , and so the king lose another subject , and the kindred of the slain no way recompensed for their loss , as now is used : and after they were converted to christianity , and did believe that penitent christians went to heaven , they thought it more against reason , when a man was slain , to send the penitent man-slayer forthwith from this miserable world to a place of everlasting bliss , but rather that he should by a corporal or pecuniary mulct be made miserable in this life , it being much more suitable to the ends of government , that a criminal should live in perpetual ignominy , slavery or misery , rather then be taken quite away , because a living condemned wretched criminal will be a spectacle in others eyes , will in time be convinced of his crime , will justifie his judg , and continually repent his own folly . and therefore , even since the norman conquest for treason , or foul felonies , the guilty were oft condemned to have their eyes pulled forth , or their testicles cut out , that there might be no more of the breed , or else that their hands or feet should be chopt off , that so each foul felon might remain truncus vivus as a living monument of his felonious fact , for deterring others , and have time to bewail his own sins and misery : but because in england too much severity is used against theft , and yet not enough to restrain it sufficiently ; and because the wisdom of prevention is better then the wisdom of remedy ; xix . that to prevent thievery , the like course may be taken in england which is used in holland , especially in that most populous city of amsterdam , where ( as god commanded the jews deut. . . ) non est indigens , nec mendicus inter illos , & benedicit illis dominus : there is not a beggar amongst so many hundred thousand : to effect which they do three things , they take especial order that all youth be bred up , not onely in the knowledge of god , but of some trade or profession : they provide work for all sorts of people ; and thirdly , they compel all such as are not willing to work . by this policy , in holland it is rate to see an execution for robbery ; and yet if a man could but see at once all the criminals , young and old , male and female that have been hanged in england in one year onely for stealing ; what horror and amazement it would strike , and how would a hollander justly blame the policy of this state , for non minus turpia sunt principi multa supplicia , quam medico multa funera . xx. that for redressing those high crimes ( so accounted by all gods people heretofore , though now in england little conscience is made thereof ) of wilfully robbing god or the king ; the one in his tythes , and the other in his tributes , customs or revenues ; it may be made absolute felony for the future , and very severe punishment inflicted , as it is now in other countreys , and was anciently in this kingdom . to cozen the king but of treasure trove was antiently ( as affirmeth glanvile and bracton ) an offence punisht with death . and of eliz. it was judged meet by the whole parliament to make it felony for any man to embezil but the worth of twenty shillings of the ammunition or victuals provided by the queen for her souldiers . xxi . that , according to the law of god , according to christian clemency , gentleness and mercy , according to the laws of other christian states , and according to the antient laws and customs of this state ; no person hereafter may for any new debt be cast in prison , but rather that his estate may be seized , and the person left at liberty to work himself out of debt by his industry , trade or profession : to which end , if creditors did proceed onely by summons , after which legally served at the debtors house , and no appearance made , then presently proceed to have a judgement against the debtor , as if he had appeared , and then to execution ; and thereupon , to seize not his person but estate ; and in case he hath no estate , yet to forbear , till by his industry he hath gotten somewhat : for imprisonment is not only too severe a punishment of the body , a torment of the mind , a dying daily , a loss of reputation , and alienation of friends , a separation from wife and children ▪ and a great occasion of being ever after debaucht and dishonest ; but it is also clearly against the creditors profit and advantage ; for the debtor being cast in prison , must there lie at much more charges then at home , and yet find less opportunity to work or earn any thing , which makes him commonly hold faster what is in his hands , which else he would have parted with towards the satisfaction of his debts , and endeavoured by his work or trade to have maintained himself and family . besides , by imprisoning the body of a debtor , the state loseth a member , which at liberty , or compelled to work , might be of some use . xxii . that some provision be made ( according as is excellently provided by the civil law ) against that unchristian custome of arresting the body of a deceased debtor , or of any his relations , whilest they accompany the body to the grave . also against that vexatious and superstitious custome of stopping any dead body in its passage through any town or lordship , and demanding some fee or toll for the same , before the body pass further on . xxiii . that the admiralty , and all ecclesiastical and civil law courts may enjoy their due jurisdictions , that those jurisdictions may be declared and known , that so no man ( when he hath brought his suit almost to a tryal ) may by a prohibition be constrained to begin all again in a new court , to his horrible vexation , expences and charges . xxiv . that according to the ancient custom of this and all other christiain states , all ecclesiastical judges may have a power to proceed ex officio ; that way of enquiry being exceeding necessary for correcting of vice and sin which otherwise will daily go unpunished : insomuch that by the civil law it is called nobile judicis officium , and was never opposed but by the factious puritanical part of england , out of design to disturb the english church government ; such enquiry and proceeding ex officio without an accuser , but onely upon publick fame , strong presumption , &c. being approved by sundry examples of scripture , as well as by all canon , civil , and common laws . it is true , that by the constitutions at common law it hath not been held fit that any person should be examined upon oath against himself touching a crime , whereby his life , or any of his limbs may be endangered ; and the reason is , for fear of occasioning perjury , because most men probably would rather hazard an untrue oath , ( although no good christian ought so to do ) then either their lives or their limbs . but yet in criminal matters , not capital , handled in chancery , the oath of the party is required against himself : onely there is an accuser , and an accusation of bill of complaint , and not a meer insinuation of fame , as in the proceeding ex officio sometimes . but then it is to be considered that the complainant , to find out the truth , may stuff his bill full of lyes , because he is not sworn to the truth of the bill , as the defendant is to the truth of his answer ; and what is this less then the proceeding ex officio , when the defendant is forced in his answer ( which is alwayes upon oath ) to accuse himself . besides , in dangerous crimes against the person of the king , or peace of the kingdom , it hath alwayes been held necessary and lawful policy , to torture such persons against whom good probabilities and strong presumptions lie , to make them confess , although it be capital against themselves and others in the highest degree : and is it not of as great equity in high crimes against the king of heaven and earth , and in crimes of no less secresie , as atheism , apostacy , adultery , incest , &c. to use the means of the parties oath , especially where no capital , no corporal punishment is intended , but onely a fatherly and spiritual correcting and reforming of the party for his souls health ? moreover the proceeding ex officio , is not ( as many vainly imagine ) onely the ministring of an oath to the suspected party against himself in a cause criminal ; for there may be proceeding ex officio judicis , though , the oath be not at all urged ; nay , sometimes it may not be urged , as in case of life or limb endangered thereby . now if there should be in england no means for an ecclesiastical judg to take cognizance , nor to proceed but upon the voluntary prosecution and accusation of some party , how many execrable offences most displeasing to god almighty , scandalous to the godly , dangerous to mens inheritances , and to the souls health of the offenders ; yea , some that are the very bane of all religion and christianity , would through want of discovery , and by impunity , in a few years spread themselves over this whole church and state before any accusers will be found ? as atheism , apostacy from christianity , heresie , schisme , errors in matters of religion , sacriledge , perjury , blasphemy , subornation of perjury , swearing , polygamy , adultery , incest , and other uncleanness , drunkenness , excessive usury , symony , forgery , usurpation of the holy ministry , conventicles , ungodly libelling , and many other abuses : for who commonly are privy to such sins , but men of like humour and affection , who can never be presumed to be likely to accuse , but rather to conceal such horrid offenders ; and therefore since that power of thus proceeding was by that most pernicious over-ruling faction in the long parliament extorted from the church ; how have all those formentioned impieties , like a general deluge , overwhelmed the manners of english men ? xxv . that it may by a law be provided ( according to the practice of other well-policed states ) that an obstinate debaucht son may be punisht by the magistrate as the father shall reasonably require , and that in some certain cases , ( as is ordained by the imperial laws ) liberi a potestate patria liberati in potestatem redigantur , ut si fuerint ingrati vel insignitèr injuriosi in parentes suos , &c. xxvi . that no man , til he attain to the age of , ( according to the custom of our southern neighbours where men are sooner ripe ) may be enabled to sell or alienate his lands , considering that in england very many estates have been most foolishly spent and sold , after the age of . which by the same persons , arriving to their wits before . would have been preserved . xxvii . that ( according to the policy of william the conquerour for assuring of peace and concord ) no man of any considerable estate , who was in actual rebellion against the former or present king , may be permitted to match their sons and daughters ( as they now do ) to those of their own tribe and faction , thereby entailing non-conformity and faction , and perpetuating an impious hatred against the present government of church and state. xxviii . that to take off the present continual charge of foot and horse in constant pay , and yet assure peace amongst us , that most excellent and politique law may be revived called visus franci plegii whereby all men under the degree of gentry and clergy , may stand obliged to find suretyes for their loyalty toward the king ; and those suretyes to be bound to find each man of their pledge to be forth coming within days , or else to satisfie for his offence ; and that all persons who cannot find such suretyes , may be imprisoned or banish'd . this custom was by our ancestors so highly approved , that by bracton it is called res quasi sacra quia solam personam regis respicit & introductus fuit pro pace & communi utilitate regni . and in case this should not be assented unto ; then considering that the king must necessarily be at the continual charge of armed men to bridle the proud disloyal humour of all those sons of belial , who obstinately refuse conformity to the government establisht , that they all , in all taxes may be obliged to pay double , if not to defray the whole charges , which they themselves occasion . xxix . that repeal may be made of that unnatural law of punishing the innocent in case he flie : for if a man be accused of a capital crime and perceiving the power and malice of his enemy , and the often , and corruption , and partiality of some judge , should run away for fear of the event , and afterwards be taken and brought to a legal trial , and there making it sufficiently appear that he was not guilty of the crime , is thereof acquitted ; yet shall he be by our law condemned to loose his goods . it is true , that a written law may forbid innocents to fly , but that flying , for fear of injury should ( after a man is absolved of a crime iudicially ) be taken for presumption of guilt , is contrary to the nature of a presumption , which ought to have no place after judgement given . xxx . that for the poor who are ashamed to discover their poverty , and to declare their wants , there may be yearly appointed commissioners or overseers ( according to that excellent custom in holland ) to go to their houses , and there privately to inform themselves of their necessities and condition of life , and to take care for a private relief before they are constrained to beg or do worse . xxxi . that for the great use and benefit of the poor , and the more convenient distribution of the charity of the rich , there may be ( according to the present custom of all other civilized countreys ) coyned by the king ( and not by victualers and retailers ) a sufficient quantity of farthings and half farthings , and those made of such metal that it may be no loss to the king , no profit for others to counterfeit them ; and that they may be made of such a bigness , that they may not be apt to be lost , nor yet burdensom to carry ; all which is done in divers other countreys . xxxii . that according to the wisdom of our ancestors , and the custom of the most civilized nations , some sumptuary laws may be made , whereby the great excess , especially in the inferior sort of english , may be restrained , and most degrees and orders may be discerned by their habit or port , as now in the universities and amongst the clergy is partly done . xxxiii . that as in the courts at westminster , so much more in the highest court of england ; all parliament men whilst they attend on the parliament may be obliged upon high penalties to wear a robe or vestment becoming their respective persons , and the gravity and authority of the english parliament of great counsel of england ( as all the nobility and gentry both young and old who have right to sit in the great counsel at venice , and all the roman senators did antiently and do at this day ) that so they may every where be discerned and receive their due respect , and be ashamed to be seen frequently in play-houses , dicing-houses , cockpits , taverns or houses of worse repute ; or to be night-walkers , &c. and during their attendance on parliament if they be found in such places and ways out of their robe or vestment , then to loose their wonted protection from arrests according to that saying [ god giveth his angels charge over us to keep us , whilst we are in our ways ] but out of our way ; no protection of this angels to be expected . ] let no man here object that parliament men ought rather to wear their swords , which suit not with robes or gowns , because the writ to the sheriff runs for to choose duos milites gladiis cinctos , for the meaning thereof is two knights dubbed , which in those days was done by girding on a sword : but it was ever expected , and sometimes especially commanded that they should attend on parliament a counsel of peace gladiis discincti , and their robes then will be sufficient guard for their persons as well in england , as it is now in other countreys . xxxiv . that as the coins , so the weights and measures both wet and dry may be ( according to magna charta and . edw. . ) exactly alike all over england , as it is carefully provided in other countreys . xxxv . that most , if not all eatable things exposed to sale in the market as well as in shops , may be sold by weight , ( as is done in spain ) and also may weekly or monthly be rated ( as bread in cities ) by the magistrates or officers sworn so to do . xxxvi . that , ( according to the good policy of italy ) all taverns , innes , ale-houses , victualling-houses , may be obliged to have a printed table hang publickly of the prices of all such things as they are wont or allowed to sell to guests . xxxvii . that no vintner , inn-keeper , ale-seller , victualer or malster , may in any corporation be intrusted with the execution of those laws which may any ways prejudice their profit . xxxviii . that to reduce servants to their pristine and due humility , diligence , frugality , faithfulness and obedience , a law be made that no servant shall be henceforth received into any other service without a testimonial under the hands and seals of their former master or mistris , that they are competently endowed with all those qualities forementioned . xxxix . that ( according to the excellent policy of the romans ) there may be appointed some persons of the best rank and quality , both in city and country to censores morum , for reforming of manners , to be furnisht with a power to enquire into mens lives , to take notice if any man neglect his farm , trade or profession ; and how he otherwise maintaineth himself . xl. that special provision be made for executing all our good laws enacted for the encrease of tillage , where more people may be set on work , and they rendred more strong and stout for service of their country against an enemy . and likewise the laws made for encrease of fishing , whereby more people may be fitted for sea-service , whereof this kingdom surrounded almost with the sea will ever have special occasion . xli . that according to the good policy of our ancestors , all the married nobility and gentry of england ( without special leave of his majesty to do otherwise ) may be obliged to keep house in the country , every one at his own manerium , so named , a manendo of abiding there , vt semper presto essent ad servitia regis & patriae per implenda , to be ready there to serve his king and country , and by a laudable hospitality to gain the affections and dependances of the peasantry . xlii . that according to antient canons of the church , and according to divers other reformed churches , and according to the custom of the primitive christians , no dead body may be hereafter interred in any church , especially in london , or the suburbs thereof , but either in some vault or else in the church-yard , or rather in some decent enclosed place without the city . to bury in churches is to the dead but a superstitious custom first brought in by the franciscan and dominican fryars about the year one thousand one hundred , when superstition was almost at the height , invented to get money , perswading the people that to be buried within the church , or near the high altar was more availeable to their souls : and to the living it is not onely chargeable but most unwholesome , that so many putrified carcasses should be so near under their noses all the time of their devotion . xliii . that as all clergy-men are by common law exempted from all inferior offices , as bailiff , bedel , constable , &c. to serve neither per se nec per alium , to the end that they may attend their function ; so that they may ( according to meer reason , and according to a statute . h. num . . in the unprinted parliament rolls ) be exempted from arraying and mustring of men or horse for the war : for their glebe lands , and spiritual revenues being held in pura & perpetua eleemosyna . i. e. in frank almoyne , ought by magna charta to be exempted from all such burthens . and as for their persons , they serve their countrey otherwise , and for that service ought to be counted worthy ( as well , if not better then the levites of old ) of their spiritual profits and revenues , and also worthy of the kings protection , not only for their service , but also in that they pay to the king the first years profits , and every year the tenth of all spiritual benefices . besides the clergy being by their function prohibited to wear swords , may neither serve in person , nor can be capable of any honour , as knighthood usually conferred on warriours . xliv . that as nullum tempus occurrit regi , no custom nor prescription may be pleaded to the prejudice of the king ; so also with much more reason , that no custom nor prescription may be pleaded to the prejudice of the king of kings : that all compositions or customs of paying a little money for a great tythe may be every where abrogated , and all tythes taken again in kind , or a new composition according to the present value , which is but justice and more concerns this parliament to do for the church then it concerned the parliament of eliz. to do for colledges by obliging their tenants to pay onethird part of their old rent in corn. xlv . that all lands antiently belonging to the knights , templars , hospitallers , of st. john of jerusalem , or to the order of cistercian monks , which by popish dispensation were antiently exempted from paying tythes , may de novo be obliged as all other lands in england to pay tythes ; at least all those lands given to those orders since the time they were so exempted , as by all law and justice they ought to do . xlvi . that our ecclesiastical officers , as chancellours , commissaries , officials , &c. may be in holy orders as the canonists and modern legists in the romish church , are for the most part ; that so neither the romanists on one hand , nor presbiterians on the other , may have so much reason to except against them in the matter of excommunication , as executed by lay hands : vtcunque illi non assumunt clavium potestatem sed tantummodo poenam canonis declarant & infligunt ob contumaciam . xlvii . that registers may be setled in every hundred , or in every county at least , and all lands and houses may be entred into that book , and therein all alienations to be set down in alphabetical order , and none to be authentick if not there entred , that so no man hereafter may be cheated by a premorgage or any other way , but that all men may be satisfied in what they possess , and what they may call their own . xlviii . that as among the jews whereby immediate divine appointment , the chief clergy man aaron was brother to the supream magistrate moses and the priests , and the levites were all of noble stock : and as amongst christians even here in england antiently , and at this day in forreign christian states , the chief clergy have been oft of noble and sometimes royal bloud , and the ordinary priests usually sons of the gentry , whereby they come to be more highly honoured , and their just authority better obeyed ; so now in england , that the two archbishops may be ( if possible ) of the highest , noble ( if not royal ) bloud of england , and all the bishops of noble bloud , and the inferior priests , sons of the gentry , and not ( after the example of that wicked rebel jeroboam , and our late republicans ) to make priests of the lowest of the people , whilst physick and law , professions inferior to divinity , are generally embraced by gentlemen , and sometimes by persons nobly descended , and preferred much above the divines profession . xlix . that as in the universities , all heads of colledges ( if their founders intentions were rightly observed ) and all fellows of colledges are obliged communi jure so long as they hold those places to abstain from marriage and the carnal knowledge of women , so in the church , that not only archbishops and bishops , but all others that take any ecclesiastical benefice , may by a statute be obliged so long as they hold those benefices to abstain in like manner ; and as without a dispensation no man can hold two benefices with cure of souls , so no beneficed man should take a wife without either dispensation ( in some few cases to be allowed ) or resigning his benefice . to say they cannot abstain , or shall be occasioned for want of wives to do worse ; all fellows of colledges , who commonly there pass the very heat of their youth , might with much more reason plead the same , and yet would be derided for their pains . by which abstinance the clergy would be enabled to be much more hospitable and charitable , and so better beloved , they would live with more gravity and decency , and so more feared , they might then far better attend their studies and cure of souls , and so be able to give up a better account at last . l. that , according to the good policy of q. elizabeth , the chancellours or vice-chancellours of both our universities may be obliged to deliver the king every fourth of fifth year a just , true and impartial list of all the eminent and hopeful students , especially those of the civil law , to set down punctually their names , colledges , standings and faculty , wherein they did or were likely to excel ; that so when any occasion should be to send an ambassadour abroad , the king might nominate him an associate , a secrecary or chaplain ; and when any preferment fit for persons of an accademical education should fall , the king might make choice of the person . li. that all advousons of england , not now in the crown , may be all bought in at reasonable values , and setled for ever upon the crown , that so all rectors of parishes ( as well as bishops , deans and prebends ) may have their dependance on the kings bounty onely , ( as all the clergy in some reformed churches now have ) and not on any mean , covetous , illiterate , factious , heterodox , symoniacal or sacrilegious patron ; by which one means all the english clergy would soon become loyal and orthodox , of one mind , and of one lip ; the whole english church would flourish in a perfect unity , and a beautiful uniformity , and god would then delight to dwell amongst us , lii . that ( since divers known jews are by his majesties princely clemency permitted again to inhabit in this kingdom ) some good laws ( according to the wisdom of his majesties predecessours , and the present practice of other well-policed christian dominions ) may be enacted in order both to the christians safety , and the jews salvation . it was the ancient law of england , as appears in fleta , that a christian , whether man or woman , that married with a jew , should be burnt alive . in italy , by express law of all jews ( even in those places where they are freely permitted to dwel ) are made uncapable to bear any office or dignity in the state , nor to take any degree in the university , or to be seen in publick without a distinct mark to be discerned from all christians , nor erect any new synagogues , nor circumcise any not born of a jew , nor take to wife a christian , nor impugne the christian doctrine , nor to take into their family a christian to serve as a servant , or as a nurse , nor to be admitted a witness against any christian , nor be seen abroad on the day of our saviours passion , nor to take any usury of christians . also that every saturday afternoon , they shall be obliged to send one out of each family of the jews to a christian sermon appointed for them onely , to the end that they may be converted to the christian faith , or at least be convinced of the truth informed of the reasonableness thereof , above and beyond all other religions in the world . liii . that by an act of parliament , or by a canon of the convocation , the computation of the church of england , at present erroneous and defective , may for the future be rendred more regular and perfect . for in the julian or english account , ( by reason of the no allowance made for almost eleven minutes every year since the year of christ . ) the year with all its festivals hath been brought back about ten days , and thereby caused a notable absurdity , more especially in the observation of the feast of easter , ( which for antiquity and authority yeelds not ( as learned christians affirm ) to our sunday or lords day ) for whereas by the primitive institution , after a long and hot contention between the eastern and western churches ; about the time only of observing easter , that feast was at length by decree of a general council ordered to be observed for ever on the sunday following , the first full moon after the vernal equinox , ( and not on the day of the said full moon , as the jews ever have observed their passover ) now according to the church of england , there falls sometimes two full moons between the vernal equinox and easter-day : nay , ( which is too great an absurdity to be suffered in any christian church ) two easters will sometimes be observed in one year , and none in the next . as in this very year of . one easter hath already been observed on the th of april last past , and before our church begins to write . that is to say before the of march next , there will happen another easter , viz. upon the of march next ; and then from the th of march . to the th of march . there will not any easter at all be observed in england , according to the present rule , whereby is guided the english computation . finis . charles by the grace of god, king of great britaine ... forsomuch as we and the estates of our parliament presently conveened, remembring that at the first institution of the colledge of justice ... scotland. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) charles by the grace of god, king of great britaine ... forsomuch as we and the estates of our parliament presently conveened, remembring that at the first institution of the colledge of justice ... scotland. sovereign ( - : charles i) charles i, king of england, - . broadside. r. young, [edinburgh : ] second pt. of title from text. imprint suggested by stc ( nd ed.). "given under our signet at edinburgh the twentie eight day of june, and of our reigne the ninth year. ." reproduction of original in the town house (aberdeen, scotland). charter room. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- scotland. scotland -- history -- charles i, - . scotland -- proclamations. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms charles by the grace of god , king of great britaine , france , and ireland , defender of the faith , &c. to our messengers , our sheriffs , in that part , conjunctly and severally specially constitute greeting . forsomuch as we and the estates of our parliament presently conveened , remembring that at the first institution of the colledge of justice , and divers times thereafter in parliaments ratifying the same ; our royall ancestors and estates of our realme then assembled , found the erection of that honourable consistorie , which is a biding monument of the glorie of their reignes , not onlie to be usefull for royall service , but also necessarie and profitable for the peace of this our kingdome , and to the seene good and comfort of all our subjects ; and considering that the provision allowed of before to the lords of session was no wayes sufficient for defraying of their charges ; and that through their continuall attendance , their private affaires are neglected , and great losses thereby sustained by them : therefore , and to the effect , the said senators and lords of our session , present and to come , may be more encouaged to go on , and to persist as they do , in their zeale , and affections to our service , and in faithfull ministration of justice , to the generall weale of this our realme and our lieges ; the said estates , with our speciall approbation , and gracious good-liking , have most freelie condescended , statute , and enacted , that a taxation be presently imposed upon their lands and means , which with our consent foresaid , they ordaine to be collected and payed to the effect , in maner , and at the termes following : that is to say , the duke , marquesses , earles , vicounts , lords , and commissioners of shires for the temporall estate , have granted that there shall be vplifted of everie pound land of old extent within this our kingdome pertaining to dukes , marquesses , earles , vicounts , lords , barons , freeholders , and fewers of our proper lands , the summe of ten shillings money at every one of the four tearms following , viz. the summe of ten shillings money at the feast and tearm of martinmasse next to come in this instant year of god , . the summe of other ten shillings money at the feast and tearm of martinmasse , in anno . the summe of other ten shillings money at the feast and tearm of martinmasse , . and the summe of other ten shillings money at the feast and tearme of martinmasse , . and for the spirituall men and burrowes parts of the same taxation , that there shall be uplifted of all archbishoprickes , bishoprickes , abbacies , pryories , and other inferiour benefices , and of every free burgh within this our kingdome , at every one of the foure tearms abouespecified ; the just taxation thereof , as they have been accustomed to be taxed in all time by-gone , whensoever the temporall lands of this our kingdome were stented to tenne shillings the pound land of old extent . and for inbringing the tearms payment of our burrowes parts of the same taxation , our other letters are direct , charging the provest , and bayliffs of each burgh to make payment of the taxt and stent thereof to collector generall , appointed for receiving of the same taxation , or to his deputs & officers in his name , having his power to receive the same , at the feast & tearm of martinmas , in the year of god one thousand six hundred thirtie years , under the pain of rebellion & putting of them to our horn : for whose reliefe , our will is , and we charge you straitly and command , that incontinent these our letters seene , yee passe , and in our name and authoritie command and charge the councell of that our burgh of to conveene with you the said provest and bayliffs , and elect certaine persons to stent their neighbours ; and the same election being made , that ye charge the persons elected to accept the charge upon them , in setting of the said stent upon the inhabitants of that our said burgh : and to conveene and set the same , and to make a stent roll thereupon as effeiris , within twentie foure hours next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horn . and if they failye , the said twentie foure hours being by-past , that ye incontinent thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . and likewise the said stent roll being made and set downe as said is , that ye in our name and authoritie command and charge the burgesses , indwellers , and inhabitants within that our burgh , to make payment of their said stent to you our said provest and bayliffs , conforme to the taxt roll to be made and given out thereupon , within three dayes next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horne . and if they failye therein , the said three dayes being by-past , that yee incontinent thereafter denounce the disobeyers our rebells , and put them to our horne , and escheat and inbring all their moveable goods to our use , for their contemption . and if need be , that ye our said provest and bayliffs poynd and distrenyie therefore , as ye shall thinke most expedient , according to justice , as ye will answer to us thereupon . the which to doe , wee commit to you conjunctly and severally , our full power , by these our letters , delivering them by you duely execute and indorsed againe to the bearer . given under our signet at edinburgh the twentie eight day of june , and of our reigne the ninth year . . per actum parliamenti . a rod for the fool's-back, or, dr. chamberlin and his proposal vindicated from the foul aspersions of a dirty, scurrilous scribler, who pretends to answer the paper of the comparison, between the doctor's proposal and mr. briscoe's. chamberlen, hugh. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a rod for the fool's-back, or, dr. chamberlin and his proposal vindicated from the foul aspersions of a dirty, scurrilous scribler, who pretends to answer the paper of the comparison, between the doctor's proposal and mr. briscoe's. chamberlen, hugh. [ ], p. printed and are to be sold by john whitlock ..., london : . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng chamberlayne, edward, - . -- england's wants. briscoe, john, fl. . taxation -- england. great britain -- economic policy. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a rod for the fool's-back , or , dr. chamberlin and his proposal vindicated , from the foul aspersions of a dirty , scurrilous scribler , who pretends to answer the paper of the comparison , between the doctor 's proposal , and mr. briscoe's . london : printed , and are to be sold by john whitlock , in stationers-court , near stationers-hall . . a rod for the fool's-back , or , dr. chamberlin and his proposal vindicated , from the foul aspersions of a dirty , scurrilous scribler , who pretends to answer the paper of the comparison , between the doctor 's proposal , and mr. briscoe's . on sight of this notable piece of confidence , or rather impudence , that this abusive fellow does present his reader withal , i thought , that both doctor chamberlin and his project , as well as the author of that paper , whom he calls pamphleteer , were utterly to be overthrown and confounded at once , with unanswerable arguments , and those quoted out of the doctor 's own books too , ay and the paper examined by every paragraph ! most certainly there is a full stop put to all the doctors proceedings now , and he must never dare to trouble mankind any more with his projects : for our most discerning scribler conceiting that he hath found out , that the author of that paper neither understood the doctors or mr. briscoes proposals , or does wilfully design to mislead his reader ; and knowing , that mr. briscoe is better emploied in publishing , &c. he therefore intends to take upon him the task , to shew how notoriously the author hath prostituted his reputation , by publishing most palpable absurdities , and no less notorious untruths . and by your good have mr. impudence , i shall tell you , that on farther scrutiny , i shall make it appear , that you are not able to perform the task you have undertaken ; but that this task is most palpably too hard for your slender abilities . i cannot tell whether you have done this with the connivance of mr. briscoe , or altogether of your own head , for that you say , he is better emploied in publishing a second edition of his most ingenious book ; ( with most incomparable additions ) such i warrant ye , as the like were never seen , heard , or understood before ; because saith he , our pamphleteer himself is forced to confess it to be such ; there 's a clincher for yenow that 's unanswerable . well sir , i 'le venture to explain the meaning of it , tho' it be without the author's leave , and thus it is . the excellency of this book , for which it is so commended , doth not consist in the twenty several proposals as he imagines , because they are all much worse and more perplexing to consider , than the doctors ; but in the management of the arguments against the present bank and lotteries , which are such destructive ways of raising money ; all which hath been already hinted at in the doctors , and others answers to books written for the said bank , which he hath more copiously handled in his own book , and therefore it was called ingenious , and may be applied to the doctor 's proposal , as well as to mr. briscoes : for besides , the doctor hath written , though not published , a compleat book , being a large manuscript on this subject , and it may be without exception equal to mr. briscoes , and therein hath fully answered all objections , and likewise hath made several proposals of greater and lesser value , all which mr. briscoe ▪ hath not only seen , but hath had some of them in his possession for two months together , and therefore knew the better how to frame his own by it . for before mr. briscoe was brought acquainted with the dr. by mr. salisbury and mr. prime , he was altogether ignorant , and wholly unacquainted with this project , or any thing like it ; but was instructed by the dr. therein , because he was recommended as a man , that might be serviceable , after which time he accompanied the dr. to a meeting of some scotch noblemen , gentlemen and merchants . but mr. briscoe always was so crafty , as to diswade the dr. from publishing any thing in print , lest the world , said he , should be too much enlightned ; and likewise he discouraged the doctor from making application to my lord rumny , or the court , for that he was confidently assured , they would never encourage any thing of this kind ; and yet at the same time was underhand , without acquainting the doctor therewith , printing this book , and hath dedicated it to the king , yet privy to all the dr's . proceedings , and joined with him in a proposal , which he undertook to bring to pass . pray now , but behold what a snake the doctor hath cherished in his bosom all this while ! but what could otherwise be expected of a stock-jobber . i can tell you just such another story of two men , who may be named r. and b. you must know then , that r. was an honest worthy gentleman , who communicated to b. a notable sharper , ( tho' unknown to be such to r. till after tryal ) a proposal , which might be advantagious , for which they must get a patent : b approves of it , and promiseth all his assistance , on which with some others , as i remember , they agree to take out a patent , but a little after , r. went out of town on his own business ; b. in the mean time gets the patent to be engrossed , and the while r. unlook'd for returns , and by chance sees this patent engrossing ; presently takes it in his hand to read ; the principal clark , or master of the office seeing that , says to r. o lord sir , we had a particular charge from b. that you of all men should not have a sight of it , and so goes to take it out of r's . hand ; nay says r. if you have a mind to go to cuffs for it , withal my heart ; but i am resolved to read it now i have it ; which he did , and saw that his name was no where mentioned , though he was and ought to have been the principal person concerned therein . and then r. having an interest in the court , immediately procured a stop to be put to it , and some other things of the like nature have been practiced by the said b. now the doctor was not altogether so wary it seems . next i shall proceed with mr. impudence by paragraph . paragraph first , i allow mr. impudence hath quoted the doctor right , but pray observe what a notable remark he hath made on the pamphleteers disingenuity , or forgetfulness in giving an account of only how l. of the doctor 's l. is to be disposed of , but says not a word of the l. the doctor hath reserved to himself . and what of all this now ? what occasion was there of mentioning of it in that place ? when as it hath been told in the doctor 's printed proposal already , and the paper being but a short abstract ; the author of it would have been altogether as impertinent as your worship , if he should have repeated any thing more of it in that place , than might serve his purpose . but of this mr. impudence shall say something more of it presently . it may be so , and i believe to as little purpose . for his second paragraph , it is also very right quoted , wherein mr. briscoe offers that the like current credit be raised on gentlemens estates of l. per annum , engaged to pay l. per annum for ever . now for the remark . why , says he , i find mr. pamphleteer , that you understand not that mr. briscoe proposes ; for whosoever peruses his , , , , proposals will find almost twenty several proposals or terms for raising money these proposals , i believe are like some fruitful bitches , that carry half a dozen whelps in their bellies at once ; and we may as well say of mr. briscoes proposals , as of hudibras his tropes . no sooner he his mouth did ope , but presently out flew a trope . i suppose if his book be more carefully perused , you may find proposal in every line , or at least a great many more then may appear at first 〈◊〉 i can't tell whether the doctor hath so many proposals ready cut and dry'd by him , tho' any man may judge his proposal may be varied many ways ; but this i know , that this one proposal alone of the doctors , is worth much more than all briscoe's numerous company of proposals , and let him invent as many more as ever he can to boot . farther he goes on , and this for ever , is no more then , that he who takes up bills of credit upon his estate , must pay l. per cent , per annum for ever , till the principal be paid , and that for ever may be in twelve months , if he pays in his money at the years end . why then mr. briscoe ought to have said , till the principal and interest be paid in , as in the case of mortgages , that are redeemable , and not have used these words for ever , which were improper in that place ; but sir , must it follow then , that the author must be blamed for his want of understanding , when mr. briscoe did not use proper and intelligible expressions ? for you allow the author hath rightly quoted him , by your repetition , and explanation of mr. briscoe's meaning . paragraph the third , but as this is a far less encouragement to the freeholder then the doctors ; so there is much more care and trouble to settle estates according to mr. briscoes rules . remark , prithee mr. pamphleteer do not you pretend to pass your judgment of what is more or less incouraging , you have acquitted your self so ill in this paper , that no body will give a white farthing for your opinion . now mr. impudence , wherein does it appear , that the pamphleteer hath so ill acquitted himself ; is it only because you say so , for we have none but your lying expression for it , for hitherto in all these three paragraphs you have not made it appear , that he hath either mislead his reader , or shewed any ignorance , or prostituted his reputation , or published most palpable absurdities , or notorious untruths as you at first engaged to show ; but hath acquitted himself very well with true quotations : and what follows ? vvhy mr. briscoes proposals lie before the parliament , and they are more capable of judging then ten thousand such little scriblers as you are . this is 〈◊〉 cum privilegio , truly sir there is no body will dispute that point with you , and i do not doubt but in the end their judgments will 〈…〉 , ( if they shall think fit to embrace either of them ) 〈…〉 ; the first , because it will furnish them with more money to pay their debts , if they have any , and encrease their estates ; the 〈…〉 that it hath past the approbation of two of their committees , and printed in their votes as both profitable and practicable , and that briscoes hath not . the fourth paragraph , so that an estate of the same value yields to the 〈◊〉 by the doctors proposal l. paying l. per annum , for years , which at l. per cent , raises l. which is l. more than the same estate yielded before ; and an l. yearly more then mr. briscoe proposeth . remark , yes , mr. pamphleteer , you say true . that 's much you will make so free a confession mr. impudence , still here is neither absurdity , nor untruth in all this . but here now comes the kill-cow at last , and the principal matter , that destroys the doctors project . says he , and the same estate might yield the freeholder l. if settled for the payment of l. per annum , for years ; for if once , you come to exceed your fund , and to say the l. fund is a security for l. you may as well add another nought to it ; and say , it may be a security for l. as to the parallel it is unintelligible nonsence . there 's for you now doctor in plain terms , and unless you can unriddle this riddle , and explain this great mystery , or take this great stumbling-block out of the way , your proposal is lost for ever . but what doth mr. impudence make of the committee at the same time , that past their approbation of it to the house , that it was both profitable and practicable ? o! but this is an objection , that he hath found out since . very well sir , since the case is so , i will undertake in both the authors and the doctors place to answer and explain this mighty difficulty ( though i doubt not but the doctor is able much better to do it himself , if he shall think it worth his while to take notice of such a feeble champion as you are ) and make you appear as ignorant , and absurd a fellow , and as great a lyar , as you would falsly represent both the doctor and the author to the world. for neither the doctor , nor the author do any where affirm that l. fund or value in land is a security for l. as you say they do ; for though an estate of l. per annum , by this most excellent proposal , does raise the value of l. to the subscriber , yet it does not follow , that the doctor says it is worth it to sell at the market-price , or is a fund sufficient for so much , if he had , you would certainly have quoted the page : but this mr. impudence and mr. ignorance too , is your own false notion , that you would fix upon the doctor to render his proposal ineffectual ; as more plainly you tell us in the last page , that the doctor proposes four millions , meaning for himself , for ever , which is as much as the l. per annum land proposed by the doctor , for the security of the whole two millions is worth , so that the fund for the whole sixteen millions is in nubibus . for in plain terms the doctor hath made no provision for that . and farther a little lower , in the third point we agree , only as i have said , i cannot come up to the doctors notion to make l. value in land , to be a security for l. no , nor the doctor neither , as you have told the story . but for that i hear several men , who being not rightly informed of the doctors proposal , are apt to be drawn to an ill opinion thereof , by means of such as your blockheads idle suggestions : therefore to undeceive them , i shall lay down the doctor 's words in his own proposal , which are these , that any person , that hath an estate of l. per annum , may subscribe the same for the payment of l. per ann. for years , until the sum of l. per ann. be compleated ; that on every such rent of l. per annum , the doctor by order of the commissioners shall issue out tickets to the value of l. and no more , whereof l. shall be to the subscriber , and l. to some publick joint-stock , but the profit thereof to the subscriber , and the rest to other uses , &c. in all this , the doctor says not a word , that the rent of l. a year is worth , or a sufficient fund for l. but what he proposeth is , that an estate of l. a year , together with the l. stock in trade , is a sufficient security for the payment of a rent of l. a year to the commissioners , which does not amount to that great sum of l. till an hundred years be expired ; and this he might have added withal , that this said security does every year grow stronger , as the rent is constantly paid in ; for when years are past , there will remain but one year more , and supposing the rent to have been constantly paid , there will then be put l. due , yet the said l. per annum land together with the said l. stock , is all still tyed to make good the payment of the said remaining l. but then i know you are in haste to reply , how comes l. to be raised and lent on this l. per annum land ? for no man will lend above l. at most on such an estate , and l. is the usual price for an l. a year . this is the mystery , which is thus easily to be made plain . the l. is not to be borrowed at interest of any private person , or publick society ; for then the parliament must pay at least l. per cent , it being a tryed case the last sessions , when they borrowed l. of a company of men , who would not deposit the money without l. per cent , and a farther contract , to be made a company of bankers with privileges to give out bills , that might be of advantage enough to make their money and bills together yield above l per cent at least ; and incommode all the rest of the nation to the ruine of many : but all this money is to be raised out of a mint , wherein brass tickets of l. value are to be formed , for which no interest is to be paid ; and the project , like a mine , is able to support its own costs and charges ; these tickets when confirmed by an act of parliament , and secured by land as aforesaid , are and will be full as useful to all intents and purposes , as if we had discovered a gold or silver mine . now the value of l. in these tickets are to be made , and lent to the subscribers , and other uses as aforesaid , and to be repaid , but not all at once with interest , as in the case of all other common mortgages , where the creditor can call in both principal and interest when he pleases , but to be an hundred years in paying at an hundred pound a year only , which in the end makes up ten thousand pound ; so that if any subscriber is behind in his rent but one year , you seize the rents of his estate , of l. and the profits of l. in stock , and that certainly will quickly pay that years rent of an hundred pound , and then all is free again till another years rent be behind : so that the difference only consists in the manner of repaying it , which makes the hundred and fifty pound a year a good security . thus after the same manner , if you have an inn , rented at eighty pound , and a ground at twenty pound , in all an hundred pound a year , and the tenant hath a lease for ten years , which at the end of the term in all will amount to l. and perhaps all the goods in the house are not worth above sixty pound , when this tenants lease begins , will you say , that this is a good security for a thousand pound , or that this man is to pay you a thousand pound ? no sure ; but rather he being an honest careful and obliging man , he is good security for a rent of an hundred pound a year in that inn. for in such an estate any landlord will trust an industrious careful fellow with so much , tho' he be poor , when he will be unwilling to trust him with an hundred pound in ready money , and thus the poor man may pay a thousand pound by that time the ten years are expired ; the case being truly thus : then i say , that an hundred and fifty pound a year , whose purchase is three thousand pound , with the two thousand pound stock , is a very large security for ten thousand pound to be repaid at an hundred pound a year , without other interest : and thus it may be a security for ninety six thousand as he says , though being a most prodigious dance he could not comprehend the manner of it . this point then , i hope , is sufficiently cleared , and you mr. impudence proved most notoriously guilty of evil speaking , lying , and slandring . now if the doctor had proposed to raise a thousand years purchase , on an hundred pound a year , then the sum would have been so great , that but few subscribers could have the benefit of it , whereas by such a number of years as an hundred , there is room enough for all the members of the house of commons if they please , and fifteen hundred men more to subscribe , to raise such a sum as twenty millions , out of which they may pay their debts , and discharge their encumberances ; besides a supply of four millions to carry on the war , and royal fishery , which briscoe's proposals say nothing of . but to return to mr. impudence again , who after he hath declared himself a conceited lump of ignorance , says , he is willing to pass by the unintelligible nonsence , and remarks the leaving out of the doctor 's two thousand pound reserved for himself ; which he begrutcheth the doctor very much , of which more anon . says by the doctor 's proposal , the engaged estate will be , after an hundred years , discharged from this encumbrance , and free for the like settlement , which being engaged for ever by mr. briscoe's can admit of no further improvement , and 't is much better to raise ten thousand pound on the same estate , than two thousand pound . remark , in mr. briscoe's proposals , eighteen and twenty third , an estate by his method may be settled five or ten times over , for and hundred years . why , mr. impudence , i pray you tell me now the difference between mortgaging an hundred pound per annum , for ten thousand pound to be repaid as per doctor 's proposal , and mortgaging of it for twenty years , and then pay it off , and so for another twenty years , till an hundred years be compleated , discharging the said mortgage every twenty years , according to briscoe's proposal ? will not there be more than the value of ten thousand pound paid in principle , interest and charges by that time ? and is not a greater sum abundantly more serviceable , than a sum that 's less by a fifth part ? for you your self confess it when you say a little after , you are sure it is better for the nation to have an hundred thousand pound raised upon an estate , than ten thousand pound , as is said . but mr. impudence proceeds . and with submission it is nonsence , i tell you again to raise ten thousand pound on two thousand pound fund , and those you would have take your brass tickets will say the same . to my certain knowledge , mr. impudence , that 's another great lye of yours , for that there are very many of them do know and say to the contrary , and for those that do not , i hope they will better understand it , when they have read thus far ; especially when they shall observe , that neither this mr. blockhead , nor his great master mr. briscoe , from whom he hath his instructions , doth make any difference between a fund of land settled for the payment of ten thousand pound presently , as they understand it , and ten thousand pound to be an hundred years in paying , as the doctor proposeth . every body knows , that according to the market-price in england , land is reckoned at twenty years purchase , and then ten thousand pounds buys five hundred pound a year ; and if lent on a mortgage , they will expect a thousand pound a year to be tyed for security , and yet reserve a liberty to call it all in , whenever they please , and therefore it 's esteemed as ready money . now since both the blockhead , and mr. briscoe go about to confound the doctor 's proposal with this false notion , that ten thousand pound in present money , and ten thousand pound that is an hundred years in paying , is equally the same thing , and of the same value , for so they most fallaciously represent it , i would therefore ask both the blockhead and mr. briscoe this one question ; suppose they had ten thousand pound to dispose of , and here are two offers made them , one of five hundred pound per annum , to be sold for such a sum , and another of a hundred and fifty pound a year to be mortgaged for a hundred and fifty years , the profits whereof does amount to twenty two thousand five hundred pound at the end of the said term , and as so much ready money according to their notion , is to be valued , which of these two offers will they let go their ten thousand pound for ? no doubt they would think it an hard bargain , if they were forced to take the hundred and fifty pound per annum for their money ; though according to their own way of reckoning it will raise l. one thing is very remarkable in all that write against the doctor 's proposal , that they love dearly to repeat the same thing over and over again , as in one squirt's pamphlet , and others , as if they were all of the same welsh strain . so here again he hints at the said two thousand pound reserved by the doctor , though he mentioned it a second time just before the fifth paragraph ; which at last serves his purpose no more , than if he had only knock'd his heels against the ground . as to the sixth paragraph , i have not mr. briscoe's book to peruse , for it seems he did not send any to the doctor , or his friends ; and they are not to be had at the booksellers , so cannot reply to it : but dare engage the author will stand by , and make good what he has written , notwithstanding in the close of his remark mr. impudence says ; and if this be not as i assert , i will give the whole world leave to account me as impertinent , prevaricating , and falsifying a scribler , as our pamphleteer hath shewed himself to be . very well mr. impudence ! and the world may with very good reason call you by these names , and with many more , and worse epithites , and yet do you no manner of wrong or injury in the least ; for by your scribble , you should have but little value for your credit , or rather no credit to save . he that steals , or picks a pocket , may as well say , if it can be proved upon him , he will give the world leave to call him rogue , and thief ; that being no more than the title of his profession , will not hurt him at all . and pray sir , what matter is it , what the world says of such a sorry fellow as you , that hath no name and less sense ? if you had shewed any wit , it might have attoned for your rudeness , but nonsence and railing can hardly deserve a pardon ? paragraph the seventh , both this paragraph , and the following remark , is particularly about the doctor 's reward for his proposal : the design of the paper , i find to be in an especial manner to lessen and destroy the doctors proposal , that by such a method they may the better advance , and promote mr. briscoe's multitude of little proposals , which he hath filled his book with all , in hopes , that some one or other of them may probably take , like an adventurer at lotteries , who put in five thousand pound , in hopes of one prize , though it fell out they were all blanks , and i believe his will prove no better : but if either of them does take , then let him alone to benefit himself by it , though he says nothing of his reward there ; for all that knows mr. briscoe , do well understand that he does not use to concern himself in any private or publick affair , especially those of the publick , without he can tell which way to get a large recompence for his pains . now since they have endeavoured to expose the doctor 's proposal of a land fund , to be both nonsensical and insufficient , i believe i have cleared that to full satisfaction : so that it appears the fault lies in their want of brains and understanding , which hath brought forth both this libel and briscoes book , for otherwise mr. briscoe could have no occasion to print so many lesser silly proposals as he hath , wherein he hath entrenched as well on mr. killegrew's proposal off 〈◊〉 some time ago to the parliament , as on the doctors . i come now to shew one other little design of theirs , which hath no other end at all , unless it be to let the world know , that the doctor hath carved out too large a portion for himself , which alone hath a fund as they say , and for the rest he hath provided no fund , but what is in nubibus ; at which mr. impudence is much disturbed , as appears by his so frequent repetitions , and so much scribble at last together about it : notwithstanding all which i have plainly demonstrated , there is provided a full and safe security for it all , here on terra firma . and though the doctor hath carved out such a good round sum as four millions , yet it is not all for himself , for mr. impudence confesseth , that he is to pay out of it the lord keeper , master of rolls , and judges , to be at the charge of making all the tickets , pay all other officers , and offices disperst up and down in every county , and after all these are paid , what think you may remain to the doctor at last , you should have cast up that too , as well as briscoes charges . suppose the doctor had a million of money left him , what is any man the worse for it ? that you have taken such repeated notices of it , does any man lose by it , or is cheated out of his right , or wronged any manner of way ? or rather will not every subscriber ( though the doctor be so largely paid out of it ) increase his estate to above double the value , and gain much more by his proposal , then he can or will by any of the best of briscoes proposals take which you will ? and he have a great many , that are spick and span new , an whole ware-house full of them , so that you may go in , and take your choice of all sorts and sizes , and of all manner of prizes ; but those of the better sort hath several more in them , and they are marked , sixteen , seventeen , eighteen , twenty two and twenty three proposals ; 't is very strange to me if the house of commons be not quickly cloied with all this cluster of proposals , especially if they are brought in the spaeker's sight , he may be apt to call out to mr. briscoe in the same manner as was once spoken to a much nobler person at the sessions of the poets . put up your trumpery good noble marquiss , and provide him some straw in a room that dark is . if the doctor had contrived a project so much for the benefit of the nation , and had left himself out , or forgot himself in , then you might have had much more cause to put him in the dark room , after he had been at so great expences of time and money : and why it should not be as much commendable in him , to provide well for himself and family , as his proposal will do for the nation in general , if enacted by parliament ; or why he should not be allowed to pay himself , when every treasurer , or man in office doth the same , and that honestly too , i cannot tell . but this impudent booby does not know what he would be at . oh but he saith , that the very commissioners themselves , as the lord keeper , judges , &c. must all come to him for their salleries : and what if they do ? what are they worse for it ? why may not they go to him , as well as to any of the under officers of the exchequer ? i suppose they will not stand much on that , who they go to ; so as they can receive their money whenever they go , or send for it . for therein lies the stress of the business . but after all , though the doctor has laid down such a method in his proposal for himself to be mr. workman , and to have the payment of the salleries , ( as i think he hath most right to the management of it , that is the inventor ) yet it does not follow , that the parliament are obliged and tyed to follow his rules , any more than they are to do , as mr. briscoe does propose , or to raise no more or less money than twenty millions ; but it is left to their discretion to alter what they please , to make who they will treasurer , and to give the doctor something or nothing in consideration of his proposal : however it was convenient and necessary , that some sort of a method should be laid before them , or else how should they know what to do with any proposal ? well then , since both the doctors , and briscoe's proposals are before the house , you may ask a parliament man , in case he were , or were not in debt , which he would rather chuse , the doctors that will supply him with l. or mr. briscoes that can raise but l. on the same estate of l. per annum , to serve his occasions ? and lastly , when mr. impudence comes to the last page , there is but little beside a repetition of what hath been said before , and not worth a reading ; only this is to be observed of him , that billingsgate can hardly match his in ill language . as for mr. briscoe , by what hath been said , i think , his behaviour does really deserve a reproof , which i shall give him in a latin sentence . sat poenae est meruisse poenam . but as for mr. impudence , it is well for him , that he conceals his name , for otherwise , there is no gentleman that knew him , but what would judge him fit to be kick'd out of all civil company for a rake-hell . while i was sending this to the press , there was given to me another of mr. impudence's lybels , which he hath re-printed , with an impudent preamble on the top of it ; by which , i perceive that mr. briscoe , and the blockhead are great cronies ; and so may they always be , for they are only fit for one anothers company . and whereas he saith , he will take care , that mr. briscoes , and the doctor 's books shall both lye exposed at the publick coffee-houses , to the view of all persons , that so they may see by the comparison , that the doctor is not that man of sense , he would have the world believe him to be . i desire he will be pleased to let this paper likewise lie there a long with them , that so they may the better judge of the matter , when they have read what all parties have said : and whether he hath not cause enough to be ashamed , if there be any such thing as shame in him , which is much to be doubted . and though he threatens another parcel of nonsense in a second impression , yet perhaps he may alter his mind , after he hath perused this paper , wherein the case is laid so plain , that it 's hoped the scribling dunce may be convinced that there is no fear of the doctor 's running his head against a post ; but rather , that this blockhead being so void of sense , and therefore so much resembling a post , may run his head against the doctor , with design to overthrow his person , as well as his proposal . finis . the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to king james in the latter end of his reign / by sir john davies ... davies, john, sir, - . [ ], , [ ] p. printed by s.g. for h. twyford ..., and rich. marriot ..., london : . advertisement: p. [ ]-[ ] at end. reproduction of original in huntington library. eng prerogative, royal -- england. taxation -- england. internal revenue -- england. a r (wing d ). civilwar no the question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy. dedicat davies, john, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the question concerning impositions , tonnage , poundage , prizage , customs , &c. fully stated and argued , from reason , law , and policy . dedicated to king iames in the latter end of his reign . by sir john davies , his then majesties attourney generall . london , printed by s. g. for henry twyford , in vine-court middle-temple , and rich : marriot , under the dyall in saint dunstans church-yard , london . . to the kings most excellent majestie . this question , sir , concerning your majesties prerogative in laying impositions upō merchandizes , ought not to have been made or moved at all ; howbeit , it hath been stirred and debated in parliament , it is now become an argument of such dignity and importance , as the best-able amongst your servants learned in the law , may well imploy their best learning in the discussing thereof . for my part , though i find my self unable to handle this noble question , as the weight and worthinesse requireth ; yet have i upon sundry occasions arising from the course of my service , collected such notes , and drawn together such materials , as may be of use in the building of a fortresse in the defence of this prerogative ; and sure i am , that if your majestie will vouchsafe to cast your eye upon these collections , that your judgment will make a far better use and application thereof , than i who have gathered the same , can posible do ; these little sparks of knowledge being taken into your majesties consideration , wil instantly multiply and arise into a flame , and so give a great light for clearing of this question : this learning within my hand , is but a spade , in your majesties hand will become a scepter . i have onely like the poor indian , digged up the oare of mine , which being brought into the kings mint , and refined there , becomes part of the royall treasure . for the argument it self , it will hardly receive any ornament , ornari res ipsa negat , contenta doceri . the best light i can give it , is lucidus ordo , by breaking it into capit● rerum , and casting it into a plain and naturall method ; it is somewhat long , and in multil●quio non de●st peccacum , saith solomon ; it is also mixt with some reasons of state , wherein a common lawyer may easily make a solaecism ; yet such as it is , my zeal to advance your majesties service , hath moved me to present it to your majesty , with all humbleness , and with some hope , that this dutifull paine shall purchase a pardon for the errours therein committed , by your majesties unprofitable servant , and humble subject , iohn davies . the contents of this book . chap. i. the exposition and meaning of certain words , which do shew the true state of the question . page chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs front our common law ; and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas ; and how the common law and statute law of england do admit and allow of the law merchant . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof ; of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the cōmon law of england doth acknowledge and submit it self to those prerogatives . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self there unto . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differing from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . chap. xi . of the ancient duties called prizes , taken out of forein goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . chap. xii . of the ancient customes payable for wines , called priz●ge and butlerage . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . chap. xv . of the imposition set and taken by king edward the second . chap. xvi . of the impositions laid and levied upon merchandizes , by king edw. . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . chap xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . chap. xxi . the general reasons whereupon this prerogative is grounded . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . chap. xxiii . the answer to the first objection . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . chap. xxv . the answer to the second objection . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remitall of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procuring impositions to be set up . chap. xxvii . the answer to the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . chap. xxix . the answer to the fourth objection . chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . chap. xxxi . the answer to the fifth objection . chap. xxxii . the conclusion . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . an argument upon the question of imposition , digested and divided into sundrie chapters ; by one of his majesties learned counsel in ireland . chap. . the exposition and meaning of certain words , which do shew the true state of the question . the question it self is no more than this , whether the impositions which the king ●f england hath laid and levied upon merchandize , by vertue of his prerogative onely , without act of parliament , be lawful or warranted by the law of england . by the word imposition , we mean only such rates or sums of money as the king by letters patents , under the great seal of england or ireland , hath set upon merchandizes imported and exported , and commanded the same to be paid and levied to his majesties use , over and above the customes and subsidies formerly due and payable for the same merchandizes . by the word merchandizes , we mean only such goods or merchandizes as are transported over the seas , from one realm or dominion unto another , to be sold or exchanged for reasonable gain or profit ; for upon the ingate or outgate of commodities so crossing the seas only ; customes , subsidies , and impositions for merchandizes are paid and taken , and not for any commodities carried too and fro by sea and land , within one and the same realm and dominion . by the law of england , we understand not only our customary common law , and our statutes of england , which are native and peculiar to our nation only , but such other laws also as be common to other nations as well as us ; have been received and used time out of mind by the kings and people of england in divers cases , and by such ancient usage , are become the lawes of england in such cases ; namely , the generall law of nations , and the law-merchant which is a branch of the law , the imperial or civil law , the common or ecclesiastical law , every of which laws so far forth as the same have been received and used in england , time out of mind , may properly be said to be the laws of england . chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . jvs gentium , or the generall law of nations is of equal force in all kingdoms , for all kingdoms had their beginning by the law of nations ; therefore it standeth with good reason that the law of nations should be of force , and of like force in all kingdoms ; and for this cause in the realms subject to the crown of england , the law of nations also is in force in such cases , especially wherein the king himself , or his subjects , have correspondence or commerce with other nations who are not bound in those cases by the municipall laws of england . omnes populi ( saith justinian ) qui legibus & moribus reguntur , partim suo proprio , partim cōmuni omnium hominum jure utuntur : nam quod quisque populus ipse sibi ius constituit id ipsius proprium civitatis est , vocaturque jus civile ; quod vero naturalis ratio inter omnes homines constituit , id apud omnes homines plerumque custoditur , vocaturque ius gentium , quasi quo jure omnes gentes utuntur ; and in the same place it is said , ius gentium omni hominum generi cōmune est , & ex hoc iure gentium omnes pene contractus introducti sunt , ut emptio , venditio , locatio , conductio , societas , depositum mutuum , &c. and with this agreeth our doctor and student , lib. . cap. . where it is said , that trade and traffique is by the law of nations ; so that commerce , trade , & traffique for merchandize , between the people of several nations and kingdoms , is a principal subject of the law of nations ; and therefore to that question that hath been made in england , whether the ancient customes payable for merchandizes , did first grow due by our customary common law or statute law of england ? why may i not answer , that neither the customary law , nor the statute law of england , but the generall law of nations did first give these duties unto the crown of england ? for as the law of nations was before kings , for kings were made by the law of nations , ex jure gentium reges originem traxerunt , saith baldus ; so kings were no sooner made by the law of nations , but presently the same law , cum creatus fuerit rex ei omnia regalia conceduntur , & competit omnibus regibus jus imponendi quantum habet regalia , saith baldus , vectigalia introducta sunt à jure , &c. which is the law of nature or nations , ideo non otiosa sed favoralia , saith another doctor , did annex this prerogative to their several crowns , vectigalorigine ipsa jus caesarum & regum partimoniale est , saith another , inhaeret sceptro saith another and therefore when our ancient british kings took up customes for merchandizes transported into france , as strab● writeth , britanni vectigalia tollebant gravia earum rerum quas brevi traject● in galliam importabant ; shall we presume they did it by act of parliament ? no , for doubtlesse they did it by vertue of this prerogative given unto them by the law of nations ; for kings upon their first institution did greater things than this , by their prerogative , without the consent of the people , vetusissima coronae jura ex singulari regum decreto primitus orta , saith a learned doctor ; and at first saith iustinian , arbitria regum pro legibus fuere , and so saith halicarnassus , lib. . cicero offic. lib. . and truly as customes and impositions taken upon importations of merchandizes , being most properly called vectigalia , à mercibm evectis & invectis , are the most ancient duties payable to the king ; so are the same grounded , saith bodin , upon the greatest reason and equity in the world , quid est enim rationi & aequitati magis consentaneum quàm & is qui in nostro territorio & ex nostris questum facit principi nostro cujus permissu & sub cujus protectione negotiatu● aliquod perdat & presolvat ? and this common reason and equity which is the ground of these duties payable for merchandizes , what is it else but the law of nations ? which is nothing else but that which common reason hath establisht amongst all men for the common good of all men , and which all nations have received and imbraced for their mutual benefit and commoditie . neither is this the onely prerogative which the king of england hath by the law of nations , habet & rex in regno suo ( saith bracton ) alia privilegia de jure gentium propria , viz. soreceum maris thesaurum insentum grossos pisces , & balenas & sturgiones wavias , &c. huiusmodi de jure gentium pertinent ad coronam , saith stampford , prerogativa regis , fol. . . adde hereunto the absolute power of the king , to make war and peace , league and truces , to grant safe conducts , to pardon all offenders , to distribute all degrees of honour , and the like , wherein the king hath sole and absolute power , merum imperium & non mixtum , and which prerogative is as antient as the crown , and incident to the crown by the law of nations . lastly , for the proof that our common law doth acknowledge and prove the law of nations in most of these cases . the book edw. . . doth approve the kings absolute power in making war , peace , and leagues ; and in edw. . . that part of the law of nations , whereby the high constable and marshall of england , do proceed in their courts of war , and chivalrie , is called the law of the land . we finde also the kings sole power in hen. . rot. parliament . in archivis turris london , for coyning of money ; we have the case of mines , com. . for safe conduct of merchants , and stop of trades , tempore guerrae , and letters of reprisall we have edw. . . r. . . magna charta cap. . and the register wherein we find writs of reprisall . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs from our common law , and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas , and how the common law and statute law of england do admit and allow of the law merchant . mercatura vel societas mercatorum est magna respublica ( saith vlpian ) and therefore that common-wealth of merchants hath alwayes had a peculiar and proper law to rule and govern it ; this law is called the law merchant , wherof the laws of all nations do take speciall knowledge ; first both the common law and statute law of england do take notice of the law merchant , and do leave the causes of merchants and merchandizes to be decided by the rules of that law ; for what saith the book of edw. . , ? a merchant stranger made sute before the kings privy council , for certain bailes of silk feloniously taken from him , and it was moved that this matter might be determined by common law , unto which motion the lord chancellor doth there answer ; this sute is brought by a merchant , who is not bound to sue according to the law of the land , nor to tarry the tryal of twelve men , nor other solemnity of the law of the land ; albeit , the king hath jurisdiction of him within the realm , and may cause him to stand to his judgement , yet this must be according to the law of nature , which some call the law merchant , which is a law universall throughout the word ; these are the words of that book , & it is there resolved by all the justices , that if the merchandizes of such a merchant stranger , be stollen and waved by the felon , the king himselfe shall not take those merchandizes as waifes , though in that case the goods of another person were lost by the common law of england . doth not this case make it manifest , that in the judgement of our common law , merchandizes that crosse the seas , are goods of another nature , quality , and consideration , than other goods and chattels which are possessed within the realm , and do not crosse the seas ? this learning is not common in our books , and therefore i think it meet to exemplifie this difference with more cases in this point . if two merchants be joynt-owners , or partners in merchandizes , which they have acquired by a joynt-contract , in this case the one shall have an action of account against the other , die legem mercatoriam , saith the register , fol. . and f. n. . d. and yet by the rule of the common law , if two men be joyntly possessed of other goods which are not merchandizes , the one shall not call the other to account for the same . again , if two merchants have a joynt interest in merchandizes , if the own die the survivor shall not have all , but the executor of the party deceased , shall by the law merchant call the survivour to an account for the moytie f. n. . d. whereas if there be two joynts of other goods which are not merchandizes , the survivor shall have all , per jus accrescendi , even by rule of the common law . again , in an action of debt , upon a simple contract which is without deed in writing , the defendant by the common law may wage his law , that is , he may bar the plantiff of his action by taking an oath that he doth not ow the debt nor any part thereof , and yet in itin. derby edw. . iohn crompton merchant , upon a contract without deed , the defendant would have waged his law , but was not permitted so to do , and so judgement was given against the said defendant . again , the goods of ecclesiastical persons are discharged of toll by the common law , si non exerceat marchandizas de eisdem , saith the register , . a. for then their goods are charged , being now become goods of another nature , when the same are turned into merchandizes ; so are the goods of the french nobility discharged by gabels and impositions if they traffique not , but if they traffique , saith bodin , their goods are charged like other merchandizes . again , for goods wrongfully taken within the land , the common law giveth remedy against the trespasser , or the wrongfull taker onely ; but if an english merchant be spoiled of his merchandizes upon the sea , or beyond the sea , by the subject of another king , the register doth give him a writ of reprisall against all the subjects of that nation , regist. . . and hen. . we find a more brief cause of justice , for there the king in respect of the loss which certain merchants of london had sustained , by an arrest made of their goods , made by the countesse of flanders , doth grant unto them all the merchandizes whereof the flemings were possest in england , rot. pa. e. . m. . in archivis turris london : whereupon the lord mayor of london , did seize so much goods of the flemish merchants as amounted to . marks , and delivered the same to thomas debassing , and other merchants , who had suffered loss by that arrest ; and in the same roll of ed. . the lord mayor of london , and bailiffs of southampton , are commanded by the kings writ , quod omnes mercatores londienses ad partes angliae accedentes per bona & catalla sua distringuantur sed in legem mercatoriā & consuetidinem regni ad satisfaciendum mercatoribus florentinis de pecuniis ipst mutuo tradiderunt willielmo episcopo leodiensi . here we see that lex mercatoria , which doth apparently differ from the ordinary cōmon law of this kingdom , is said to be consuetudo regni . and lastly , in a sute at the common law no mans writing can be pleaded against him as his act and deed , unlesse the same be sealed and delivered ; but in a sute between merchants , bills of lading , bills of exchange , being but tickets without seals , letters of advice and credences , policies of assurance , assignations of debts , all which are of no force at the common law , are of good credit and force by the law merchant . thus we see how merchandizes do differ from other goods and chattles in the eye of the law , and how the law merchant doth differ from the common law of england , and how the common law doth admit and allow thereof . our parliaments likewise have not onely made extraordinary provision for the more speedy recovery of debts due unto merchants for their merchandizes , than is provided by our common law , as appeareth by the statute of acton burnell , made the ed. . and the statute de mercatoribus made ed. . but also have course of proceedings , in cases of merchants differing from the course of our common law , for by the statute of ed. . cap. . it is declared , that the proceedings in causes of merchants shall be from day to day , and hour to hour , according to the law of the staple , and not according to the course of the common law ; and by another article in the same parliament , that all merchants comming to the staple , should be ruled according to the law of merchants , touching all things comming to the staple , and not by the common law of the land ; and by another article , that neither of the benches , nor any ordinary judges of the common law shall have any jurisdiction in those cases ; and lastly , that the law of marque and reprisall , which is a branch of the law merchant , shall be used as it had been used in times past . so as the parliament doth but declare the ancient law , and doth not introduce a new law in those cases . untill i understood this difference between merchandizes & other goods , and between the law merchant and the common law of england , i confess i did not a little marvell , england being so rich , and entertaining traffique with all nations of the world , having so many fair ports and so good shipping , the king of england also being the lord of the sea , and also a principall part of his royal revenue consisting in duties payable for merchandizes , so as many questions must of necessity arise in all ages touching merchants and merchandizes , what should be the cause that in our books of the common law of england , there are to be found so few cases concerning ships or merchants , or concerning customes or impositions payable for merchandizes . but now the reason thereof is apparent , for the common law of the land doth leave these cases to be ruled by another law , namely the law merchant , which is a branch of the law of nations . the law merchant , as it is a part of the law of nature and nations , is universall and one and the same in all countries in the world , for as cicero saith of the law of nations , non erit alia lex romae , alia athenis , alia nunc , alia posthac , sed & omnes gentes & omni tempore unalex eademque perpetua continebit , &c. so may we say of the law merchant , there is not one law in england , another in france , another in spain , another in germany , but the same rules of reason , and the like proceedings of the law merchant are observed in every nation ; for as our chancellor of england affirmeth , e. . . that the proceedings of the law merchant ought to be according to the law of nature , which is universall ; so say the civilians of severall nations . the italian doctor saith , in curia mercatorum naturalis aequitas praecipue expectanda , & ex aequo & bono causas dirimendas esse ; the french man saith , in curia mercatorum proceditur de mera aequitate omissis solemnitatibus & apicibus juris ; the spaniard likewise saith , apices & subtilitas juris non considerantur in foro mercatorio ; whereby it is manifest , that causes concerning merchants and merchandizes , are not wont to be decided by the peculiar and ordinary laws of every country , but by the generall law of nature and nations , out of which resulteth this conclusion . suppose it be admitted that by the positive law of the land taxes and tallages may not be laid upon our goods within the land , without an act of parliament , yet by the law of nations , and by the law merchant , which are also the law of england , in cases of merchandizes the king of england , as well as other kings , may by vertue of his prerogative , without act of parliament , lay impositions upon merchandizes crossing the seas , being goods whereupon the law doth set another character than goods possessed in the land , as is before expressed . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof , of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . when the city of rome was gentium domina & civitas illa magna quae regnabat super reges terrae , the roman civil law being communicated unto all the subjects of that empire , became the common law , as it were , of the greatest part of the inhabited world ; yet the extent thereof was never so large as that of the general law of nature , as it is noted by cicero , offic. lib. . majores nostri aliud jus geutium , aliud civile jus esse voluerunt , quod enim civile non idem continu● gentium , quod autem idem civile esse debet , whereby it is manifest , that the law of nations is and ought to be a binding law in all states and countries ; as it is binding , so it is perpetuall , and cannot be rejected , as the roman civil law is rejected in most of the kingdoms in europe , in such cases as do arise within the body of every kingdom . in france , philip le bell ( saith bodin ) de repub. lib. . cap. . when he erected the courts of parliament at paris , and mountpelier , did expresly declare , that they should not be bound in their judgments by the rule of the roman civil law , and in erecting of all the universities of france , they are charged in their severall charters , not to revive the profession of the civil and common law , as of binding laws in that kingdom , and therfore earum non imperio sed ratione utimur , saith another learned doctor of france . in spain , saith bodin , in the same place , several kings have made edicts , that no man upon pain of death , should allege the roman civill law as a binding law in their dominions . and that stephen king of spain did forbid the publique pleading of the civill law . as for england , to omit what pope elutherius wrote in his epistle to lucius the first christian monarch of the britains , and whereof mention is made in saint edwards laws de protestate regia & ecclesiastica , published in the time of hen. . petiistis ( saith he ) leges romanas & caesaris vobis transmitti quibus in regno eritaniae uti voluistis , leges romanas & caesaris reprobare possumus , legem dei nequaquam , &c. in a parliament holden in england r. . when a course of proceedings in criminal causes , according to the civil law was propounded , an answer was made by all the states assembled , that the realm of england neither had been in former times , nor hereafter should be ruled and governed by the civil law , rot. parliament . r. . in archivis turris london , and accordingly chopinus the french lawyer in his book de domino franciae tit. . speaking of the civil law , hujus romani juris ( saith he ) nullus apud anglos usus , sed ex veteri gentis instituto britani reguntur legibus municipialibus quas illis majorum mores praescripserunt . but this is to be understood of causes arising within the land onely ; for all marine and sea causes which doe arise for the most part concerning merch . and merchandizes crossing the seas , our kings have ever used the roman civil law for the deciding & determining therof , as the romans did use the law of the rhodians in those cases , according to the memorable rescript of the emperour anthonius , terram suis legibus rhodits regi . how be it now , those laws of the rhodians are digested and incorporated into one body of the civil law ; the jurisdiction touching causes arising upon the sea , is committed by the king of england to his admirall , who in his court of admiralty doth proceed in those cases according to the rule of the civil law . now for the rules of the civill law touching the power of kings , in laying impositions upon merchandizes , the same are clear without question , and observed without contradiction in all the nations of the world , regii tantum juris ac muneris est vectigalia imponere , redditus , seu vectigalia portus quae perveniant ex his quae in portum vel ex portu vehentur regalia sunt , rex qui non recognoscit superior em potest instituere nova vectigalia , &c. hoc est jus totius mundi , totus mundus . hoc jure utitur , the d. doctors who interpret the imperiall law , have their books full of these rules . and if it be objected , that these rules of the imperiall law are onely intended of the emperour , a learned civilian hath this position , plus juris habet rex in regno quam imperator in imperio , quia rex transmittit regnum ad successionem quod non facit imperator , qui est tantum electionis , &c. lastly , when i speak of the rules of the civil law , and make use thereof , i do apply the same onely in cases of merchandizes crossing the seas , which i do expresse by way of protestation , that i may not be mistaken here , and in other places where i cite the text of the imperiall law , as if i intended that law to be of force in england generally , as in other places . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . the canon law is received and admitted in england , as a binding-law in cases ecclesiasticall , which are indeed the proper subjects of that law . but this question of imposition is meerly civil , and therefore the canon law doth not handle it but in cases of conscience only , & so indeed it doth examin and determine in what cases an absolute prince may with a good conscience lay and demand new impositions , decret. causa . quaesti . . princeps potest indicere nova vectigaliae , and in summa summarum tit. de gabellis & exactionibus , these rules and distinctions are laid down . quilibet monarcha potest imponere novum vectigal , quod tamen boni viri arbitrio moderandum est , potest princeps imponere vectigal ultra conventionem in duobus casibus . quando redditus ejus non sufficiunt ad segimē boni & cōmunis & decentiam status-ejus . . quando non sufficiunt ex nova emergentia principes enim sunt à deo instituti ut nō quaerant propria lucra , sed cōmunem utilitatem populorum , lilia agri neque arant neque nent , which may be applyed , saith a french monk , to all princes , but espicially to the kings of france , because they bore the lilies . the canonists do likewise allege the example of our saviour , who paid an imposition of poll-money , and wrought a miracle to enable himself to do it ; that the tribute-money which christ commanded to be paid , date caesari quae sunt caesaris , and the custome which saint paul willeth every christian to pay willingly , reddite omnibus , cui tributum , cui vectigal , were but impositions raised by the emperours edict only , without the consent of the people ; and yet saint paul requires obedience to princes in that case , not only for fear of the princes displeasure , but for conscience sake , non solum propter iram sed propter conscientiam . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . forasmuch as the general law of nations , which is and ought to be law in all kingdoms , and the law merchant is also a branch of that law , and likewise the imperiall or roman law have been ever admitted , had , received , by the kings and people of england , in causes concerning merchants and merchandizes , and so are become the law of the land in those cases ; why should not this question of impositions be examined and decided by the rules of those laws so far forth as the same doth concern merchants & merchandizes , as well as by the rules of our customary or common law of england , especially be cause the rules of those other laws are well known to the other nations , with whom we have commerce , and to whō and from whom all merchandizes are transported , wheras the rules of our own municipall laws are only known within our islands ; and if this question may be decided either by the laws of nations , or by the law merchant which is but a member thereof , or by the roman civil law , we find this point clearly and absolutely determined , and over-ruled by the rules of those lawes , viz. that all absolute kings and princes may set impositions upon merchandizes by their prerogatives , and thereupon we may conclude , that since one monarch hath as much power as another , as fortescue in his book de laudibus legum angliae , affirmeth , the k. of england , as well as any other king , as the emperour himself , cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio , as king william rufus told the arch-bishop anselm , may by vertue of his royal prerogative annexed to his crown , and inherent to his scepter , lay impositions upon merchandizes exported or imported into any of his kingdoms or doninions . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the canon law of england doth acknowledge and submit it self to those prerogatives . by the law of nature all things were cōmon , and all persons equal , there was neither meum nor tuum , there was neither king nor subject ; then came in the law of nations , which did limit the law of nature , and brought in property , which brought in community of things , which brought in kings and rulers , which took away equality of persons , for property caused contracts , trade , and traffique , which could not be ministred without a king or magistrate ; so as the first and principal cause of making kings , was to maintain property and contracts , and traffique , and commerce amongst men . hereupon by the same law of nations , tributes and customes became due to the king or prince to maintain him in his place of government , quasi ministerii sui stipendia , saith the school-man , deo minister est tibi in bonum ideo & tributa potestas , saith saint paul , and all these things , namely property , and contract , and kings , and customes , were before any positive law was made ; then came the positive law , and limited the law of nations , whereas by the law of nations the king had an absolute and unlimited power in all matters whatsoever . by the positive law the king himself was pleased to limit and stint his absolute power , and to tye himself to the ordinary rules of the law , in common and ordinary cases , worthily and princely , according to the roman emperour , dignissimum principe rex se allegatum legibus confiteri , retaining and reserving notwithstanding in many points that absolute & unlimited power which was given unto him by the law of nations , and in these cases or points , the kings prerogatives do confist ; so as the kings prerogatives were not granted unto him by the people , but reserved by himself to himself , when the positive law was first established ; and the king doth exercise a double power , viz. an absolute power , or merum imperium , when he doth use prerogatives onely , which is not bound by the positive law ; and an ordinary power of jurisdiction , which doth co-operate with the law , & whereby he doth minister justice to the people , according to the prescript rule of the positive law ; as for example , the king doth not condemn all malefactors , but by the rule of the positive law ; but when the malefactor is condemned by the law , he giveth him a pardon by his absolute prerogative . again , the king doth punish the breach of the peace within the land , by the ordinary course of the cōmon law , but he doth make war and peace with forreign nations , quod pertinet ad liberum jus gladii , as a doctor speaketh , by that absolute and unlimited power , which the law of nations hath given unto him . again , the king doth establish the standard of money by vertue of his prerogative only , for the common law doth give no rule touching the matter , or form , or value thereof ; but when those monies are dispersed into the hands of the subjects , the same do become subject in respect of the property thereof , to the ordinary rules of the common law . again , the right of free-hold and all inheritance , and all contracts reall and personall , arising within the land , are left to be decided by the positive law of the land ; but the government and ordering of traffique , trade , and commerce , both within the land and without , doth rest in the crown as a principall prerogative , wherein the king is like to primum mobile , which carrieth about all the inferiour spheres in his superiour course , and yet doth suffer all the planets underneath him to finish all their divers and particular courses ; or rather he doth imitate the divine majesty , which in the government of the world doth suffer things for the most part to passe according to the order and course of nature , yet many times doth shew his extraordinary power in working of miracles above nature . and truly , as the king doth suffer the customary law of england to have her course on the one side , so doth the same law yeeld , submit , and give way to the kings prerogative over the other ; and therefore in the hen. . fol. . there is a rule , that every custome is void in law quae exaltat in praerogativum regis , which is an argument , that the kings prerogative is more ancient than the customary law of the realm ; besides , the power of the kings prerogative above the common law doth appear in this , that whereas all privileges do flow , and are derived from the kings prerogative , and every privilege in one point or other privat communem legem , yet the common law doth admit and allow of privileges granted by vertue of the king prerogative . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self thereunto . first , it is manifest that all corporations of cities and boroughes within the land , were chiefly instituted for trade and commerce , and not by the rule of common law ; no such corporation can be made but by the kings charter ; for though there have been some corporations which have been time out of mind , yet the law presumes that the same at first had their beginnings by the grant of the king ; besides , we find in divers ancient charters made unto those corporations , a power granted unto the king to take de omnibus rebus venalibus within their liberties , certain sums of money , viz. de libra piperis , so much , de libra zinziberis , so much , de quolibet panno , &c. for murage , or towards the reparation of their walls , which is nothing else but an imposition laid by the kings charter to maintain those cities & boroughs wherein trade and traffique is maintained ; wee find such a charter granted to nottingham , edw. . pat . m. . in arch. turris london . the like is granted to cloneniell , and to some other towns in ireland . f. n. . b. we find a patent granted to a burrough in england , to take for five years a certain sum of money of every passenger , toward the paving of the same town . again , no fair or market may bee holden within the realm , neither can a multitude of subjects assemble themselves together to that end , without a speciall warrant or grant of the king ; and when a subject hath a grant of a fair , he hath a court of py-powder incident thereunto , wherein the proceeding in summary & de plano from hour to hour , as in the court of merchants ; and for the government of all fairs and markets , especially touching weights and measures , the standard whereof was first established by the kings ordinance , to whom the establishing of the standard monies , which is mensura publica omnium rerum commutabilium , is also reserved as a speciall commoditie . besides , in every fair and market where things are bought by retail , for the necessary use of the buyer , and not to sell the same again as merchandizes in another market , for that is regrating and unlawfull , by the rule of the common law , there is a toll taken , which is nothing else but an imposition laid upon the buyer , and that that toll was originally imposed by the kings prerogative , it is manifest in this , that the ancient tenants of the crown , namely the tenants in ancient demeasne , are discharged of toll in all markets and fairs ; and that the king by charter hath discharged divers other persons of toll , as appeareth in the register of writs , and fitz. na. brevium , where we find divers writs essend quiet de theolneo . but this discharge of toll is onely for things bought for necessary use of the buyer , and for merchandizes , for the tenants in ancient demeasne are discharged of toll , for such things only as are for their provisions , or manurance of their lands , and in the writ which dischargeth the goods of ecclesiasticall persons of this toll , there is this clause , dummodo non faciat merchandizas de iisdem , as is before declared . lastly , the kings prerogative in the ordering and government of trade within the realm , doth appear in that notable charter granted to the abbot of westminster , recited in the register of writs , fol. . wherein the king doth grant to the abbot and his successors , to hold a fair at westminster for thirty two dayes together , with a prohibition that no man should buy or sell within seven miles of that fair , during that time . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differening from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . touching merchandizes crossing the seas outward and inward , the same are of another quality , and the law hath another consideration thereof , than it hath of such things as are bought and sold in fairs and markets within the land , as is before expressed ; and therefore the duties payable upon the exportation and importation of merchandizes , have another name , being called customes , and not toll , and are also paid in another manner , for customes must be paid before the merchandizes be discharged and brought to land ; whereas toll is not paiable but for goods brought into the fair or market . again , custome must be paid whether the merchandizes be sold or not , but toll is not due but for goods bought and sold in the market . again , custom is alwayes paid by the merchant , who selleth or intendeth to sell his merchandizes in grosse ; but toll is ever paid by the party who buyeth some commodity for his proper use and provision by retail . lastly , if customes be not paid or agreed for before the merchandizes be discharged and brought to land , the merchandizes are ipso facto forfeited , and may presently be seized to the use of the king ; but if toll be not paid , the thing sold is not forfeited , only it may be distrained and detained till the toll bee paid ; or an action upon the case may be brought for the toll . these differences between custome and toll do apparently prove that merchandizes for which customes are paid , do differ from other goods sold in the markets and fairs , for which toll is taken , and that the trade of merchandizes crossing the seas , and the trade that is used in markets and fairs , are ordered by different prerogatives ; and as the tolls of severall kinds which are taken in markets , fairs , and towns corporate , were first imposed by vertue of that prerogative , whereby the king ordereth all trade within the land ; so by vertue of that other prerogative whereby the king governeth the trade of merchandizes crossing the seas , the crown of england , ever since the first institution of the monarchy , hath from time to time raised and received out of merchandizes , customes , and impositions , of divers nature and natures , according to the diversities of merchandizes exported and imported , and the divers occasions and necessities of the comercion . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . the ancient duties payable for merchandizes , were but of two kinds , and known by two names , customes and prizes ; customes were paid for homebred and native commodities exported , and prizes were taken out of forreign commodities imported . the native cōmodities out of which custome was paid , were wooll , wooll-fells , and leather , and this custome did consist of rertain rates or sums of mony , imposed by the king upon those merchandizes exported , which rates were raised and reduced higher or lower , from time to time , as occasion did arise ; for although in the time of king edw. . the customes payable for those commodities were reduced to this certainty , viz. to a demi mark for every sack of wooll , a demi mark for every three hundred wooll-fells , and a mark for every last of leather , which we call now the great and ancient custome , ab initio non fuit sic , these were not the rates from the beginning , for not long before that time there was a greater and more ancient custome paid for the exportation of those commodities , britanni ( saith strabo ) vectigalia tollebant gravia earum rerum quas brevi trajectu in galliam importabant ; this was magna customa in the time of the britans ; and though the certain rates thereof doth not appear , yet because the same were gravia vectigalia in those dayes , we may easily beleeve that custome to have been greater than the demi mark for a sack of wooll . again , the statute of magna charia , which was as ancient as king iohn , speaketh of ancient customs payable for merchandizes , and the book of edw. . maketh mention of ancient customes granted to king iohn , in the town of southampton , which doubtlesse were other customes than that of the demi mark , &c. for that in the record of the tower , edw. . rot. sin . . & rot. patent of the same year , m. . the demi mark which was first established by the kings letters patents , is called nova custuma , and this was a diminution of the ancient custome , saith the book of . h. . dyer . again , when the same king edw. . had by his writ onely , without act of parliament , established the custome of the demi mark , &c. in ireland , in all the customers accounts , which are found in the pipe-rolls , in the time of edw. . edw. . edw. . in that realm , it is also called nova custuma , which importeth as much as a new imposition , for imposition is a new name , and hath been of use but of late years , whereas every new charge laid upon merchandizes in ancient times , was called nova custuma , as the lord chief baron fleming observed in his argument in bates case of currans , in the exchequor of england ; but because this custome of a demi mark was a reducement made by king edw. . of the great and ancient custome to that proportion which was then thought reasonable ( as after upon sundry petitions of the commons , was allowed by the succeeding princes ) it obtained in tract of time , the name of the great and ancient custome ; this custome of demi mark was not granted to the king by parliament , but reduced to that rate by the king , by the prayer of the cōmons , as is expressed in the record of . edw. . fin . memb. . for albeit the charter for confirmation of magna charta , made in edw. . doth recite , that the demi mark was granted by the cominaltie , yet is there no act of p. printed or recorded , wherein that grant of the cominaltie doth appear , neither can it stand with the rule of reason that the demi mark being a diminution of the ancient custome should proceed from the grant of the cominalty to the king , for the king would never have accepted of such a grant as did diminish his revenue , neither had it been thank-worthy or acceptable , and therefore the king having a negative voice , would never have given his assent to such a grant in parliament ; but it is to be presumed that this diminution of the ancient custome was made in parliament , and not by parliament , and that by prayer of the commons , as the record of edw. . rot. fin . memb. . testifieth , the king was then well pleased for that time to draw down the ancient custome to that rate , and the people did willingly yeeld and consent to the payment thereof ; and this i take to be the true interpretation of the charter or statute made in edw. . and therefore because we find no act of parliament whereby the people did originally grant the great and ancient customes to the king , and because we find it was uncertain and subject to diminution and alteration , we may conclude , that it was but an imposition laid by the king from time to time by vertue of his prerogative , without any grant from the cominalty of the realm who can make no grant but by act of parliament ; & in truth it were absurd to affirme , that the great and ancient custome imposed upon native commodities of the kingdom was first granted by act of parliament ; since it cannot be imagined that ever those commodities did passe out of the kingdom , without custome , being equal in time with the first scepter ; and since the scepter was established many hundred years before the people were called to be in parliament ; besides , the very name of custome doth note and argue that it began before any act of parliament was made , for that it signifieth a duty payable or accustomable to be paid time out of mind , which in presumption of law , is before any record ; wherefore the rules in the lord dyers book are good law , viz. the king hath an estate of inheritance in the custome payable for merchandizes , as being a prerogative annexed to his crown . and again , hen . . custome is an inheritance in the king by the common law , and not given by any statute . chap. xi . of the ancient duties called prizes , taken out of forreign goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . for the forreign commodities which are brought into england , our kings in ancient times did not take any rates , or customes , or sums of money , but took such part of the severall commodities in specie , as they thought fit for their proper use , paying for that they took a price as themselves did likewise think fit and reasonable , which was called the kings price ; this prerogative is proved by the rule of the imperiall law , rex non recognoscens superiorem potest è india in propria causa , and also by the rule which is given edw. . . where the bishop of norwich having forfeited to the king thirty talents of beasants of gold , because the quantity and value thereof was uncertain , it was adjudged that the kings house should set down of what quantity and value every talent should be , and that the same should be paid accordingly ; and by the same prerogative , whensoever any subject is to pay a fine or ransome unto the king for a contempt , the king himfelf doth limit and set the fine or ransome at his own will or pleasure . the forreign commodities thus taken by the king in spain , at his own price , were called prizes , but because these prizes were many times grievances to the merchants , and brought little or nothing to the kings coffers , that prudent prince edw. . by that famous charter called charta mercatoria , made in the year of his reign , did remit unto all merchant strangers their prizes , and did grant quod de caetero super mercimonia merchandizas vel bona ipsorum per ipsum regem vel ministros suos nullos nulla appretiatio vel estimatio apponeretur , & quod nulla prisa vel arrestatio ratione prisae inde fieret , &c. and the charter doth further recite , that for the remission of these prizes the merchants strangers did grant unto the king three pence upon the pound , now called the petty-custome , out of all forreign merchandizes imported , except wines ; and for our native commodities exported , they would pay for every sack of wooll four pence , and for every three hundred wooll-fells six shillings and four pence , and for every last of leather a demi mark , over and above the duties payable by denizens for the same commodities ; which grant being made by the merchants of every nation , not being incorporated and made a body politick , is in respect of them of no force of the rule of the common law , until the kings charter made it good and maintained it , untill it was confirmed by parliament edw. . which was fifty years after the date of the charter , upon the matter these duties payable by merchant strangers , were onely impositions raised and established by the kings charter , which charter being made in england , was afterwards established , exemplified under the great seal of england , and transmitted into ireland , with a special writ directed to the officers of the customes there , to levy three pence of the pound , and other duties mentioned in that charter , as appeareth in the red book of the exchequer there ; by vertue of which writ onely , without act of parliament , the three pence of the pound and other duties were levied and paid to the crown in ireland . chap. xii . of the ancient customes payable for wines , called prizage and butlerage . the most ancient custome payable for wines is prizage , which is not any sum of money , but two tunns of wine in specie , out of every ship freighted with twenty tun , the one to be taken before the mast , and the other behind the mast of the ship ; and the price which the king himself did limit to pay , was twenty shillings onely , for every tun , as appeareth by an ancient record of hen. . whereby we may conjecture , what easie rates the king gave for the prizes of other merchandizes . this custome of prizage was meerly an imposition , for it could not be granted by the merchants of forreign nations , being no body politique , as is before declared ; neither is there any act of parliament wherby our own merchants did ever grant it unto the crown . this duty of prizage was remitted unto the stranger , by the charter of edw. . before mentioned , and in lieu thereof , by vertue of the same charter , the king before mentioned receiveth two shillings for every tun of wine brought in by strangers , which we now call butlerage ; but prizage is paid in specie by all our own merchants at this day , the citizens of london onely excepted , who having remissiō of prizage by a special charge , were charged with a new imposition called gauge , viz. de quolibet dolio d. de vinis venientibus london , which was accounted forreign , magno rot. an. edw. . in the office of the pipe at westminster ; the last of these impositions , which by the continuance have gotten the name of custome , was laid and imposed three hundred years since , and have ever since been approved , and are now maintained by the common law of england , as the lawfull and ancient inheritance of the crown . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . as our ancient kings by vertue of their prerogative without parliament , have laid the customes or impositions before expressed , upon all sorts of merchandizes exported and imported ; so by the same prerogative have they ordained severall sorts of officers to search and over-see those merchandizes on which they had laid those impositions , namely the gauger of wines , a high officer , is as ancient as the imposition of the gauge it self before mentioned ; the alneger of the cloths which is more ancient than any act of parliament that makes mention of the cloths , for there is a record of edw. . in archivis turris which speaketh of the alneger , the packer of woolls , the garbellor of spices ; besides , the officer of the customes , viz. the customer comtroller and searcher ; all which officers have ever taken fees of merthants , both denizens and aliens , not by grant of the merchants or act of parliament , but by vertue of their severall patents granted from the king . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . it appeareth in the record of the exchequer of england , that in edw. . an imposition of four shillings was laid upon every tun of wine brought into england , from certain towns in gascogine and spain , and at this day answered and compted for duty , for the space of ten years , untill the edw. . when it was remitted but during the kings pleasure only ; it appeareth likewise edw. . by the charter of the confirmation then made of the great charter , that king edw. . had for divers years before , set and laid an imposition of fourty shillings upon every sack of wooll exported , which ad instantiam communitatis he was pleased to remit ; which remittall was of meer grace , upon the petition of the commons , after that imposition had been laid many years before ; and it is to be noted , that this imposition of fourty shillings upon a sack of wooll , was taken and levied above twenty years together , after the new imposition of the demi mark upon a sack of wooll , which was set and established ; for that begun in edw. . and this imposition of fourty shillings continued till edw. . which is a strong argument that the first establishment of the demi mark , was not by a binding act of parliament , with a negative voice , that no other duties should be taken for those merchandizes , as was surmized , but was only a mitigation or reducement of a greater custome paid before , which was done of meer grace , upon some reason of state at that time . chap. xv . of the imposition set and taken by king edward the second . king edward the second , in the beginning of his reign , did as well take the ancient as the new custome upon wooll , wooll-sells , and leather , which ancient custom must needs be intended an ancient imposition over and besides the demi mark , which was then called the new custome , and this appeareth by a record in the tower , ed. . claus. memb. . where the king directeth his writ , collectoribus suis tam antiquae quam novae customae lanarum pellium & corriorum , and requireth them to pay certain debts of his fathers , king edward . out of their old and new customes , and a hundred thousand pound pro damnis occasione retardationis solutionis debitis , &c. and howbeit afterwards , he being a weak prince and misguided by ill counsell , and over-ruled by his unruly barons , was driven first to suspend the payments of his customes of three pence the pound , and other duties contained in charta mercatoria , during pleasure only , as appeareth by his writs of supersedeas , directed to the collectors of his customes , e. . claus. memb. . and after that by an ordinance made edw. . utterly to repeal that charter , and to abloish all other impositions raised or levied since the coronation of his father , ed. . except the customes of the demi mark ; notwithstanding after that , again anno . of his reign , when he wanted money for his expedition into scotland , exquirentes vias saith he in his writ to the collectors of his customes at london , rot. fin . memb. . in archivis turris , quibus possemus pecuniam habere commodius & decentius , tandem de consilio & advisamento quorundam mercatorum inveniemus subscriptum , which was , that he should receive by way of loan forsooth ( which never was repaid ) a greater increase of custom upon all merchandizes imported and exported , for it is expressed in the vvrit , that praeter incrementum de lanis coriis & pellibus lanutis , which was a third part more than the demi mark , viz. twenty shillings for every noble ; the king was to receive for every coloured cloth worth three pound sterling , a noble ; for every other cloath worth fourty shillings , four shillings ; for every peece of scarlet , a mark ; for every tun of vvine , five shillings ; for all forreign commodities called averdepois , two shillings the pound ; all which sums of mony he commandeth the collectors of his customes to collect to his use upon their merchandizes ; which levy or collection , though it bear the name of a loan , being not made by authority of parliament , nor with the consent of the whole cominalty , but taken up by the kings vvrit onely , was nothing else but an imposition laid upon merchandizes by the kings prerogative . chap. xvi . of the impositions laid and levied upon merchandizes , by king edward . king edward the third reigned a full jubilee of years , for he dyed in the fiftieth year of his reign ; and during all this time , as there lay upon him a continuall charge for the continuance of his vvars , so was he continually supplied with his customs and impositions which he had laid upon merchandizes , whereof he was so great a husband , & by reason of his good husbandry spent such huge sums of money , as there went a report in those dayes , that raimundus lullius the famous alchimist , did make that elixer for him , whereas his improving of those duties which were paid for merchandizes , was the true philosophers stone , which did enrich him , and enable him to spend so many millions in his vvars in france . in the first year of his reign , by his wit only , without act of parliament , he gave new life to charta mercatoria , made by edw. . and repealed by edw. . or rather by unruly barons , for the words of the writ are , that the customes and duties payable by the charter , praetextu ordinationum per quosdam magnates in regno nostro factos , ad tempus aliquod cessarunt , & jam adnullatis dictis ordinationibus colligi debent & levari , sicut tempore dicti avi nostri , &c. edw. . rot. fin . memb. . in archivis turris . afterwards the records of this kings time do plentifully declare , that he by vertue of his prerogative , without act of parliament , laid many great impositions , and raised extraordinary profit upon merchandizes , though not alwayes after one manner , yet all the means he used may be reduced unto three kinds . sometimes he did impose certain rates or sums of money upon merchandizes , as fourty shillings upon a sack of wooll , with a ratable proportion upon other commodities , for levying whereof hee only sent out his writs to the collectors of his customes in every port ; and this kind of imposition being of the nature of the impositions now in question , was more usuall and frequent than any other in this kings reign , as appeareth by sundry records in the exchequer , and in the tower of london , e. . rot. . in sccio angliae . e. . rot. parliament . numb. . in arch. turris , e. . rot. . sccio angliae . e. . rot. parliament . , . in arch. turris . e. rot. . in sccio angliae . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . at other times he sent out commissions to take up great quantities of wooll and other commodities , at a low price , set by himself , and transported the same beyond the seas , where he made the best profit thereof , for payment of the wages of his army there , as appeareth by a speciall record in the tower , e. . rot. almaniae pars . numb. . in dorso . these taking prizes of english merchandizes , are the first i find in any record ( for the kings provision of houshold , is of another nature ) but the king took these woolls in point of prerogative , as his predecessors were wont to take prizes of all forein commodities , untill king e. . did remit all prizes to merchant strangers , by charta mercatoria , as is before expressed ; and also such of english merchants as would pay the customes restrained by that charter , were offered the like immunition from prizes , ed. . rot. parliament , numb. . but our english merchants refused the benefit of that charter , and therefore the king it seemeth was at liberty to take prizes of them as well as strangers . the king did many times shut up all the ports , and stop all trade , and then granted licences to all particular persons to transport wool and other commodities , for which licences he took fourty shillings , sometimes fifty shillings for a sack of wool , and the like rate for other merchandizes , and this is manifest by these records , ed. . rot. . in sccio angliae , edw. . rot. parliament . in arch. turris . thus did this warlike and politique prince , king edw. . by his prerogative , without act of parliament , lay sundry impositions and charges upon all sorts of merchandizes ; and although upon petition of his subjects in parliament , when they granted him other aids and subsidies of greater value than these his impositions , he did many times remit and release those impositions , yet did he oftentimes renew the same , or impose the like again , when the aide or subsidy granted in recompence was spent , as shall be shew'd more particularly when i com to answer the objections which have been against his majesties rightfull prerogative , in laying impositions upon merchandizes . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . true it is , that during the reign of these princes , we finde no impositions directly set upon merchandizes by their absolute power or prerogative ; but they did not forbear to lay impositions directly , for that they wanted right so to doe , or because they doubted of their right in that behalf ; for they well knew they had the same right , the same prerogative , and absolute power that their predecessors had ; but because they found other means to make other profit upon transporting of merchandizés , and that in another manner , and in so high measure , as the trade of merchandizes in those daies could hardly bear any greater charge , without danger of overthrowing all trade and comerce : and therefore those princes did in their wisdomes forbear to lay any further impositions by their prerogatives : for these kings who reigned after king edw. . who conquered callis in france , and before queen mary lost callis , had two principal waies and meanes to raise extraordinary profits upon merchandizes , but proceeding from one cause , namely , from establishing the staple at callis ; for king edw. . some few yeares before his death , did by his prerogative in point of government , without act of parliament , erect a staple at his town of callis , and did ordain , and command , that all the merchandizes exported out of england , wales , and ireland , by any merchant denison , or alien , should presently be carried to the staple at callis , and to no other place beyond the seas . this staple at callis was first setled and fixed there by an ordinance which the king made by virtue of his prerogative and absolute power in the government of trade and comerce , without act of parliament : and if this ordinance so made had been thought unlawful , and against the liberty of the subject , it would never have been approved and confirmed by the judgements of so many parliaments in the times of rich. . hen. . hen. . and edw. . neither could there have been such heavy penalties layd by those parliaments upon the transgressors of those ordinances : insomuch as in the time of king henry the sixth , it was made felony to transport any merchandizes to any part beyond the seas but to callis onely . now the staple of callis being thus established , there did arise a double profit to the crown for transportieg of merchandizes over and above the ancient customes and other subsidies granted by parliament . first it came to pass , that the customs and subsidies for merchandizes transported out of england , wales , and ireland , which before was single , and payd but once , that is , upon the outgate ; after the establishing of the staple at callis , the duties for the same merchandizes became double at the least , and for the most part treble , and were ever payd twice , and for the most part thrice ; namely , once upon the outgate in the ports of england , wales , and ireland ; secondly , upon the ingate at callis ; and because all the commodities brought into callis could not be vented into the main land there , but the greatest part was to be exported again by sea into higher or lower germany , and other the north-east countries , and some into spain , and italy , and the hands of the levant , there did arise a third payment of customes and subsidies for so much of their commodities as were exported again cut of callis , by meanes whereof the customes and subsidies did amount to threescore thousand , or threescore and ten thousand pounds sterling , per annum , in the latter times of king edw. . and during the reign of rich. . hen. . hen. . and the beginning of the reign of hen. . as appears by the records of the exchequer of england , which according to the valuation of moneys at this day , the ounce of silver being now raised from two shillings to five shillings , do make two hundred thousand pound sterling , per annum , which doth equal , or surmount all the customes , subsidies , and impositions received at this day , though that plenty of money , and price of all things , and consequently the expences of the crown be exceedingly increased in these times . and albeit the breach of amity between the crown of england and the duke of burgundy , who was the lord of the lower germany , in the weak and unfortunate time of king hen. . did cause a stop of trade between us , and that country into which the greatest part of our staple wares , especially wooll and cloth were vented , and uttered , and was likewise the cause of loss of all our territories in france , except callis , and all the merchandizes thereof , whereby the customes , and other duties payable for merchandizes were in the time of that unhappy prince withdrawn , and diminished to a low proportion ; yet afterwards upon the mariage of margaret , sister to king e. . unto the lord duke of burgundy , as that in honour of the english wooll , which brought so much gold into his country , he instituted the order of the golden fleece ; and thereupon the customes , subsidies , and impositions were raised again to so high a revenue , as our kings could not well , in policy , strain that strength of profit upon merchandizes any higher . secondly , albeit the staple established at callis being first established by an order made by the kings prerogative and absolute power , was afterwards approved and confirmed by sundry acts of parliament , yet did the king by another prerogative retain a power to dispence with that ordinance , and those acts of parliament , and to give license to such , and so many merchants as himself thought fit , to export any merchandizes out of england , wales , and ireland , unto any other parts beyond the seas besides , à non obstante of the first ordinance , and of the statutes which did establish the staple at callis . by virtue of this prerogative and power , the several kings who had callis in their possessions , did grant so many licences to merchants , as well aliens as denizens , to transport our staple commodities immediately into other places without coming to callis , for which licences , whereof there are an incredible number found in the records of england , the merchants payd so dear for their commodities , especially the genoeses , and the venetians , and other merchants of the levant , as by the profits made of those licences did amount to double the value of those customes and subsidies payable for exportation thereof ; and thereof those princes as they had the less need , so had they no reason at all to charge the trade of merchandizes with any other , or greater impositions . in these two points before expressed doe consist the principal cause why the princes of england who succeeded king edw. . who won callis , untill the reign of queen mary , who lost callis , did not directly use their prerogative in setting any other impositions upon merchandizes above the ancient customes and subsidies granted by parliament : for it is to be observed , that most part of those princes who reigned after k. edw. . and before queen mary , had the subsidy of tonnage and poundage granted unto them by parliament , which being added to the gain of the staple of callis , did augment not a little the profit layd upon merchandizes . and may be a reason likewise why those kings did forbear to lay any other impositions by their prerogative . we may adde hereunto other reasons . first , rich. . was a minor , and over-ruled by the great princes of the blood , who would not suffer him to use his prerogative . secondly , that during the wars of lancaster and york there was no fit time to make use of that prerogative , while both parties did strive to win the favour of the people . thirdly , that king hen. . had much ado to settle himself in the quiet possession of the kingdome after those troubles . fourthly , that king h. . had such a mass of treasure left him by his father , and did so inrich himself by dissolution of abbyes , as he had no need to make use of this prerogative . fiftly , that k. e. . was also a minor , and that his chiefest council did more contend to advance their own houses than the kings profit . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . queen mary , in whose time the town of callis was lost , and consequently the benefit of the staple at callis was lost , did by her absolute power , as appeareth by the report of the lord dyer , eliz. dyer . raise an imposition upon clothes , viz. six shillings and eight pence upon every cloth , over and above all customes and subsidies . true it is , that the merchants petition'd to be disburthened of this imposition , which was referred to the consideration of the justices , and other ; whereupon they had many assemblies and conference , as that book reporteth : and albeit the resolution of the judges in that behalf be not found in that book , it is to be presumed , that they adjudged the imposition to be just and lawfull , because it was continued and answered during all the reign of queen mary . this queen mary likewise by her preroonely , layd an imposition of four marks upon every tun of french wines over and above the prizage and buttlerage , which during her life time was payd without contradiction . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . queen elizabeth also by virtue of the same prerogative , did not only continue the impositions layd by queen mary upon cloths and french wines , but did raise other impositions of sundry sorts of merchandizes by the same absolute power ; namely , upon every tun of sweet wines , upon every tun of rhenish wines , upon every kental of allom , which during the time of the prudent princess were payd and received without question . besides , the same queen , upon complaint made unto her in the twelfth year of her reign , that the state of venice did impose one ducket upon every hundred of currans exported out of their dominions by the merchants of england , did by her letters patents , grant unto the english merchants who traded into the levant , that they only , and their assigns , might bring currans into england . the english merchants having this privilege , did take five shillings and six pence upon every hundred waight of currans brought into england by strangers , which was duly payd , although it was taken by the merchants by virtue of their privilege only of fortiori ; yet it ought to have been payd if it had been payable to the queen her self , as the lord chief baron fleming did observe in his argument of bate's case of currans in the court of exchequer in england . chap. xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . his majesty likewise when he came to be king of england finding his crown to be seized of this prerogative , and finding withall the necessary charge of the crown exceedingly to increase , did for the supportation thereof , not onely continue the impositions layd by queen mary , and queen elizabeth , but also layd new impositions upon sundry sorts of merchandizes , over and above all customes and subsidies formerly due and payable for the same : and these are the impositions now ; the principal of these is twelve pence upon the pound , or a second poundage set upon merchandizes as well exported as imported , by letters patents . iuly , in the sixth year of his majesties reign ; but how is it set and imposed , surely with such moderation , and limitations , and such receptations full of grace and favour , as no monarch or state in the world did ever impart to their subjects the like in the like case ; for , besides other gracious clauses contained in the same letters patents , all commodities serving either for food , or sustenance of the kings people , or seting the poor on work , or for munition or defence of the realm , or for maintainance of navigation , or which especially tends to the enriching of a kingdome , are excepted and discharged by this imposition . as for the special impositions which his majesty hath set upon certain forrein commodities , as currans , logwood , tobacco , &c. as touching the first of these , the imposition hath been adjudged lawful in the court of exchequer of england : and for the other commodities , they are of such nature , as no man ever made question but that the impositions set upon them were lawful . besides these impositions layd in england , his majesty by his prerogative onely , since the beginning of his reign , received the impost of wines in ireland ; and hath likewise , to make equality of trade in that realm , layd an imposition of twelve pence on the pound of all other merchandizes imported and exported out of the ports of dublin , waterford , drogheda , and galway , the citizens of which cities and townes are exempted and discharged of poundage granted by act of parliament there , which imposition was never impugned in ireland , but hath since the setting thereof been levied and payd without contradiction . and that wee see how long the crown of england hath been seised of this prerogative , in laying impositions upon merchandizes , and how the same hath been put in practice by the most prudent princes since the conquest . chap. xxi . the general reasons whereupon this prerogative is grounded . although it be a matter of difficulty , and doth savour withall of curiosity and presumption , to search a reason for every prerogative that is incident to the crown ; for sacrilegii est disputare de principis facto , saith the imperial law ; and scrutator majestatis opprimitur à gloria , saith the wise man : yet the reasons whereupon this prerogative is grounded are so many , and manifest , as it were not amiss to collect the principal of them , rather for the confirmation , than the satisfaction of such as have moved this question touching the lawfulness of impositions layd by his majesty upon merchandizes . first , the king is the fountain of all justice , and therefore the first reason drawn from the kings charge in doing justice , and procuring justice to be done to merchants , not onely distributive justice , wherein consisteth praemium and paena , but cōmutative justice is also derived from the king . now his majesty doth exercise commutative justice chiefly in the ordering and government of trade and comerce , wherein hee is to doe justice , or to procure justice to be done to his subjects , who do make contracts real and personal within the land : but to his merchants that trade and traffique with forrein nations , and to strangers that trade & traffick with us , for the administration of cōmutative justice within the land , the king receiveth sundry profits , which grew first by way of imposition . a man cannot recover a debt in the kings court , but first he payeth the king a fine for his first process : land cannot be conveighed by a common recovery but a fine for the original must be payd to the king . neither can land be passed from one to another by fine in the kings court , but the kings silver must be payd , pro licentia concordandi . adde hereunto the profit of the seals in all the kings courts , for all manner of writs : and yet the king in charta magna did promise , nulli negabimus , nulli vendemus iustitiam vel rectum ; but the kings taking of these , and the like duties , is no breach of the great charter , for that the same was imposed by the king long before the charter was made and taken , ut ministerii sui stipendia , as the schoolman speaketh ; and withall to recompence the charge of the crown in maintaining the court of justice : see bodin lib. . de repub. cap. . where hee speaketh of the like profit made upon the process in france : and shews that the antient romans did the like : and the emperour caligula took the fortieth penny of that which was demanded in every several civil action . if then such profits be taken for the king in his courts of justice within the land , towards the charge which he sustaineth in the maintainance of these courts and the offices thereof , which duties were at first limitted and imposed by the king himself without any act of parliament ; for who ever heard of an act of parliament whereby the same were granted ? is there not as good reason why the charge of the king in doing justice , and procuring justice to be done unto merchants , whose residence and comerce is for the most part out of the land , should be recompenced out of merchandizes imported , and exported , not according to the will of the merchant , and pleasure of the people , but proportionable according to the kings charge , which being best known to himself , it is most meet that the recompence should be limitted by himself ? touching the charge of the king in doing , and appointing justice to be done to merchants ; are not all leagues , truces , and treaties of state with forein princes , wherein the publique trade and comerce of merchants are ever included , concluded , and made at the kings charge ? did not the kings council of state , and high court of chancery give more speedy hearing to the causes of merchants than to the causes of other subjects ? doth not the king maintain a court of admiralty for deciding of marine causes , which doe for the most part concern merchants ? doth he not bear the charge of several leiger ambassadors in italy , in spain , in france , in the lom . countries , in turkie , whose principal negotiation doth consist in procuring justice to be done to our merchants ? and if our merchants doe suffer wrong in any forein country by reason of any defective neglect in doing justice there , doth not the king by his prerogative grant them letters of mart , or reprisal , that they may right themselves , which is a species justi belli , as the civilians call it ? and if the injury done to the merchants bee multiplyed and continued with a high hand , is it not the kings office to denounce and prosecute war against such a people as doth refuse to doe justice unto his merchants ? for this cause the romans began the first punick war , saith appian , cicero in his oration pro lege manlia , affirmeth , populum romanum faepe mercatoribus injuria suis tractata bella gessisse . briefly , the plenty of money being greater in this age than ever was there by reason of so many millions of gold and silver brought from the indies into europe , and the price of all merchandizes being withall greatly enhanced , and the charges and expences of princes exceedingly encreased , is it meet or just that : the king at this day should be stinted or bound to that old demimark onely for native commodities , or the three pence of the pound for the forein commodities which edw. . was content to accept of four hundred years since , or a single poundage onely , which in the time of king edw. . was not sufficient to maintain the necessary charges of keeping the sea , as the acts of parliament , . edw. . cap. . which granteth that subsidy to the king , reciteth all the kings charge in supporting the trade of merchants being unlimited , and infinite : and shall the duties payable for merchandizes be stinted and restrained to such a proportion only as the subject shall bee pleased to grant unto him ? assuredly if the king had not a prerogative of his own absolute power without act of parliament , to increase the duties payable for merchandizes at this day , a merchants counting-house would be richer than the kings exchequer ; and the subject who may live privately , and moderate his expenses , and yet raise the fines of his coppy-holds , and rents of his demeans without controlement , would be in better case than the king , who by reason of the majesty of his estate cannot abridge his charges , and yet should have no power of himself without leave of his subjects to increase his revenue . again , the king is not only at charge in doing of justice to his merchants at home , and in procuring justice to bee done to them abroad , but he doth withall maintain a royall navy of ships , the best , the fairest , the strongest in the world at this day , to protect all merchants from spoyl and piracy on the sea . in the maintainance of this navy , the king doth expend more treasure than the whole revenue of some of his predecessors did amount to . and he doth not onely secure merchants by sea , but he gives them safe conduct by land also , as appeareth by the great charter : so as they may well give our king that title which virgil gives to the king of bees , ille operum custos : and seeing merchants are most likely resembled to those industrious creatures , because they bring the hony to the kings hives , to wit , to his havens and ports , where they , and their merchandizes bee protected and reserved , why should they not imitate the bees in observing their king , and in making him partaker of the fruit of their labours ? neither is it a new thing , or an invention of this age , to lay impositions upon merchants for their waftage and protection at sea ; for plinius tels us , lib. . cap. . merces praetiosae ut ex india , arabia , ethiopia , tuto in europam à mercatoribus conveherentur , necessariò classem parandam esse adversas piraticas incursiones , inde maritimi exercitus habendi causa vectigal rubri maris institutum . a third reason drawn from the interest the king hath in the parts of the kingdom , and the custody thereof , which giveth him power to shut and open the same at his pleasure . again , all the ports of the kingdome are the kings , not onely the cinque-ports , which have a special warden appointed by the king , but the rest of the ports are also his , and many of them bear a mark of the kings inheritance in their additions , as linn regis , waymouth , melcombe regis , pool regis ; for the king is custos totius angliae regni ; as the four seas are the walls of the kingdom , so the havens and creeks are the gates , and posterns of it . they are ostia , they are ianua regni ; and we find two ports in italy called by those names , the one at the mouth of tiber , the other corruptly called genoa , but the true name thereof is ianua . and as the havens are ianua regni , the king himself is ianus , and hath power to open and shut them at his pleasure . omnia sunt nostra clausa patentque manu . saith ianus in the poet . and again , modo namque patulchus idem & modo sacrifico clusius ore vocor . the king of england hath ever had this prerogative incident to his crown , to shut and open the ports when it pleased him , as appeareth by many records , especially by the parliament rolls in the time of king edw. . wherein are found many petitions that the sea might be open , which during that kings time was often shut by virtue of his prerogative only , and never fully opened again , but when the king layd an imposition upon merchandizes . and this prerogative of custody of the ports , and of shutting and opening the same , is reserved unto the crown upon an excellent reason : for trade and comerce is not fit to be holden with all persons , neither are all things fit to be imported or exported : for such persons as are enemies to the crown , & come to discover arcana regni , such persons as come to corrupt religion , or the manners of the people , such persons as under colour of merchandizes come to set up monopolies , or a dry exchange to drain or draw away our commodities or money out of the kingdom , are not fit to enter in at the gates of the kingdome . and again , such commodities as the kingdom cannot spare , as corn in time of dearth , and such as may advantage our enemies and hurt us in time of warre , as horses , armor , gunpowder , &c. are not fit to be exported out of the realm : and poysons , heretical books , and other things which are apparently hurtfull to the people , are not to be imported ; and therefore the prerogative of opening and shutting the ports is accompanied with another absolute power , of stoping and imbarring of trade & comerce , sometimes generally , sometimes between us and particular nations , and sometimes for particular merchandizes only , whereof there are many presidents and examples both in records and histories of our nation , edw. . rot. parliament . m. . in archivis turris . edw. . rot. fin . m. . ibid. edw. . chaunc . m. . in dorso ibid. hen. . sccio angliae , matthew paris hist. magna p. . hen. . stow. and this prerogative of imbarring trade , doth result out of the undoubted prerogative which the king hath to make peace and war with forein nations , for open war is no sooner denounced , but all trade of merchandize is stopt and imbarred between the nations which are ingaged in the warre , durante bello inter reges christianos merces quascunque exportare vetamur ne regni arcana scrutentur , saith a doctor of the imperiall law ; whereupon wee make this argument , that since the king hath absolute power of shut the ports , and stop trade , it standeth with as good reason that he shold have the like power to lay reasonable impositions upon merchandizes for opening of the ports , and for giving of freedome of trade again ; he that may doe the more , may doe the lesse , non debet ei cui id quod majus est , id quod minus est non licere , saith the rule of the law ; hee that may prohibit merchants not to trade or passe , may dispence with that prohibition , and give them leave to go and traffique sub modo . again , the king of england is dominus maris , which floweth about the island , as divers ancient books and records do testifie , as fitz avowry . rich. . protection . . rot. scotiae . m. . in arch. turris . and he is lord of the sea , not only quoad protectionem & jurisdictionem , sed quoad proprietatem , and this is our neptunes trident , for god gave unto man as well the dominion of the sea as of the earth , where it is said , gen. . replete terram & subjicite eam , & dominamini piscibus maris , &c. and in psal. . omnia subjecit pedibus ejus , pisces maris & quicquid perambulat semitas maris . and therefore baldus affirmeth , de jure gentium distincta esse dominia in mare sicut in terra arida , and again , mare attribuitur terrae circunstanti . hence it is , though there be but one ocean , in resepct wherof the whole earth is quasi insula , saith strabo , yet is there mare gallicum , sardicum , creticum , aegypticum , & oceanus britanicus , germanicus , &c. which particular names do note a propriety in the princes and states , who are lords of the land adjoyning . hence it is that our common law doth give unto our king all the land which is gained from the sea , which stampford in the book of the kings prerogative doth affirm to belong to the king , de jure gentium , quia mare seu particula maris est de territorio illius civitatis vel regni cui magis appropinquat , saith one learned doctor , mare se extendit cum aquae sint mensurabiles , saith another ; hence it is , that all navigable rivers , as the river of thames , and the river of lee , and divers others , are called in our books , the kings streams , . ass. p. . dyer . a. because such rivers are arms of the sea , so far as the sea doth flow in them , . ass. p. . and lastly , hence it is , that by the common law , the king may prohibit all subjects whatsoever to passe over the seas without his licence ; and to that end in edw. . the king commanded the warden of the cinque ports , and the bailifs of all other ports of the kingdom , that they should not suffer any man , ship , or boat , to passe beyond the seas , quousque rex illud mandaverit , and the like commandments were given , edw. . edw. . rich. . hen. . if therefore the king hath such an absolute interest in the ports , and in the sea , and in all navigable rivers wherein the kings ports are situated for the main part , why should he not have the like absolute power to limit and prescribe unto merchants what duties they shall pay , and upon what terms and conditions they shall passe to and fro upon the seas , and come in and out of his streams and ports with their ships and merchandizes ? podagium in mari debet solvi sicut in teria si sit impositum per dominuni maris , saith baldus , and the rights belonging to the lord of the sea , saith another doctor , are ius navigandi , jus piscandi , jus imponendi vectigalia pro utroque . again , the kings of england have the like prerogative in the government of trade and comerce belonging to this kingdome , as other princes and states have within their dominions ; he must of necessity have the like absolute power as they all have to lay impositions upon merchandizes imported and exported , otherwise he cannot possible hold the ballance of trade upright , or perserve an equality of traffique between his own subjects and the subjects of forein princes , and consequently it will lye in the power of our neighbours to drain and draw away all our wealth in a short time , or else to overthrow all trade and comerce between us and them at their pleasure , and we shall have no means to encounter or avoid the mischief ; for their princes , having sole power to impose , will have the sole making and managing of the market between their subjects and us , and consequently may set what price they please upon all merchandizes , enforcing us to sell our commodities cheap , and buy their commodities dear , onely by this advantage of laying impositions . and therefore the king of england must of necessity have the same absolute power to lay impositions upon merchādizes , as other princes have , as well , ut evitetur absurdum , as to prevent the ruin of the common-wealth , by the equall ballancing of trade & comerce between his subjects and the subjects of forein princes . upon this reason when the duke of venice , in the time of q. eliz. as is before expressed , had laid an imposition of one ducket upon a li. weight of currans carried out of his dominions by any english merchant , the queen by speciall patent in the twelfth year of ●●e reign , did enable the merchants which did trade into the levant , to levie five shillings and six pence upon every livre. weight of currans brought into england by any merchant stranger . upon the like reason , when in the time of king hen. . the emperor and the freneh king had raised the valuation of their monies both so high , as there grew not only an inequality of trade between their subjects , and the subjects of england , but our monies standing at their former values , were carried out of the realm in great quantities ; the king in the year of his reign granted a commission unto cadinall woolsey to enhance the values of english monies likewise , by that means to set ballance of trade even again , and to keep our monies within the realm . upon the same reason of state , when the king of spain that now is , in the year . had laid an imposition of thirty upon the hundred on all merchandizes imported and exported by strangers ; the french king hen. . was quickly sensible of it , and did forthwith impose the like in his kingdom ; then it followed of necessity that other nations should follow and imitate them , whereby it came to passe that comerce of merchants generally throughout christendome , began to decay , which being perceived by these two great princes , they agreed to take away those excessive impositions , upon severall treaties between them and the italians , and after between them and the english , and the dutch . briefly we find examples in all ages , that whensoever by reason of warre , or for any other cause , any forein prince gave the least impediment to merchants in their trade , our princes gave the like entertainment to their merchants again ; this is declared in magna charta , cap. . where it is plainly expressed what entertainment the merchants of all nations should expect in england , habeant salvum & securum conductum ( saith the charter ) praeterquam in tempore guerrae & si f●●rint de terra contra nos guerrina , then as our merchants are used with them , so shall their merchants be used with us , edw. . the countesse of flanders having arrested the goods of the english merchants there , the king in recompence of their losses , granted unto them all the goods of the flemings in england , whereof there is a notable record mentioned before , edw. . pat . m. . in arch. turris . there are many other examples of mutuall embarments of trade between the flemings & us , and also between us and the french men during our wars with france , which i omit ; i will recite onely one president in the year of queen elizabeth , at which times the merchants of the haunce towns having by sinister information procured the emperour to banish our english merchants out of the empire ; the queen by her speciall commission , did authorize the mayor and sheriffs of london to repair to the still-yard , being the hostell of the haunces , to seize that house into her majesties hands , and there to give warning to the merchants of the haunce towns to forbear traffique with any of her subjects in england , and to depart the realm upon that very day , which was assigned to our merchants to depart out of the empire . lastly , for the ordering and government of trade among our own merchants in forein countries and at home , our kings by their prerogatives have instituted divers societies and companies of merchants , as the company of merchant-adventurers , the muscovia company , the turkie company , the east india company , &c. all which are created , upholden , and ruled , by the kings charter only ; whereupon i may conclude , that the kings of england having the same power in governing and ballancing trade , as other princes have , may justly execute the same power , as well by laying impositions upon merchandizes , as by the other means which are before expressed . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . the first objection touching the property which all free subjects have in their goods . first , it is objected , that under a royal monarchy where the prince doth govern by a positive law , the subjects have a property in their goods , and inheritance in their lands ; ad reges potestas omnium pertinet and singulos proprietas , so as the king hath no such prerogative , say they , whereby he may take away the lands or goods of a subject without his consent , unless it be in a case of forfeiture . and therefore though samuel foretold the people when they desired a king , hoc erit ius regis , tollere agros vestros , & vineas , & oliveta , & d●re servis suis : yet ahab , though he were a wicked king , did not claim that pretogative when he coveted naboths vineyard , neither did he enter into it untill naboth by false witnesses was condemned and stoned to death for blasphemy , and then he took it for a lawfull escheat ; but when the king doth lay an imposition upon merchandizes without the consent of the merchants , and doth cause the officers of his customes to take and levie the same ; it seems say they , they take away the goods of the subject without his consent , and without cause of forfeiture , which is not warranted either by law of nations , which brought in property , nor by the law of the land , which doth maintain property . chap. xxiii . the answer to the first objection . to this objection we answer , that the king doth not take the land or goods of any without his consent ; but here we must distinguish , there is a particular and expresse consent , and there is an implicit and general consent , when a man doth give his goods , or surrender his lands to the king by deed enrolled , or when in parliament which representeth the body of the whole realm , and wherein every man doth give his consent , either by himself , or his deputy . a subsidy is granted to the king , there is an expresse consent ; but when subjects who live under a royall monarchy , do submit themselves to the obedience of that law of that monarchy , whatsoever the law doth give to that monarch , the subjects who take the benefit of the law in other things , and doe live under the protection of the law , doe agree to that which the law gives by an implicit and general consent , and therefore there are many cases where the king doth lawfully take the goods of a subject without his particular & expresse consent , though the same be not forfeited for any crime or contempt of the owner . if a theef do steal my goods and waive them , the king may lawfully take those goods without my particular consent , and without any fault or forfeiture of mine ; but in regard i live under the law , which giveth such wayves unto the king , he taketh not the same without my implicit consent ; so if my horse kill a man , the king may lawfully take my horse a deodand without my fault or consent in particular ; but in that i have consented to the obedience of the law which giveth all deodands to the king , he taketh not my horse without the implicit or generall consent of mine . in the time of war the king doth take my house to build a fort , or doth build a bulwark upon my land , he doth me no wrong , though he doth it without my consent , for my implicit consent doth concur with it , for that i being a member of the common-weal , cannot but consent to all acts of necessity tending to the preservation of the common-wealth . so if the king doth grant me a fair or market , with a power to take a reasonable toll ; if a man will buy any thing in my fair or market , i may take toll of him , though i give no particular consent to the grant , because the law whereunto every subject doth give consent and obedience , doth warrant the taking of toll in every market and fair granted by the king . so it is in case of impositions , the law doth warrant the kings prerogative to impose upon merchandizes , as is before declared , and therefore though the merchants give not their particular consents to the laying of these impositions , yet in regard they live under the protection and obedience of the law , which submits it self to this prerogative , and allow and approve the same ; it cannot be said that the king doth take these impositions of them without their implicit and generall consent . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . the second objection is against the uncertainty and unlimited largenesse of this prerogative , for in other cases they say , where the king taketh the goods of a subject by his prerogative , there is a certainty what he may take , as in the case of wayvs , he may take onely the goods wayved , and no more . in case of deodand , he may take only the thing that causeth the death of a man , and no more . in case of wreck , he may take only the goods that are wreckt , and no more . in case of wardship of land holden in capite , the king may take the profits of the land , till the heir sues his livery , and no longer . in case where the king hath annum diem & vastum , hee may retain of the lands of the felon attainted , which are holden of other lords for a year and a day , and no longer . in all these cases there is a certainty what the king shall have , and how long he shall have it ; but in case of imposition , the quantity or rate thereof high or low , is left to the kings own will or pleasure ; so as if he should be mis-led , as many princes have been , with evill counsell , he might with his prerogative doe hurt the cōmon-wealth , by laying too heavy burthens upon his subjects ; for though hetherto his majesty hath imposed upon merchandizes only twelve pence on the pound over and above the ancient custome and the subsidies granted by parliament , yet this prerogative being unlimitted , he may hereafter ( say they ) set five shillings or ten shillings upon the pound , if it please him , and so undoe the merchants , or discontinue and overthrow all trade and comerce . chap. xxv . the answer to the second objection . to this objection the fittest answer is , that it is an undutifull objection , and withall too busie , too bold , and too presumptuous ; for it is an objection against the wisdome of the king in point of government , and against the bounty and goodnesse of the king towards his people : the text of the civil law cited before , doth call it a kind of sacrilege to dispute of princes judgments or actions ; and for the law of england , sure i am , that it trusteth the wisdome and judgement of the king alone in matter of greater importance than in laying of impositions , or setting of rates upon merchandizes . is not the kings wisdome only trusted with the absolute power of making war and peace with forein nations , whereby hee may when hee pleaseth interrupt all trade of merchandizing ? is not the king alone trusted with the like power of making and decrying of monies which is the onely medium of all traffique and comerce ? is not he solely and without limitation trusted with the nomination and creation of all judges and magistrates , who are to give judgement in cases concerning the liberties , lands , and lives of all his subjects ? hath not he a sole and unlimited power to pardon all malefactors , to dispence with all penal laws , to distribute all honours , to grant to whom he pleaseth protections , denizations , exemptions , not only from juries , but from all other services of the common-wealth ? and yet these prerogatives if the same be not used with judgement and moderation , may prove prejudicial to the common-wealth , as well as the laying of impositions upon merchandizes . shall therefore any undutifull subject make these conclusions ? the king may have a continuall warre with forein states and princes , and so continually corrupt all courses of merchandizes , ergo , he shall lose his prerogative of making war or peace , when himself in wisdom shall think fit so to do . the king may decry all monies of gold and silver in bullion , and establish a standard of copper or leather ; therefore he shall coyn no monies without the consent of the people . the king may if he please , break up all the prisons , pardon all offenders , and so give impunity to all offenders ; ergo , he shall pardon no malefactors by act of parliament . these are found absurd , or rather wicked conclusions , à posse adesse is an absurd argument , but à posse & nolle nobile est . the law presumes the king to be so noble and so wise , that all acts done by him , or in his name during his infancy , are of as good force in law , as if the law had bin done in his ripest years . the law presumes the king to be most just in all his actions , & therfore it hath these rules ; the prerogative of the king can do no wrong , the king can commit no disseisin , the king can make no discontinuance , and the like , cor regis in manu domini , saith solomon , and therefore the law presumeth , that god will ever direct him to that which is just ; is it not then too much curiosity to instruct where the law trusteth , and too much presumption to presume against the presūption of the law , especially in the time of such a king who is the wisest , and justest , the most religious , and most gracious king that ever reigned in europe ? can any man imagine that so great a master in the art of government , the most prudent king of great britain & ireland , the two greatest islands in this hemisphere , and seated most commodiously for traffique , which all the world knowing that the duties paid unto him for merchandizes , are the most certain , settled , and assured , and withall the best and richest part of his revenues at this day , will lay heavier impositions upon merchandizes than they are able to bear , and so destroy all trade and comerce ? when king hen. . his most prudent predecessor , did lend money to his merchants to maintain traffique , will he for a little extraordinary profit for the time present , pluck up at once the root , and dry up the fountain of this revenue for the time to come ? it is unprobable , it is uncredible , it is impossible ; but suppose that this is credible , that the king should lay such heavy impositions upon merchandizes , as all merchants should refuse to traffique , who should lose most by that , the king or his people ? assuredly hee should suffer an exceeding great losse in his customes ; but we that are of the commons should save by it , having all things necessary for the life of man within the land , which is . terra suis content a bonis , non indiga mercis . we should spare these vain expences which we now make upon forein commodities , namely cloath of gold , cloath of silver , silks , spices , wines , and many other superfluous & unnecessary things , which doe nourish pride , and luxury , riot and excesse amongst us , which corrupt our manners , and in the end will be the ruin of the common-wealth ; i may therefore conclude this point , that since the king hath power by his prerogative to lay impositions upon merchandizes , he hath also a power coincident thereunto , to limit and rate the proportion and quantity thereof , according to his own wisdom & reasons of state , from time to time ; for either the king must set down the rates , or the people , or the king and people both by act of parliament ; but if the people will not assent or agree to a reasonable limitation thereof in parliament , shall the king lose those royal duties which all other kings do take by vertue of their prerogative ? it were most unreasonable , absurd , and unjust . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remitall of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procurtng impositions to be set up . thirdly , it is objected , that this prerogative of laying impositions upon merchandizes , hath never at any time been set a foot and used by any of his majesties progenitors , but it hath been contradicted , and upon petitions of the people , such impositions have been suspended , remitted , and abolished ; first , king edw. . say they , in the year of his reign , did by his charter called mercatoria , spoken of before , lay the imposition of three pence in the pound , now called the petty-custome , with an increase of other duties upon merchandizes imported by strangers ; howbeit , this imposition stood not above seven years by vertue of that charter , but it was discontinued and quite taken way ; for in edw. . the charter it self was suspended by the kings writ , edw. . claus. m . in arch. turris , and edw. . it was utterly repealed by a solemn ordinance of state , rot. ordina . edw. . in arch. turris . secondly , king edw. . did at sundry times during his reign , lay severall impositions upon woolls and other staple commodities , sometimes fourty shillings , sometimes fifty shillings upon a sack of wooll , and other the like rates upon merchandizes , yet could be never fix nor settle the same upon his subjects ; for upon sundry petitions of the commons in parliament , who found themselves grieved therewith , these impositions were from time to time remitted , edw. . rot. parliament . in arch. turris . edw. . cap. . edw. . rot. parliament . numb. . ed. . rot. parliament . numb. . again , the same king many times did shut up all the ports , and thereby restrained the exportation of merchandizes ; then would he take great sums of money to grant licences to transport , which proved as great a charge as impositions , and yet upon sundry complaints of the people in parliament , the sea was set open , and liberty of trade permitted again , stat. edw. . cap. . edw. . rot. parliament . numb. . in arch. turris . edw. . in sccio angliae . rot. . edw. . rot. parliament . numb. . in arch. turris . lastly , in the last year of this kings reign , divers persons were accused and punished in parliament , for procuring new impositions to bee set upon merchandizes , namely , the lord latimer , who albeit he were a noble man , and a privy counsellor to the king , yet was he fined , committed to the mashalsee , and put out of the council , edw. . rot. parliament . nu . in arch. turris . richard lions likewise , a citizen of london , and farmer of the customes , an instrument of the l. latimers in raising the new impositions , was fined , ransomed , and imprisoned , and put from the franchise of the citie . edw. . rot. parliament . numb. . in arch. turris . and one iohn peachy , who had gotten a monoply of sweet wines , by letters patents , and by colour thereof had extorted three shillings and four pence out of every pipe or vessell of wine vented by others , was also fined and imprisoned , and made satisfaction to the parties grieved , edw. . rot. parli . numb. . and more than this , a bill was preferred by the commons in this parliament , that such as should set new impositions , should have judgement of life and member , edw. . rot. parliament . num . . in arch. turris . these examples strook such a terrour at that time , as from the time of king edw. . till the reign of queen mary , being a hundred and fifty years and upwards , there was no man found that would advise the king of england to set or levie any impositions upon merchandizes by prerogative , and therefore we find no imposition laid upō merchandizes all that space of time ; queen mary indeed began to set on foot this prerogative again , and laid an imposition of three shillings and eight pence upon every cloth transported out of the kingdome ; but what doth the lord dyer report , eliz. f. ? the merchants of london ( saith he ) found themselves greatly grieved , and made exclamation and sute to queen elizabeth to be disburthened of that imposition , because it was not granted by parliament , but assessed by queen mary her absolute power ; these frequent petitions , complaints , and exclamations , these suspensions and remitalls of impositions , are good arguments ( say they ) against the right of this prerogative . chap. xxi . the answer to the third objection . this objection consisteth of several parts , and shall recieve an answer consisting of divers parts ; the first part of this answer , king edw. . being a prudent and resolute prince , did not onely impose the three pence upon the pound upon merchant strangers , by his charta mercatoria , but justified and maintained that imposition during his life . true it is , that after his death , king edw. . it was repealed , as is before objected ; but whose act was this ? by whom was this ordinance made , which did repeal this charter ? not by the king and his parliament , but by certain rebellious barons , who took upon them the government of the realm , and called themselves ordainers ; wherefore king edw. . in the first year of his reign , did revive that charter , and commanded by his writ that the customes and duties therein contained should be collected and levied to his use ; he maketh mention of these ordinances of edw. . and saith the same were made per quosdā magnates , and not by the king , as appeareth by the record , edw. . rot. fin . memb. . in arch. turris , which in another place before i have recited , by which record it likewise appeareth , that those ordinances edw. . were before that time repealed and made void , and therefore that which was done in that time of that unfortunate prince , over-ruled by his unruly barons , is not to be urged and used as an example , especially since they that urge this repeal of charta mercatoria , might , if they would find any thing which makes against their contradicting humour , find in the said roll of ordinance , made in edw. . divers arcles wherein those ordainers did wrong and wound the prerogative in matter of greater importance than in the repeal of that charter , for they might have found among the same ordinances these things ordained . first , that the king should not make gifts of lands , rents , franhises , wards , or escheats , without the consent of the ordainers . secondly , that all gifts and grants formerly made by the king , not only of land and other things in england , but in gasconie , ireland , and scotland , should be resumed and made void . thirdly , that the king should not depart out of the realm , nor make warre , without the assent of his barons , and of his parliament . that because the king was misguided and counselled by evill counsellers , it was ordained , that all his counsel should be renewed , and new officers and servants appointed for him . these traiterous ordinances were made against the king at that time , and therefore it is a shame that any part of these ordinances should be made an argument against the right of the crown in laying impositions upon merchandizes ; for with the same reasons they might argue the king had no right to grant his lands , rents , wards , or escheats , that he might not go out of the realm , nor make warre , nor choose his own counsellers or servants without an act of parliament ; and it is manifest , that those factious barons did cause the king to forego the said impositions , rather ad faciendum populum , and to gratifie the cōmons , and to draw them to their party , than for the good of the cōmon-wealth ; for if they had been good counsellers they would have done as the senate of rome did , when nero in a glorious humor to please the people , would needs have discharged at once all customes and impositions ; the senate gave him thanks for his favour towards the people , but utterly diswaded him so to doe ; telling him , that in so doing , he would ruine the state of the common-wealth ; for indeed no common-wealth can stand without these duties , they are nervi , they are succus & sanguis reipublicae , and therefore no cōmon-wealth was ever without them , but the imaginary common-wealths of plato and sir thomas more , for they doe both agree ; for in the common-wealths of which they dream , there was nothing to be paid for merchandizes exported and imported . but to return to king edw. . what followed upon the repeal of charta mercatoria , and the discharge of impositions which king edw. . established ? was not that poor prince king edw. . enforced to take up great sums of money of his merchants , by way of loan , which he never repaid again ? edw. . rot. fin . m. . whereby the merchants received a greater detriment than if they had made a double payment of customes and impositions which the king had discharged , and therefore the example of this weak prince doth make but a weak argument against the right of the crown , in laying impositions upon merchandizes ; and here i think it fit to observe that they were all wise and worthy princes which are spoken of in former ages , to have laid impositions upon merchandizes , namely solomon in the holy land , iulius caesar and augustus caesar in the empire , king ed. . and king ed. . in england ; but on the other part , they which released all customes and impositions , were but weak princes , and destroyed themselves and the common-wealth wherein they lived ; namely nero in the empire of rome , king edw. . and king rich. . with us ; and truly by the rule of our common law , the king cannot , if he would , release all subsides and aids of his subjects , that they should be for ever discharged of all subsidies to be given to the crown , such a grant were made void , and against the law . secondly , touching the petitions exhibited to the king in sundry parliaments , against impositions laid by that king upon merchandizes , upon view of the record wherein these petitions are contained , with their answers made by the king thereunto , it is evident , that neither the petitions of the people , nor the kings answers thereunto , do disprove this right of the crown to lay impositions upon merchandizes ; for petitions do not of necessity prove or suppose the petitioners have received wrong ; petitions are of divers kinds . . there are petitions of grace , which do not insist upon any right , but upon meer grace and favour . . there are petitions of right , wherein the petitioner doth set forth a pretended right , and yet perhaps upon examination it is found that they have not right at all , and commonly they ask more than their right is , iniquum pet as ut aequum fer as . . there are petitions armatae , when a company of rebels armed against the crown , do yet preferre their petitions , but with an intent to effect their desire , whether it be right or wrong , if their petitions be not granted , et stricto supplicat ense petens , many of their armed petitions were exhibited during the barons wars , during the wars of lancaster and york , and in sundry popular comotions since the conquest ; but these petitions which we speak of were made by the commons , or by some factious spirits , in the name of the commons , in sundry parliaments holden during the reign of king edw. . howbeit , if wee look upon the form of these petitions , we shall find there is nothing sought but grace and favour ; and if we consider the kings answers , though many of them be very gracious , we shall find him therein much reserved , and withall circumspect not to prejudice or conclude his prerogative in point of right ; the form of these petitions was for most part but thus , the commons pray , that the imsitions or maletolt of fourty shillings upon every sack of wooll may cease or be taken away , and that the custome of the demi mark may onely be taken : or thus , the cōmons pray , that the passage of the sea may be open to all manner of merchants and merchandizes , as it had been in former times ; herein we find no claim or challenge of right , but a modest prayer of grace and favour , unlesse the word mayletolt may seem to imply a wrong , because some do conceive that the word doth signifie an evil toll , wheras indeed the word doth signifie toll-money , for mayle in old french is a small peece of money , and therefore the rents taken by force in the borders of scotland , was called blackmayle , and the word mayletolt , in some of our old statutes is taken in bonam partem , which speaks of droiturell mayletolts . but in what form doth edw. . make his answers to those petitions ? in divers formes , according to the diversity of the occasions & reasons of state , but alwayes in a gentle and gracious manner , sometime he granteth the petition in part onely , for a certain time , or after a certain time expired , that his people may know , that as he receiveth part of the petition , so he might have rejected the whole if he might have been so pleased ; sometimes he granted the whole petition , yet not absolutely but conditionally , that hee may receive a greater recompence ; but wheresoever he doth franckly yeeld to remit any imposition , we find in the same record a subsidy granted unto him of far greater value and profit than the imposition by him remitted , wherein we perceive that he followed the wise counsell of roabohams old counsellers , given in the like case of impositions , kings cap. . sihodie obedieris populo huic & petitioni eorum cesseris locutusque , diebus , &c. sometimes he gives a generall or doubtfull answer , and sometimes hee is silent and gives no answer at all ; so as he doth never bind nor conclude himself by any of those answers to those petitions , but with such reservation as he might still make use of his prerogative in laying impositions upon merchandizes ; to demonstrate this point more plainly , it were not amiss out of many records which i have seen , and whereof i have the copies transcribed out of the records themselves , with mine own hands , to select and set down some of those answers in any of the kinds aforesaid . in edw. . cap. . the cōmons pray the king that he would grant an act of parliament that no more custome should bee taken for a sack of wool but a demi mark , nor for lead , nor tin , nor leather , nor wooll-fells , but the old customes . this petition is general and extending to all staple comodities without exceptions of persons , or limitation of times ; but what is the kings answer ? that from the feast of pentecost , which commeth , unto a year , neither he nor his heirs shall take of any englishman for a sack of wooll , more custome than the half mark , upon wooll fells , and leather , no more than the old custome . here this petition is granted but in part ; first , in respect of the persons , for englishmen only are favoured , and strangers are omitted ; secondly , onely in respect of the commodities , for wooll-fells and leather onely are exempted , and tin and lead remain to be charged as before ; thirdly , in respect of the time , for the king continueth his impositions formerly laid for a year and more , notwithstanding that petition . but let us see withall what the king did gain in parliament , upon yeelding to the peoples petition but in part ; in the first sessions of this parliament , it was granted that every man who should ship woolls over the seas , should find sureties to bring in upon his first return , for every sack of wooll , two marks of silver , plate or bullion , and to deliver it to the kings executors ; and in the next sessions there was granted unto him the nineth fleece , the nineth lamb , and the nineth sheaf of corn throughout the realm , which the people did often times redeem with a gift of twenty thousand sacks of wool . here we see the fruit that the king made by following of rehoboams old counsellers , & yet out of this grant and remission made by the king , who can draw an argument against the kings right in laying impositions upon merchandizes ? again , edw. . when there lay an imposition of fourty shillings upon a sack of wooll above the old customes , a conferrence was had between the lords and commons in the white-chamber at westmin . where after a short parliament , saith the record , edw. . rot. parliament . numb. . in arch. turris . it was concluded , that the king should have a greater subsidie out of wooll , wooll-fells , and leather , for six years ; so as during that time , the king did lay no other impositions or charge upon the commons . here is a conditionall agreement between the king and the poople , and here the king doth remit his power of imposition , for a recompence of greater value . and this is a strong argument , that the king had right to impose , otherwise the people would never have bought their freedom from impositions at so high a rate or price . the like conditionall agreement between the king and the people , we find in edw. . rot. parliament . numb. . ed. . rot. parliament . numb. . edw. . rot. parliament . numb. . . in arch. turris . in edw. . rot. parliament . numb. . the commons complain of an excessive imposition upon wooll-fells , and desire that the old custome might he paid . the kings answer is , the old custome ought not to be withdrawn . in edw. . rot. parliament . numb. . the commons desire that an imposition of three shillings and four pence upon every sack of wooll at callis , and all unreasonable impositions , bee repealed . the kings answer unto this is , it pleaseth the king that all unreasonable impositions be repealed ; like unto this is that answer which is contained in the parliament rolls of edw. . numb. . in arch. turris . when petition was made for remittall of impositions , i shall saith the king , assesse no such tallages in time to come , but in manner as it hath been in time of mine ancestors , and ought to be by reason . can any wit of man pick any arguments out of these answers against the right of the crown , in setting impositiout upon merchandizes ? lastly , in edw. . rot. parliament . numb. . the commons pray , that the maletolts of wooll may be taken as it was used in former times , being then enhaunsed without the assent of the commons . to this petition there is no answer found of record , the king is silent , and gives no answer at all ; which doubtless the king had not refused to do , if the petition had been exhibited in point of right , and not in point of favour . thirdly , touching the punishing of the persons before mentioned , for procuring of new impositions to be set upon merchandizes , we are to consider two circumstances ; first , the time when , and next the causes wherefore these persons were called in question . the time when these persons were called to account , was a parliament holden in edw. . the last year of that kings reign , at which time that great and renowned prince , who had been formerly assisted by a most wise and politique councell , was become weak and stupid , and almost in despair , through sicknesse , age , melancholy , conceipted upon the death of his eldest son the black prince , and suffered himself to be ill-governed by a woman called alice perrey , and her favourite the lord latimer ; upon which occasion and advantage , the commons grew more bold than they were wont to be in former parliaments , and therefore if ought had been done in that parliament , which might prejudice the kings prerogative , it is not to be urged as an example or president in these times ; but in truth , the causes for which these persons were censured , do rather approve the right of the crown in laying impositions , than any way disaffirm the same . first , richard lions , a farmer of the customes , was accused in this parliament by the commons , that he had set and procured to be set upon wooll , and other merchandizes , certain new impositions without assent of parliament , converting the same to his own use without controule , the high treasurer not being acquainted therewith , the said richard assuming to himself in divers things as a king , edw. . rot. parliament . numb. , , , . this was his accusation , and though his answer were , that he set those impositions by the kings commandment , yet did he shew no warrant for it , and therefore was justly punished with fine , ransome , disfranchisment , and imprisonment . but how may this insolency and misdemeanour of a subject , be an argument against the right or prerogative of the king ? lions a merchant of his own head cannot set impositions upon merchandizes ; ergo , king edw. . a monarch , of his royall authority cannot do it ; what an absurd argument were this ? as if a man should say , it were high treason in a subject to coyn money ; ergo , the king himself cannot do it , or cause it to bee done ; besides , the accusation it self doth imply , that the king hath power to impose upon merchandizes , because lions is charged , being a subject , to take upon him as a king in divers things , & namely , in setting of impositiōs ; as if they should have said a king may do it , but not a subject , according to the rules of the imperial law , solus princeps instituit vectigalia regni tantum juris & muneris est indicere vectialia , imponere vectigalia maximi imperii est , inferior a principe non potest imponere , and the like . and the bill exhibited by the commons in this parliament , edw. . rot. parliament . . praying that those that should set new impositions by their own authority , encroaching unto themselves royal power , might have judgement of life and member , seemeth to be grounded upon good reason , and doth prove it is a mark of soveraignty and royall power to set impositions ; and therefore if a subject of his own head , of his own authority wil presume to do it , he is worthy to dye for it ; and yet this bill did receive but a general answer , viz. let the common law run as it hath been used heretofore . touching the lord latimers censure , he had not only upon his own head and authority set sundry impositions upon merchandizes at callis , where the staple there was much decayed ; but he was charged with sundry other misdemeanors mentioned in the said roll , namely , that he brought in divers tallies and tickets , whereby the king was indebted unto his souldiers and pensioners , for which he gave little or nothing to the parties , and yet had an entire allowance in the exchequer , to the great damage of the king , and scandall of the court ; that he had also deceived the king of the pay and wages which he had sent unto his souldiers in britain ; that he had sold a great quantity of the kings provisions for his army there , and converted the same to his own use ; and that he had delivered up the town of saint saviours it normandy , and the town and fort of betherell in britainy , not without suspition of corruption and treason . how can the lord latimers censure for these deceits and misdemeanors make an argument against the right of the crown in laying impositions upon merchandizes ? and the like may be said of the punishment of iohn peachy , who having got a patent that none should sell sweet wines within the city of london but himself , his deputies , and assignes , by colour thereof did extort three shillings and four pence , out of every pipe or vessell of sweet wine sold by others within the city . shall this extortion committed by a subject , by colour of a patent , where perhaps the patent doth not warrant it , be objected as an argument , that the king himself might not lay the like imsition upon every pipe or vessel by vertue of his prerogative ? therefore the punishment of these persons was not the cause , that for an . years after that , no impositions were layd upon merchandizes by prerogative ; but the princes who succeeded edw. . untill queen mary , did forbear to use their prerogative in that kind , for those other notable and true causes which are before at large expressed in the seventeenth chapter . lastly , touching the imposition of six shillings and eight pence upon every cloth , laid by queen mary , after the losse of callis ; she held the same with a new imposition upon french wines , without any question during her life ; and albeit complaint were made against the imposition set upon cloaths unto queen elizabeth , upon her first entry ( as it is usuall for the people to complain of burthens and charges upon every change of government . ) yet we find that after the conference of the judges spoken of by my lord dyer , eliz. f. . dyer . ( though their resolution be not their reported ) queen elizabeth did continue that imposition , and also the impost upon french wines , as being lawfull set for the space of fourty four years without any further contradiction ; besides , queen elizabeth did raise divers other new impositions , as is before declared , whereunto there was never made any opposition during her reign , and which his majesty that now is , hath received without any question for the space of fifteen years ; and thus much may suffice for answer to the several points in the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . fourthly , it is objected , that though it were granted and admitted , that the king de jure communi , hath a rightful prerogative to lay impositions upon merchandizes , yet that power say they , is restrained and taken away by sundry acts of parliament . first , the statute of magna charta , cap. . doth give safe conduct and free passage to all merchants to buy and sell , absque aliquibus malis tolnetis per antiquas & rectas consuetudines . secondly , by the act or charrer of confirmation in edw. . the king doth release a mayltolt of fourty shillings upon a sack of wooll , and doth grant for him and his heirs , unto the commons , that he shall not take such things without the commons consent or good will ; and in the same act or charter reciting , that wheras divers people of the realm were in fear , that the aids and taxes which they had given to the king before that time , was towards his war , and other businesses of their own grant and good will , might turn to a bondage of them and their heirs , because in time to come they might be found in the rolls , and were likewise grieved for prizes taken throught the realm , the king doth grant for him and his heirs , that he will not draw such ayds , taxes , or prizes , into a custome , for any thing that had been done before that time , be it by roll or any other president that may bee found . thirdly , by the statute edw. . cap. . the king doth grant that all merchants denizens , and aliens , may freely come into the realm with their goods and merchandizes , and freely tary there , and safely return , paying their customes , subsidies , and profits thereof , reasonably due . fourthly , by the statute rich. . cap. . it is enacted , that no imposition or charge be put upō wools , wooll-fells , or leather , other than the custome or subsidie granted to the king in that parliament , if any be , the same to be adnulled and repealed , saving to the king his ancient right ; there are other acts of parliament containing the same sence and substance , but these principally have been singled out , and cited as specially statutes restraining and taking away the kings prerogative in laying impositions upon merchandizes . chap. xxix . the answer to the fourth objection . to this objection first i answer , that this being a prerogative in point of government , as well as in point of profit , it cānot be restrained or bound by act of parliament , it cannot be limited by any certain or fixt rule of law , no more than the course of a pilot upon the sea , who must turn the helme , or bear higher or lower sail according to the wind and weather ; and therefore it may be properly said , that the kings prerogative in this point is as strong as samson , it cannot be bound ; for though an act of parliament be made to restrain it , and the king doth give his consent unto it , as samson was bound with his own consent , yet if the philistins come , that is , if any just or important occasion do arise , it cannot hold or restrain the prerogative , it will be as thred , and broken as easie as the bonds of samson ; and again , ius imponendi vectigalia inhaeret sceptro , saith the law imperiall , & quod sceptro inhaeret non potest tolli nisi sublato sceptro . the kings prerogatives are the sun-beams of his crown , and as inseparable from it as the sun-beams from the sun ; the kings crown must be taken from his head , before his prerogative can be taken away from him ; samsons hair must be cut off , before his courage can be any jot abated . hence it is , that the kings act , nor any act of parliament can give away his prerogative ; for in his own act the king cannot release a tenure in capite , nor grant it to any subject , dyer . if the king grant land to i. s. to hold as freely as the king himselfe holds his crown , he shall hold his land still of the king in capite , and if he alien it hee shall pay a fine , for the tenure is vested in the king by his prerogative , saith the book , . hen. . . and therefore when king fdw. . did grant unto the black prince his eldest son , the dutchy of cornwall , una cum omnibus wardis maritagiis & releviis , &c. non obstante prerogative regis , the prince could not seize a ward that held of the kings ward , who held in capite of the king , because it belonged to the king by his prerogative . ass. pl. . whereby it is manifest , that the king by his own grant cannot sever his prerogative from the crown , nor communicate any part thereof to any one , not to the prince his eldest son ; and in this case of tenure it was resolved in the last assembly of parliament in england , that no act of parliament could be framed by the wit of man , whereby all tenures of the crown might be extinguished ; neither can any act of parliament in the flat negative , take away the kings prerogative in the affirmative . the king hath a prerogative in the affirmation , that he may pardon all malefactors ; there is a statute made at northampton , edw. . that no charter of pardon for killing a man shold thenceforth be granted , but in one case , where one man killeth another in his own defence by misfortune : hath this statute so bound the prerogative , as no man ever since hath been pardoned for killing a man , but in the cases before mentioned ? the king hath a prerogative in point of government , to make choice of the sheriff in every county ; there is a statute made , edw. . cap. . that no man shall be sheriff two years together , and that no commission shall be granted or renew'd for the year following , to him that hath been sheriff the year before ; was the kings prerogative bound by this statute when hee granted the sheriffwick of northumberland , to the earle of northumberland during his life , with non obstante of that statute hen. . fol. . again , the king hath no ancient and absolute power to grant dispensation for holding ecclesiastical benefices in cōmendum . there is a statute made edw. . in ireland , whereby it is enacted and declared , that the kings dispensation in this case shall be utterly void , if it be not by act of parliament ; did this statute so derogate from the kings prerogative , and so restrain it , that he might not only by his letters patents , grant cōmendamus , before the statute of hen. . in this realm ? assuredly the kings dispensation non obstante the statute would have taken away the force thereof , as if no such law had ever been made : there are many other cases of like nature which i omit ; as for the particular statutes before recited , the words thereof are too generall to bind or restrain this prerogative in laying impositions upon merchandizes . first , that statute of magna charta doth give safe conduct to all merchants to come and go , and to tarry within the realm , and to buy and sell their merchandizes , sine malis tolnetis per antiqnas & rect as consuetudines . how do these generall words restrain the kings prerogative in this case ? for the ancient common law of the land , which is the common custome of the realm , doth warrant and approve the kings prerogative in laying impositions upon merchandizes , as before i have fully and clearly proved , then a reasonable imposition laid by the king is antiqua & recta consuetudo warranted and approved by the great charter . secondly , albeit king edw. . by act or charter of confirmation of charta mercatoria , made in anno . of his reign , doth release the maletolt of fourty shillings upon a sack of wooll ; and doth grant for him and his heirs , that he will take no such thing without the assent and good will of the commons . that word ( such ) doth not absolutely bind the kings prerog. that he shall lay no imposition at all , for it is to be intended such in quantity , such in excess , for foury shillings at that time was as much as six pound at this day , which the scarcity of money in those dayes being considered , and compared with the plenty of money at this day , might then be said to be a great burthen , and yet this strong band doth not bind k. ed. . his grand-child but that , notwithstanding this charter or act of parliament , he took these things in greater quantities , sometimes fourty shillings , sometimes fifty shillings , upon a sack of wooll , when the philistins came upon him , that is , when the wars of france , and other urgent occasions did presse him to it ; as to the other article contained in the act or charter of edw. . where it is said the people did fear , lest the aids and taxes granted of their good will to the king might turn to a bondage to them and their heires , when the same in time to come should be found in the rolls ; and the king did grant for him and his heirs , that he would not draw such ayds and taxes into a custome ; that act in this point restraineth not the kings prerogative in setting impositions upon merchandizes , for it speaketh only of ayds and taxes willingly granted by the people in parliament , & therefore i marvell that this article was ever objected or used as an argument against impositions ; and whereas the king doth grant that such ayds shall not be drawn into a custome , such words are usuall in the preambles of acts of subsidies where the grant is large and extraordinary , viz. that it may not be drawn into an example , that it may not be a president in future times ; and yet succeeding parliaments have not forborn to grant as large subsidies as formerly were granted . thirdly , the statute of edw. . cap. . doth rather maintain the kings prerogative in this case , than any way impugne or impeach it , for by that law free passage is granted to all merchants , paying the customes , subsidies , and profits thereof reasonably due . now certain it is , that all duties payable to the king for merchandizes , are of three kinds only , customes , which are these ancient and certain duties , wherein the crown hath no inheritance , as is before expressed ; subsidies which are granted by act of parliament , and impositions which are raised from time to time by the kings prerogative onely , we find not a fourth kind , and therefore the word profits must needs be taken for impositions . fourthly , the statue of rich. . cap. . though it provide in expresse terms , that no imposition or charge be layd upon wooll , wooll-fells , or leather , other than the custome or subsidy granted in that parliament , yet it saveth alwayes to the king his ancient rights ; this was as turbulent a parliament as ever was holden in england , and yet was the kings right acknowledged , though the unruly lords and commons did in a manner force his assent to limit his prerogative at that time . lastly , if these acts had absolutely bound the kings prerogative , and had been observed literally and punctually untill this time , the king should onely have had at this day the demi mark for our own staple wares , and perhaps the three pence custome for forein commodities , and no more . what an inconvenience , what an absurdity had this been at this day , when all forein princes have raised their customes to an exceeding height ? when as i have noted before the necessary expences of the crown are so much encreased , when the prizes of all commodities are so much enhanced , when there is so great a plenty of money in this part of the world , when the kings revenue within the land is so much improved ; is it fit that duties payable for merchandizes should stand at a stay and keep the old rates without augmentation ? chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . fistly , it is objected , that the subsidies of tonnage and poundage , were never taken by any king of england , but when the same were granted by act of parliament , which is an argument , say they , that the king could never take those duties but by his absolute power , for if his prerogative could have imposed those rates of it self , what need was there of an act of parliament ? why should the king have expected the consent of the commons ? cum dominus eis opus habet , and when the exchequor were so empty , as the jewells of the crown were layd to pawn by some of those kings who were glad to take these subsidies by acts of parliament . chap. xxxi . the answer to the fifth objection . the answer to this objection is twofold ; first , that which is objected is not true , for tonnage and poundage have been taken by the kings prerogative without act of parliament ; secondly , if it had been true , it is no argument against the kings prerogative in this point , for what is tonnage but a certain sum of money payable for every tun of vvine imported ? did not king edw. by force of his charter mercatoria , without act of parliament , take two shillings for every tun of vvine imported by strangers ? did not the same king set a new imposition of gauge , viz. upon every tun of vvine brought into london , as is before expressed ? and are not the severall impositions of vvines taken by his majesty in england and ireland , a kind of tonnage ? being nothing else but extraordinary rates imposed upon ever tun of vvine , and levied and taken by the kings prerogative . again , was not the three pence upon the pound imposed by king edw. . by his charta mercatoria , a kind of poundage , and well nigh as great an imposition as twelve of the pound granted at this day by act of parliament ? if we consider the standard of monies in the time of king edw. . when a peny sterling did contain as much or more pure silver , as the three pence sterling doth contain at this day ; but admit that no tonnage or poundage had ever been taken , but by grant in parliament ; yet it is no argument , but that the king might impose the like or the same by his prerogative , for three particular reasons : the first , because these subsidies were granted for maintainance of the navy royall , the charges whereof were grown so great in the time of king edw. . as appearech by the act of tonnage and poundage granted in the year of that kings reign , that it sufficed not , nor in time to come was like to suffice or defray the charge of the crown in keeping the sea : these are the words of that act , if then in the time of king edw. . the subsidy of tonnage being three shillings upon a tun of vvine brought in by denizens , and six shillings upon a tun brought in by strangers ; and the subsidy of poundage or of twelve pence of the pound upon other cōmodities was not then sufficient to bear the charge of the royall navy , which was not comparable by many degrees in strength , and beauty , and multitude of ships to the kings navie at this day ; doth it stand with reason , that the crown should be stinted or limited ever after to take no more than those poor subsidies granted at that time ? that the king should wait for a parliament , and pray an ayde of the commons for a competent means to maintain the walls of the kingdom , when by the common law of the realm he may grant letters patents for murage , to maintain the walls of a corporate town . if any unexpected necessity should arise for repairing of the navy royall , and making a navall war , should the king expect a parliament for a greater subsidy to bee granted by the commons before he should rigge and make ready his ships , perhaps a kingdom might be lost in the mean time ; as if a pilot sitting at the helm , and seeing a sudden gust of wind , would over-set the ship , or perceiving her to be running on a rock , should forbear to turn the helm , or cause the sail to be stricken , untill he had consulted with the mariners or passengers , and demanded their consent or counsell in the businesse ; the pilot himself with his mariners and passengers might be cast away , before they were agreed what course to take . secondly , these subsidies of tonnage and poundage were first granted by act of parliament , in the time of the civill vvars between the two great houses of lancaster and york , when the severall kings were loath to make use of their prerogatives , but were glad to please their people , and loath to impose any charge upon them , but by common consent in those troublesome times . thirdly , kings and princes oftentimes of their own noble nature , and sometimes in policy , do accept that of their subjects as a gift , which they might exact & take as a duty , and therefore our most potent and politique kings have ordained and accepted many things in parliament , which they might have done in their private chambers by their own prerogative , without any other ceremony ; who ever made doubt of the kings prerogative in establishing the standard of monies , and yet how many acts of parliament do we find touching monies , in the times of king e. . and king edw. ? the kings prerotative in making & establishing marshall law , was never yet in question , yet are there acts of parliament touching musters , departures of souldiers without their captains licences , or the like . the king only doth give honours , and places of precedency , yet king hen. . made an act of parliament , whereby he rancked the great offices of the crown in their severall places , as well in council as in parliament . no man ever doubted but the king being the fountain of justice , may erect courts or justice by his prerogative , yet we find the court of augmentations , and the court of vvards , erected by act of parliament . lastly , in the time of edw. . we find an act of declaration of the principall prerogatives of the crown of england , were most undoubted and clear , yet his majesty was pleased in his first parliament to accept of an act of recognition . chap. xxxii . the conclusion . by these reasons and demonstrations which are before expressed , it is evident , that the king of england by vertue of an ancient prerogative inherent to the crown and scepter , may justly and lawfully set impositions upon merchandizes , and may limit and rate the quantity and proportion thereof by his own wisdom and discretion , without act of parliament ; and this prerogative is warranted and approved by the generall law of nations , and the law merchant , which is a principall branch of the law of nations ; by the imperial law , the ecclesiasticall law , and by the rule of the common law of england , and by the practice of the most prudent kings and queens of england since the conquest ; and that this prerogative is grounded upon many excellent reasons , and that the severall objections made against this prerogative , are but shadows and colours of reason , and clearly removed and washed away by the severall answers thereunto . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . albeit , indeed the king of england being no emperor , and having all imperiall rights within his own kingdoms , hath and ever had as absolute a prerogative imponere vectigalia , or to lay impositions , as the emperor of rome or germany , or any other king , prince , or state in the world , now have , or ever had ; yet let it be truly said for the honor of the crown of england , that his majesty that now is , and all his noble progenitors , have used and put in practice this prerogative with more moderation and favor toward the people , than any forein state or prince in the world have besides , and that in three respects . first , the king of england doth make use of this prerogative only , in laying impositions upon merchandizes crossing the seas , upon such onely , and not upon any other goods which are bought and sold within the land ; neither doth he by his absolute power alone , impose any tax upon lands or capita hominum , or capita animalium , or upon other things innumerable , whereof there are strange presidents and examples , both ancient and modern , in other countries . secondly , the king doth not charge all merchandizes crossing the seas , with this imposition now in question , for in the letters patent whereby the imposition of twelve pence in the pound over and above the subsidie of poundage , is laid and limited , divers kinds of commodities are excepted , especially such as serve for food and subsistance of the kings people , for setting the poor on work , for maintainance of navigation , and other things of like nature , as before is declared . thirdly , the impositions which are laid by the kings of england upon merchandizes , are not so high as the impositions and exactions set and taken by other princes and states ; for the highest imposition in ireland is but twelve pence upon the pound , or but a single poundage , which is but five in the hundred , and is the lowest rate in christendome at this day , and in england there is added but twelve pence in the pound more , which is but ten pound upon the hundred pound , and yet divers sorts of merchandizes , as i said before , are excepted and discharged of that imposition of the second imposition of twelve pence . but on the other side let us see the practice of other princes and states in laying impositions , and how far they have extended and strained their prerogative in that point , beyond and above the impositions in england ; i will begin with the romans , when they had gained the monarchy of the world , so as all kingly power did rest in their emperor . first , iulius caesar laid the first imposition upon forein merchandizes , saith suetonius , peregrinarum mercinm portaria primus instituit , and that imposition was octava rerum pars , which was more by a fifth part than our highest imposition in england , for it is two shillings and six pence upon the pound . next , augustus caesar about the time of our saviours birth , sent out an edict , whereby he did tax all the world , and this tax was capitatio , or an imposition , super capita hominum , though the quantity thereof doth not appear ; but the poll-money which our saviour did pay , and wrought a miracle , it seemeth to be an high imsition , for the peeces of money taken out of the fishes mouth , which is called didrachma , or stater , is said to bee worth two shillings and six pence sterling , which being given for himself and peter , da illis pro me et te , shews that fifteen pence sterling was given for a poll , which must needs amount to an infinite thing , if it were collected over all the world , then subject to the roman emperor . tiberius the roman emperor , who succeeded augustus , took the hundred part of all things bought and sold within the empire , which perhaps was an imposition of greater value and profit than the other . caligula the emperor , layd an imposition upon all sutes in law , and took the fourth part of the value of the value of the thing sued for , and set a pain upon the plaintiff if he compounded , or were non-suted without his licence . he likewise imposed a number of sester●● upon every marriage contracted or made within the whole empire . vespasian in meaner and more homelier matters , took by way of imposition , a part of every poor labourers wages , and part of every beggers alms ; he set likewise an imposition upon vrine , and pleased himself with this apothegm , dulcis odor lucri ex re qualibet . severus the emperor did impose upon the dishonest gains of the stews , and took part of the prostitutes there , as the bishop of rome doth at this day ; all the emperors before trajan , took the twentieth part of all legacies and lands descended , as things which came unlooked for , and as a cleer gain , and therfore the heirs and legatories might easily spare a part to the emperor ; and nicephorus , one of the emperors of the east , did not onely take sumaria tributa smoke-money out of every chimney , but he layd an imposition upon every mans estate that grew suddenly rich , upon a presumption that hee had found a treasury which did belong to the emperor by prerogative . with a little more search i might find out other impositions of severall kinds , set by the ancient emperors upon the heads of beasts , upon the tiles of houses , and the like ; i might adde hereunto the impositions set by lotrain , upon every pane of glasse in windows ; but these may suffice how high they strained , and how far they extended their prerogatives in this point of impositions . secondly , the roman empire being over-come by the gothes and vandalls , and other barbarous nations , and thereby broken into kingdomes and free states , their passed divers ages before these monarchies could be well setled , and before peace bred plenty , and plenty bred civility , and before trade , traffique , comerce , and intercourse could be established between these states , and kingdoms , and therefore while these states and kingdoms were yet but poor , and while there was a generall scarcity of gold and silver in these parts of the world , and so for want of money there was but little trade and traffique among the people , either at home or broad , kings and princes did not , neither could they make that use of their prerogative in laying impositions , as they had done in those latter times ; since all arts and sciences have been encreased , all commodities improved , and the riches of the east and west indies have been transported into this hemisphere . but now let us see whether the kings and princes of other countries round about us at this day , make not a far more profitable use of their prerogatives in laying impositions upon their people , than the king of england doth , albeit his kingly power be full as large as any of theirs . in france , the most richest and ancientest of the neighbour kingdoms , the impositions not onely upon merchandizes crossing the seas , but also upon lands , goods , persons of men , within the realm are so many in number , and in name so divers , as it is a pain to name and collect them all , and therefore it must needs be a more painfull thing for the people of that kingdom to bear them all , la tallie , le tallon , les aids , les aquavalentas , les equi pollentes , les cruces , or augmentations of divers kinds , le hop benevolence , la gabelle , upon salt , amounting to an exceeding great revenue ; the impost of wines upon every vessell carried into any walled towns or suburbs thereof , and payable , although it be transported thence again , before it be sold , la hault passage or de maine forrein , for merchandizes exported , le traject forrene , for merchandizes imported , la solid de cinquants mil holmes , imposed upon cities , & walled towns , and the suburbs onely , and after layd upon town and country , without distinction , the common positions for provisions ; the tenthes paid by all ecclesiasticall persons : these and other impositions of the like nature , are layd and levied upon the subjects of france , by the absolute power and prerogative of the king , and though many of these were imposed at first upon extraordinary occasions , and set but for a time , yet the succeeding princes have continued them from time to time , and the most part of them made ordinary and perpetuall by king lewis the . who was wont to say , france was a meadow , which he could have mowed as often as he pleased . in spain there is an imposition named alcavala , imposed as well upon the nobility , as the commons , which was first raised by alphonsus the . to expell the mores , and for the expurgation of algiers , but afterwards it was made perpetuall , and is now a principall part of the royall patrimony , gutturis de gabellis , quaest. . this imposition was at first but the twentieth part , but afterwards it was raised to the tenth of every mans estate , which doth far surmount the highest impositions that ever were layd in england , by the kings prerogative , without act of parliament . this al●avali is an imposition within the land , but the impositions upon merchandizes exported and imported , are far higher , especially upon merchants strangers , for their common impositions upon strangers is five parts upon the hundred , and in the year . they imposed thirty of the hundred , as is before declared ; and upon the ingate of indian spices into portugall , the king of spain doth lay the greatest rates that ever were set in christendome , although upon the outgate the rates are more moderate . in italy the impositions and gabells set upon every kind of thing by the states and princes there , are intolerable and innumerable . non mihi si centum linguae sunt or aque centum , ferrea vox italorum omnes numerare gabellas , cunct a gabellarum percurrere nomina possem . especially upon the great towns and teritories that are subject to the great duke of tusknie , where there is not any roots , nor any herb , nor the least thing that is necessary for the life of man , that is bought and sold , or brought into any town , but there is a gabell or imposition set upon it ; where no inholder , baker , brewer , or artificer can exercise his trade , but the great duke will share with him in his gain , by laying some imposition upon him ; where no man can travell by land , or by water , but at every bridge , at every ferry , at every wharf or key , at every gate of a town , the garbellor arrests him , and is ready to strip him naked , to search what goods he hath about him , for which he ought to pay the garbell . in the popes territories the impositions which his holinesse doth lay upon his subjects as a temporall prince , are as many , and as heavy , as those that are levied by the duke of tuskanie , in so much as when sixtus quintus had set an imposition upon every thing that served for the use of mans life , pasquill made hast to dry his shirt in the sun , fearing the pope would set some imposition upon the heat of the sun , mi astingo ( saith he ) in the . sole sevenda ; i omit to speak of the exactions of the court of rome , in another kind , which are infinite , and which long lay heavie upon the western countries of christendome , untill of late years some nations did free themselves thereof , by rejecting the yoke of the bishop of rome . in the seigniory of venice , the gabells upon the land were more moderate than in the other parts of italy ; but that city being the lady of the adriatique sea , doth use by prescription a high prerogative , in laying impositions upon all merchandizes arriving within the gulf , civitas venetiorum ( saith baltholus ) potest pro maritmeis mercibus gabellas imponere , quia est civitas in mari situata , & veneti ( saith baldus ) ex consuetudine sunt domini maris adriatici & possunt statuere super gabellis maris , wherein they observe a profitable and politique course , for upon the commodities of other nations which are of goods in their common-wealth , they lay the easier impositions , sometimes five , sometimes seven , sometimes ten , upon the hundred , which doth exceed the highest imposition in england , five in the hundred at the least . in the low countries the impositions which they call exeizes , paid by the retaylors of wines and other cōmodities , and not by the merchant , are the highest in christendome ; and yet we perceive that people to thrive and grow rich withall , for an improved high rent doth so quicken the industrie of the farmer , as he thriveth oftentimes better than his neighbour who is a free-holder and payeth no rent at all ; howbeit , to draw trade , and to invite all nations to comerce with them , & so to make their country a staple , store-house , or magizen of all europe , they do set but easie rates upon merchandizes imported , but when they once have gotten their cōmodities in to their hands , if any merchant will export the same again , hee shall pay a greater custome . the grand seignior of turkie doth impose sometimes ten in the hundred , sometimes twenty in the hundred upon merchant strangers , who trade into the levant ; and i could speak of his other exactions and impositions upon his vassalls , but that i think it not meet to compare that regions tyrant , to the princes and states of christendome . i may remember at last , the great toll which the king of denmark taketh of every ship that passeth into the sound , taking advantage of a narrow straight between elsmore and copman haven ; whereas the king of england being the undoubted lord of the narrow seas , between dover and callis , might take the like toll if it pleased him , and by the same right might participate of the great gain of fishing which the busses of holland and zeland do make yearly upon the coasts of great britain . thus we see by this comparison , that the king of england doth lay but his little finger upon his subjects , when other princes and states do lay their heavy loins upon their people ; what is the reason of this difference ? from whence commeth it ? assuredly not from a different power or prerogative , for the king of england is as absolute a monarch , as any emperor or king in the world , and hath as many prerogatives incident to his crown ; whence then proceedeth it ? to what profitable cause may we ascribe it ? certainly to divers causes profitable , and principally to these causes , following . first , our king of england hath alwayes gone before , and beyond all other kings in christendome in many points of magnificency , and especially in this , that they have alwayes had a more rich and royall demean belonging to the crown , i mean more large and royall patrimony in lands and rents , than ever any christian king had before , or now hath at this day ; for it is certain , that the revenues of other princes and states do principally consist in such gabells , impositions , and exactions , as are before remembred , and not in terra firma , not in such a reall and royall patrimony as hath ever belonged to the crown of england , and therefore other kings being lesse able to maintain their estates , or more covetous in their own nature , have laid heavier burthens upon their subjects , than ever the king of england hath layd , or will do , or hereafter hath need to do , god be blessed for it ; the kings of england have had the princes portion spoken of before in of ezekiel , and therefore they had no need so to oppresse the people . again , we may ascribe this difference to the bounty and noble nature of our kings , that they would never descend to those poor and sordid exactions which other princes & states do take of their subjects , sordidum putandum est aurum quod ex lachrimis oritur , as a good counseller told vespasian . again , we may ascribe it to the wisdom and policy of our kings , who would never follow the counsell of rehoboams younger counsellers , boni pastoris est oves tondere non diglubere , as tiberius the emperor was wont to say , odi hortulanum ( saith alexander ) qui ab radice olera excindit ; qui nimis emergit elicit sanguinem , saith solomon , they well considered that the money levied by taxes and impositions , is the blood of the people , which is not to bee let out in any great quantity , but to save the life , as it were , of the common-wealth , when she is sick , indebted , and in great danger . again , it may be ascribed to their piety and religion which moved them to follow the counsell of the divine rule , deut. : where the king is warned not to multiply upon him much gold and silver , for that indeed there doth seldome come good by great treasure heapt up by a great prince , for it doth but nourish pride and ambition in him , and stir him up many times to make an unjust warre upon his neighbours ; or if he leave it unto his successers , it makes them luxurious and vitious , which draweth with it sometimes the ruin of the kingdome , sed optimus & certissimus thesaurus principis est in loculis subditorum , saith the learned buterus , in his book against machiavill , let the king , saith he , have a care to maintain religion , and justice , and peace , in his kingdom , this will soon bring plenty , with a continuall increase , and make a rich and wealthy people ; then shall the king never want money to serve his just , and necessary , and honourable occasions ; for it is impossible the soveraign should be poor when the subjects are rich , and untill occasions do arise , the coffers of his subjects will be his best exchequer ; they will be his treasurers , they will be his receivers , his tellers without fees or wages , no bad accomptant shall deceive him , nor no bankrupt officer shall deceive him , they will keep the treasure of the kingdom so frugally , as no importunate courtier shall be able to withdraw the same from a prince , but that it shall still remain in store to supply the necessities of the common wealth . lastly , our kings of england in their wisdoms , well understood the natures and dispositions of their people , and knowing them to be a free , generous , and noble nation , held them not fit to be beaten with rehoboams rod , esteemed them too good to be whipt with scorpions , and therefore god be blessed , we have not in england , the gabeller standing at every towns end ; we have not a publican in every market , we pay not a gabell for every bunch of reddish , or branch of rosemary sold in cheap-side , we have none of those harpies which do swarm in other countries , we have no complaining in the streets , as is said in the . psalm ; and therefore i may well conclude with the conclusion of that psalm , happy are the people that are in such a case , blessed is the people that have the lord for their god above in heaven , and king iames for their king here upon earth . finis . these books following , are printed for henry twyford , and partners , and are to be sold at his shop in vine-court middle temple . the compleat attorney , or the practick par● of the law . a learned treatise of wards and liveries , by sir iames ley knight . the life of the apostle st. paul . soliloquies , meditations , and prayers , of st. bonaventure . the discontented collonel , by sir iohn sucklin . the european mercury . the humble remonstrance of sir iohn stawell . hebdomada magna , or the great week of christ's passion . sir robert brooks reading on the statute of limitations . kitchens jurisdictions of courts leet , courts baron , &c. rich. brownlow esq prothonotary to the court of common pleas . reports , the first and second part. his declarations and pleadings english . judiciall writs . plowdens abridgment . abridgment of lord cook's littleton . abridgement of pulton's statutes at large , by edmund wingate esq the books of the drawing up of all manner of judgments . the body of law , by edmund wingate esq the marrow of law , or the second part of the faithfull counsellor . office and duty of executors in . lay-mans lawyer , or the second part of the practick part of the law . a commentary on the original writs , by william hughes esq stevenson's poems . the anabaptists anatomised , in a dispute between mr. crag , and mr. tombes● caesars commentaries , with sir clement edmunds observations . the compleat clark , and scriveners guide , being the exact forms of all manner of conveyances and instruments now in use ; as they were penned by learned counsel , both ancient and modern . the counesse of arundells secrets in physick and chirurgery , &c. the history of the troubles of swethland and poland . notes, typically marginal, from the original text notes for div a e- iustinian doct. & stud. . lib. cap. . baldus . baldus . strabo . iustinian halicar. . lib. . bracton . stampford pràrogat . regis fol. . . e. . . e. . h. . com. e. . . . r. . . magna charta . cap. . vlpian . edw. . , . reg. fol. . f. n. . d. f. n. . d. e. . regist. . a. bodin . register . . hen. rot. pa. . e : . m. . in archis turris london . edw. . e. . cap. . cicero . e. . . lex civilis . cicero offic. li . . bodin de repub. li . cap. . bodin . stephen king of spain . pope eluther . ● r. . chopinns . rhodians . the canon law . decret. causae quaest. . canonists . poll-money . st. paul . fortescue h. . fol. . edw. pat . m f. n. d. register of writs , fol. . custome and toll . strabo . h. . dyer . edw. . edw. . edw. . bates case de currans in sccio . per flem●ing chief baron . edw. . edw. . rot. fin . memb. . statute e. . dyer . h. . . ed . . e. . prizage and butlerage . h. . ed. . gauger . alneger . ed. . customer . comtroller . searcher e. . ed. . e. . the writ to his collecttors of his customs . collectors of his customs . raimundus lullius . ed. . rot. fin . m. . in archivis turris . le records . ed : . rot. . in sccio angliae , &c : ed. . rot. almaniae pars . numb. . ed. . rot. parl. numb. . ed. . ed. . staple at callis . e. . r. . h. . h. . dyer eliz. eliz. letters patents . iuly , . iac. bodin lib. : de repub. ca. . caligula : appian . cicero . ed. . cap. . virgil . plin. lib. . cap. . tempore edw. . edw. . edw. . ed. . hen. matthew paris histor. magna p. . hen. . stow. fitz avowry . rich. . protection . rot. scotiae . nu . in arch turris . gen. . baldus . strabo . stampford . ass. p. . . ass. p : . ed. . edw. . ed. . ri. . h● . . tempore . henry . the k. of spain's imposition in an. . magna charta cap. . ed. . edw. . anno . elizabeth object . . the answer to the . object . object . . the answer to the . object . solomon . henry . poeta . object . . edw. edw. . ed. . ed. . ed. . ed. . ed. . ed. . lord latimer . richard lions . i. peachy ed. . rot. parl. numb. . ed. . rot. parl. num . . in arch. turris . dyer . eliz. fol. . the answer to object . . edw. . senatus rome . solomon . iulius caesar . augustus caesar . edw. . edw. . nero . edw. . rich. . petitions are of divers kinds , & have divers answers . mayle 〈…〉 kings cap. . ed. . cap. . anno ed. . edw. . rot. parl. nu . . edw. . rot. parl. numb. . ed. . rot. parl. nu . . in arch. turris . ed. . rot. parl. numb. . ed. . rot. parl. numb. . edw. . rot. parl. numb. . lions case ed. . rot. parl. nu . , . lord latimers ease . peachies case . eliz. dyer . fol. . object . . the answer to the forth object . dyer . statute of northampton . edw. . object . . the answer to the . object . ed. . iulius caesars impositions . tiberius the roman emperor . caligula . vespasian the imposition of france . the spanish impositions . gutturis degabellis quaest. . the d. of tuskanies impositions . the impositions by the pope . sixtus quintus . the impositions of the seigniory of venice . baltholus baldus : the impositions of the low countries the impositions of the grand seignior of turkie the impositions of denmark . ezek. . solomon . deut. . buterus contra machiavill . psa. . die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life in the upper bench. ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life in the upper bench. ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by r. cotes, london : . title from caption and opening lines of text. order to print dated: die mercurii . martii, . signed: hen. scobell cler. parliament. reproductions of the originals in the huntington library (early english books) and the british library (thomason tracts). eng taxation -- great britain -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life i england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , martii , . resolved by the commons assembled in parliament , that sir iohn stowell knight be proceeded against for life in the upper bench . resolved , &c. that david ienkin be proceeded against for a tryall for life ; and that the judges in that circuit in wales , be required to proceed to an indictment against him , in the proper county in the next assizes . resolved , &c. that charles stuart eldest son to the late king , iames stuart second son of the late king , the duke of buckingham , iohn earl of bristoll , william earl of newcastle , sir william widdrington , george lord digby ; sir philip musgrave , sir narmaduke langdale , sir richard greenvile , sir francis doddington , sir iohn culpeper , sir iohn byron , the earl of worcester , and sir iohn winter ; and all such persons as have been acting in the plotting , designing or assisting the rebellion in ireland , shall be proscribed and banished as enemies and traitors to the common-wealth , and shall dye without mercy , where ever they shall be found within the limits of this nation , and their estates shall be confiscate and forthwith imployed for the use of the common-wealth . resolved , &c. that sir iohn winter shall have convenient time to depart into any forraign parts . die sabbathi , martii , . resolved , &c. that colonell mathew boynton , late governor of scarborough , sir iohn morley , and collonell leveson late governor of dudly castle shall bee proscribed and banished as enemies and traitors to the common-wealth , &c. resolved , &c. that all other delinquents , members of this common-wealth , ( not comprehended in the former exceptions ) shall be admitted to compound , ( except papists in arms , for whose compositions rules are not yet agreed upon . ) resolved , &c. that the time for the coming in of all delinquents within the land , whose habitations are within miles of london , and for the filing of their petitions and particulars shall be before the twentyeth day of aprill next ; and for all others residing at a further distance before the third day of may . resolved , &c. that the times for perfecting the compositions of such delinquents , that is to say , for submitting to their fines , and paying one moiety , and securing the remainder at three months day ; shall be six weeks from the respective dayes before limited for filing their petitions and particulars . resolved , &c , that the time for the coming in of delinquents not excepted , and now beyond seas , and out of this land , shall be the first of iune next , for the filing of their petitions and particulars , and six weeks after for the perfecting of their compositions , as is before exprest . resolved , &c. that the rents and profits of all sequestred estates , ( except the persons before excepted ) growing due at our lady day next shall be stayed and detained in the tennants hands , untill the first day of iune next . resolved &c. that the estates of all such persons who shall neglect to render themselves , and submit to their compositions at the respective times before limitted shall be confiscate and converted to the use of the common-wealth , and no further allowance shall be thenceforth made out of the same to the wife or children of any such delinquent . resolved , &c. that delinquents who were formerly excepted from pardon by their particular names or titles , who have not been formerly but now are admitted to composition , except such as have already compounded ) shall pay one full moiety of the true value of their estates . die mercurii , . martii , . resolved , &c. that all such delinquents as have bin members of either house of parliament , and all judges , officers towards the law , common or civill , & all serjeants , counsellors , and attourneys , doctors , advocates , proctors of the law , common or civill , and all bishops , clergy men , masters , and fellows of any colledge or hall , in either of the universities or elsewhere , and all masters of schools or hospitalls , and also humphry bennet , esq sir edward foord , sir george vaughan , and all other the persons named in the fourth qualification of the propositions sent to hampton court , to pay one third ( except such of the said persons as were included in any articles whereof they have the benefit shall pay one full third part of the true value of their estates . resolved , &c. that all other persons delinquents ( not included in any the former qualifications ) shall pay one full sixth part of the true value of their estates . resolved , &c. that if any person not yet sequestred who conceives or doubts himself to be lyable to sequestration for any thing said or done in relation to the war , and was not publiquely and personally engaged in the latter war , shall come in and discover his case to the commissioners for compositions before the first day of iuly , . ( being not before such discovery , judicially impeached and discovered for the same by any other ) then such person ( if his case so discovered shall be adjudged liable to sequestration ) shall be admitted to compound , and discharged of his delinquency , paying one years value for land , and a twentieth part for his personall estate . but in case any such delinquent be first judicially impeached and discovered by another , or shall not be discovered by himself before the said first day of iuly , . then he shall not be admitted to compound at any lower rate then is appointed for the qualification under which he falls . resol. &c. that no promissary oath shall be imposed upon compounders as a condition without which they may not compound . resolved , &c. that all persons who have formerly compounded and have concealed or under valued any part of their estates , and shall themselves discover it before the first day of iune next , shall be admitted to compound for the same , at the same rate for which they did compound for the other part of their estates . but if any such concealment or under value shall be hereafter discovered by any other person , before the delinquent himself discover the same , and shall not be compounded for ( within the times herein before limitted ) according to the rates heretofore imposed by order of parliament upon such discoveries , that then such estate which is concealed , or so much as appears to be above the value compounded for , shall be forfeit to the common-wealth . resolved &c. that all such persons as have been engaged in the latter warre , and not in any former engagement against the parliament , shall pay one sixth part of the true value of their estates ( except such as are included in any particular qualification before mentioned , who are to pay according to the severall rates in those qualifications . ) resolved &c. that all such persons as have been engaged in the latter war against the parliament , and have formerly compounded , and have not paid their whole fines , shall make good the remainder of their fines according to their agreement . resolved &c. that all such persons as have been engaged in the latter warre against the parliament , and have formerly compounded , shall pay one full sixth part of their estates over and above their former fines . resolved &c. that all such delinquents as shall perfect their compositions by the respective dayes herein before limitted , whose sequestrations have continued upon their estates to this day , shall be exempted from paying any fifth and twentieth part . die mercurii . martii , . ordered by the commons assembled in parliament , that the resolutions of the house touching delinquents and their compositions , be forthwith printed and published . hen. scobell cler. parliament . london , printed by r. cotes . . a certificate of what hath been done upon the poll-money, as well upon the act of poll-money, as upon the order of review of the same. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a certificate of what hath been done upon the poll-money, as well upon the act of poll-money, as upon the order of review of the same. england and wales. parliament. house of commons. sheet ([ ] p.) by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill, imprinted at london : . "the form of certificate with blanks alluded to in ordinance of nov."--steele. reproduction of the original in the british library. eng poll tax -- great britain -- early works to . taxation -- england -- early works to . a r (thomason .f. [ ]). civilwar no a certificate of what hath been done upon the poll-money, as well upon the act of poll-money, as upon the order of review of the same. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion ¶ a certificate of what hath been done upon the poll-money , as well upon the act of poll-money , as upon the order of review of the same . commons house . imprimis , the charge of each severall division amounteth in the totall sum unto — the discharge of the said totall sum appeareth in the particulars following , ( viz ) money paid into the chamber of london — money paid for the collecting and paying of the same , according to the statute or order of review — in certificates seen and allowed according to the said statute , the sum of money is — in pretended certificates neither seen nor allowed , the sum is — moneys uncollected , and not distreined by reason of the povertie of the partie assessed — such as are dead and were able to pay in their life time — refusers , that do not , or will not pay , although able and sufficient , whose names with the sums of money assessed upon them are in a schedule annexed hereunto , amounteth unto — memorandum , all that are assessed under twelve pence are not to be particularly named or written , but the totall sum in every parish or township therein set down , the grosse sum whereof is — you shall likewise certifie where any considerable partialitie or connivence hath been used , either by the commissioners or assessors , and in such case you are to certifie the particular persons name and place of abode , that so such person may receive his condigne censure . h. elsynge cler. parl. d. com. ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . . objections against edmund hemming's proposals (now lying before this honourable house for eight millions of money, by laying a duty on beds) answered, with some remarks heming, edmund, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) objections against edmund hemming's proposals (now lying before this honourable house for eight millions of money, by laying a duty on beds) answered, with some remarks heming, edmund, fl. . sheet ([ ] p.). s.n., [london : ?] place and date of printing from wing. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng heming, edmund, fl. . -- edmund heming's proposal. beds -- great britain -- early works to . taxation -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion objections against edmund hemming's proposals ( now lying before this honourable house , for eight millions of money , by laying a duty on beds ) answered , with some remarks . objection , that there are not five beds to a house one with another , and therefore the calculation must fall short . answered , that five beds to each house , one with another , is as near a calculation as can be made , without positive proof ; and there being allowod in the said proposals above one third part of the kingdom to pay nothing ( as being deemed poor ) then computing the remaining houses mentioned in the said proposals , which are more large . now , if some of them have but , , or beds to a house , yet it must be granted , that abundance have , , , , , or more , so there can be no great mistake in the calculation . object . that this duty will fall heavy upon those persons that depend upon lodgers , and they ought to be excused as well as inn-keepers ( which are proposed to pay no more for their beds then what their family use . answ . were all private houses as lyable to quarter soldiers as inns , it might be reasonable ; but having power to accept or refuse what lodgers they please , there is more reason they should pay ; because they receive profit by their beds , when others that must pay make no benefit by lodgings . object . this duty will fall hard upon day-labourers , that have a great charge of children , and consequently many beds . answ . this is a material objection , and easily answered , for this honourable house may except those persons , or charge them as they shall see sit . object . that to take the number of beds in the kingdom , will occasion officers to come into peoples houses , which cannot be indured . answ . it is not intended , but the master or mistress of the house , to give in their own account of their beds , to such officers that will come to their doors for that purpose : and if any such person give in a false account , then to forfeit — for each bed concealed ; whereby it may be supposed , no person will bazard the forfeiture of — for wronging the king of seven or eight shillings . remarks . this duty may be supposed to reach the abilities of men , and may be charged according to quality ; and so make it a more equal tax then any heretofore has been . this duty must be allowed to be as good and certain a fond as can be found out , being the most general and necessary commodity in england , for no man but would lye upon a bed or quilt at night ; and it cannot be supposed , that any person would lye without it , on purpose to defraud the king of the duty . it is humbly conceived , that this duty will amount to so great a sum that the land might be excused this year ; but if it be thought necessary not wholly to depend upon this , by reason it may be uncertain , then if 〈◊〉 the land pay s. in the pound , ( which would make one million ) the beds would make six millions more , allowing two millions to fall short in the calculation . this duty , and that upon land , may be collected by 〈◊〉 the same officers , but to lay several duties upon several commodities , which necessarily must be if this be not accepted , will create a great number of officers , and put the kingdom to a vast expence in collecting , besides subject to many frauds . charles by the grace of god, king of great britaine ... forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june, ... have made one voluntarie and free offer of one taxation ... thirtie shillings ... scotland. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) charles by the grace of god, king of great britaine ... forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june, ... have made one voluntarie and free offer of one taxation ... thirtie shillings ... scotland. sovereign ( - : charles i) charles i, king of england, - . broadside. r. young, [edinburgh : ] second pt. of title from text. imprint suggested by stc ( nd ed.). "given under our signet at edinburgh the twentie eight day of june, and of our reigne the ninth year, ." reproduction of original in the town house (aberdeen, scotland). charter room. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- scotland. scotland -- history -- charles i, - . scotland -- proclamations. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion charles by the grace of god , king of great britaine , france , and ireland , defender of the faith , &c. to 〈…〉 messengers , our sheriffs , in that part conjunctly and severally specially constitute greeting . forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june , . the three estates of our kingdome of scotland being assembled , having taken to their consideration the many blessings which this nation doth enjoy under our most wise , happie , and peaceable government , whereof each estate is most sensible , our royall zeale for propagating the gospel of jesus christ , our care for providing sufficient maintenance for the clergie , our extraordinarie pains taken for uniting the dis-jointed members of this common-wealth , and extirping of all roots of discords , relieving the oppressed , and with so even and fatherly a hand curing the wounds of this common-wealth , as the wisest eye can finde no blemish in the temper of all our royall actions ; and lastly , the great comfort they have by enjoying of our presence , pains taken , and expences disburst by us in this our journey , have made one voluntarie and free offer of one taxation to be imposed , collected , and payed to us in manner and at the six termes following , that is to say , for the barons and free-holders partes of the same taxation thirtie shillings money to be uplifted of everie pound land of old extent within this our kingdome pertaining to dukes , marquesses , earles , vicounts , lords , barons , free-holders and fewars of our proper lands , holden by them immediately of us ▪ and to be payed by them at everie one of the six severall termes following , videlicet , the sowme of thirtie shillings money 〈…〉 feast and terme of martinmasse in the year of god , . years . the sowme of other thirtie shillings money at the feast and 〈…〉 ●●●●inmasse in the year of god , . the sowme of other thirtie shillings mony at the feast and terme of martinmasse in th● 〈…〉 . the sowme of other thirtie shillings mony at the feast and terme of martinmasse in the year of god , . the sow●●●● other thirtie shillings mony at the feast and terme of martinmasse in the year of god , . and the sowme of other thirtie shillings money at the feast and terme of martinmasse in the year of god , . and for the spirituall men and burrows , partes of the same taxation , that there shall be uplifted of everie archbishoprick , bishoprick , abbacie , priorie , and other inferiour benefice , and of everie free burgh within this our said kingdome at everie one of the said six severall termes payment , the just taxation thereof as they have been accustomed to be taxed unto in all time by-gone whensoever the temporall lands within this our said kingdome were stented to thirtie shillings the pound land of old extent . and the same taxation to be payed at everie one of the six severall termes above-written . and for inbringing of the 〈…〉 termes payment of our burrowes , parts of the same taxation , our other letters are direct , charging the provest and bayliffs of each burgh to make payment of the taxt and stent thereof to 〈…〉 our co●●●or generall appointed by us for receiving of the same taxation , or to his deputes and officers in his name , having his power 〈◊〉 the same , at the feast and terme of martinmasse , in the year of god one thousand six hundred thirtie 〈…〉 years , 〈…〉 of rebellion , and putting of them to our horn . for whose relief 〈…〉 our will is , and we charge you straitly and command , that incontinent these our letters seene , ye passe , and in our name and authoritie command and charge the councell of that our burgh of 〈…〉 to conveene with you the said provest and bayliffs , and elect certain persons to stent their neighbours , and the same election being made , that ye charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of that our said burgh , and to conveene and set the same , and to make a stent roll thereupon as effeiris , within twentie foure houres next after they be charged by you thereto , under the pain of rebellion and putting of them to our horne . and if they failyie therein the said twenty foure houres being by-past , that ye incontinent ▪ thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . and likewise the said stent roll being made and set down as said is , that ye in our name and authoritie command and charge the burgesses , indwellers and inhabitants within that our burgh , to make payment of their said stent to you our said provest and bayliffs conform to the taxt roll to be made and given out thereupon within three daies next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horne . and if they failyie the said three daies being by-past , that ye incontinent thereafter denounce the disobeyers our rebells , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . and if need be , that ye our said provest and bayliffs poynd and distreinyie therefore , as ye shall think most expedient , according to justice , as ye will answer to us thereupon . the which to doe we commit to you conjunctly and severally our full power , by these our letters delivering them by you duely execute and indorsed again to the bearer . given under our signet at edinburgh the twentie eight day of june , and of our reigne the ninth year , . per actum parliamenti . truth brought to light, or, the corrupt practices of some persons at court laid open whereby their majesties and the kingdom have been prejudiced near one hundred and fifty thousand pounds this year; besides other evils that have and do attend it. crosfeild, robert. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) truth brought to light, or, the corrupt practices of some persons at court laid open whereby their majesties and the kingdom have been prejudiced near one hundred and fifty thousand pounds this year; besides other evils that have and do attend it. crosfeild, robert. viii, p. [s.n.], london, printed : mdcxciv [ ] attributed to crosfeild by wing and nuc pre- imprints. "proposals for an act of tunnage," pp. - . reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain -- early works to . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion truth brought to light : or , the corrupt practices of some persons at court laid open. whereby their majesties , and the kingdom , have been prejudiced near one hundred and fifty thousand pounds this year ; besides other evils that have and do attend it . london , printed in the year , mdcxciv . to the right honourable the lords spiritual and temporal , and commons in parliament assembled . the happiness and well-being of man does no ways consist in being possess'd of much wealth , but in a mediocrity ; and in the enjoyment of the purity of the gospel , and of good and wholesome laws : and of all governments now extant in the world , the english monarchy is the noblest , and comes nearest to that native liberty which man first enjoy'd ; and god and nature have laid an indispensable duty upon every man to endeavour the preservation of the municipal laws of his country . but notwithstanding , humane frailty is such , that we have many instances of persons ( otherways prudent and wise ) either through pride , ambition , or covetousness , that have had almost overthrown this noble fabrick : but it was never in such eminent peril as before the late revolution ; when our religion , laws and liberty , were near being swallow'd up ; and then god was pleas'd to make his majesty the happy instrument of our deliverance . but notwithstanding , the danger 's not over-past ; for we have ever since been engag'd in a great and dangerous war , upon the success whereof ( under god ) depends our future happiness : therefore men would think that all persons in publick trust , should with great zeal and affection pursue such ways and methods as tend to the putting a period to the same , and no ways obstruct their majesties and the publick interest ; but scorn and slight all those little mean thoughts of enriching themselves , at a time the safety and honour of their native country lies at stake . but through covetousness the understandings of men are darkned , and so see not the evils they draw upon themselves and others : and those who are in the highest orb , many times discern not ( having sublimer thoughts ) those things others do , who act in a lower sphear . and as all governments are incident and liable to corruptions , so it cannot seem strange if they have crept in among us : but ours will be found to be ( like some distempers ) hard to be remov'd ; for there are so many link'd together by interest , that they will not fail to support each other , and crush ( if not ruin ) him that opposes them . so it 's not for any single person whatever , to engage with them ; and therefore for that reason , i have here collected such of them as have come to my knowledg : which , with all humility , i lay before this most august assembly ; whose peculiar care has always been to root out corruptions , when they have appear'd formidable and inconsistent with the safety of the government : and that not the greatness or power of any that have abus'd their prince's favour , have been able to protect them from the just resentments of the nation . and 't is that which hath continued this government so long upon its basis . there hath been a notion industriously spread abroad by some through the kingdom , ( and which the nation hath too long imbib'd ) which is , that to make attempts upon the maritime coast of france were altogether impracticable : which seemeth strange , it being directly contrary to the received opinion of the rest of mankind , and the practice of all ages ; for the romans , carthaginians , and many other nations , that have been strong at sea , and even the venetians at this day , have ship'd potent armies both horse and foot , and made descents upon their enemies ; which have been attended with good success . and although the circumstance of affairs may alter and change , yet the nature of things never will : but if men shall land in the midst of smoak and fire , and where their enemies lie intrench'd , it 's no wonder if they are beaten off ; even at that rate may the best-laid designs be frustrated . and france hath so strong a barrier on every side , that notwithstanding the utmost endeavours of the allies for several years past , yet we see they have not been able to break into it ; and therefore with all due submission , i humbly conceive ( humanely speaking ) it 's impossible of making any impression on the enemy , otherways than by making a descent upon their maritime coast with a royal army . certainly there 's nothing can embarrass them like it : the vicinity of their country makes it so much the more practicable ; and england has been the ballance of europe , and may yet , if not wanting to it self . my design is not to embroil , but further their majesties affairs , and that all things may work together for the publick good ; which hath been the only scope and end of this my undertaking . so doubt not but i shall meet with a favourable construction : and if a publick and national interest be preferable before all others , then i cannot be much out in what i have done ; only must acknowledg to have handled the matter but weakly : yet the sincerity of my intentions will plead for me , and excuse the many defects therein ; and so hope i shall not only find protection , but a reward of my labours , and danger i undergo , for the honour and safety of my country . i am , my lords and gentlemen , your honours most humble , faithful , and obedient servant , robert crosfeild . truth brought to light , &c. it 's recorded in holy writ , that the children of israel serv'd the lord all the days of joshua , and of those elders that surviv'd him , having a thankful remembrance of his mercy and goodness , in giving them victory , and delivering them from the hands of their enemies . and we the people of this kingdom have received as eminent and great mercies from the hand of god as ever did the jews , and such as are hardly to be parallel'd in any age ; for we were brought to the very brink of ruine , and even ready to be devour'd by our enemies , and had no prospect or hope of deliverance . then did god raise up a prince ( unthought or unforeseen by us ) to rescue and deliver us ; and gave our enemies a spirit of fear and trembling , and they fled when no man pursu'd . these things have we seen with our eyes , and to the astonishment of the world , were deliver'd without blood-shed . but we are an unthankful nation and people , and so it 's no wonder that the hand of god hath lain heavy upon us , in afflicting us with a long and tedious war : therefore let us repent then , and not till then may we expect a blessing and a perfect deliverance ; for whatever some persons may think , there yet hangs a dark cloud over our heads : do we not see plotting against the government , ( and that by no mean persons ) ? and how far that poison 's spread , we know not , being back'd by a potent and great monarch : and not only so , but it will appear that some of our brethren , who probably in some cases may have been serviceable to their majesties , do ( making the most modest construction of their actions ) sacrifice the publick interest to their own private lucre. this , by the blessing of god , i doubt not but evidently to make appear : and i am no ways unsensible of the danger i undergo by this my undertaking ; and that i run a greater hazard than he that engages in battel : but i know not why i should be afraid , having truth and justice on my side : and in former ages ( however this may be degenerated ) it was ever accounted an honour for a man to venture his life for the publick good. at the first opening of the last session of parliament , i published a book entituled , england's glory reviv'd ; which i dedicated to their majesties , and both houses of parliament ; but it was never presented to the parliament , occasion'd ( i being ill ) by the timorousness of the bookseller , who was oblig'd so to have done . there are several things therein proposed , which are now put in practice , as shall be made appear in the ensuing discourse : and that the not rewarding persons that do things which contribute to the publick service , is a real injury to the kingdom ; but at present i shall wave that , and fall upon other matters . i had observ'd , that the collecting the land taxes , was a great charge to the crown ; the greatest part of which i conceiv'd might be sav'd , and the receiver-generals wholly laid aside ; so all that poundage they were allow'd , might accrue to the government . upon which having made a proposal , presented it to the right honourable the lords of the treasury , in the month of december last : and at the same time i deliver'd it , did acquaint their lordships by letter , that i did then wait their commands , and desired to be heard : but they took no notice thereof , which i attributed to their multiplicity of business ; so conceiv'd my self obliged to give farther attendance , which i did , and humbly desir'd i might be heard upon those proposals : this i did for many days , and prest ( as much as in modesty was fit to do ) that i might be heard , but all to no purpose ; for i found it was not grateful to them , and that they were no ways inclin'd to hear me : then conceiv'd i had no other way , but to petition his majesty in council ; which i accordingly did , and delivered it to mr. bridgman in secretary trenchard's office , ( with the proposal annexed ) that so my proposal might be read , and referred to the lords of the treasury , which was the prayer of my petition : and when council-day came , i was with him again , and he told me it was transferred to the council-office , where i found it ; and the gentleman to whom i apply'd my self , promis'd me it should be carried to the council-chamber . and when the council was actually sitting , i went to him ; and he inform'd me , my petition and proposal were before the council . and being afterwards to examine , whether i had a reference granted , found my petition had not been read : upon which i asked the foresaid person , what was the meaning that a matter of so great moment to the king , should be so little taken notice of ? his answer was , he knew not , and said , he had faithfully carried it to the council , ( it being all was requir'd of him ) and that he should not fail to do the same next council-day . after this manner was i serv'd several council-days , and never could obtain my petition to be read , and found all i did was but labour in vain ; and conceiv'd i had just reason to believe , that some persons endeavour'd to stifle it . upon which i addrest my self to the earl of — , a privy-counsellor , to whom i presented a copy of my proposal , and sometime after was to wait on him ; and his lordship's answer was , the thing he lik'd well , there could nothing be objected against it , but said , he durst not meddle in it , it would create him so many enemies : but notwithstanding all this , i was resolv'd further to prosecute the matter ; and being acquainted with the duke of — his chaplain , by his means presented his grace with a copy of it : whose answer to it was , that were he a privy-counsellor , he would prosecute the matter , but as he was not , he durst not meddle with it , it would create him so many enemies . from all which i may conclude and say , it 's too evident , that there is a corrupt party at court ( which yet shall be more fully made out ) that carry on a separate interest from that of their majesties and the publick ; and are grown to that height , that persons of great honour , and known loyalty , dare not encounter , as knowing they will not leave them till they have thrown them out of all employments , and so for the future incapacitate them to serve their majesties . and however i may be censur'd by some for what i do , yet i have the satisfaction in my own breast , that i have done nothing but what my duty obliges me to ; and doubt not but i shall have the concurrence of all true englishmen . the proposal is as follows . a proposal humbly offer'd for laying aside all the receiver-generals . it 's undeniably their majesties and the kingdom 's interest ( which are inseparable ) that what money is given for publick uses , should be apply'd to that end ; and to have all unnecessary officers laid aside ; and none are so useless as the receiver-generals , there being no manner of occasion for them : for the collector of the excise in each county is every way capable of acting the same thing , and with greater ease to the county ; and more satisfaction it would be to the subject to see the money imploy'd to publick uses , to which it was primarily intended : and i shall be as brief in the matter as possibly i can , and so shall bring but one instance , which i humbly conceive will fully demonstrate what i assert ; viz. the receiver-general for the county of hertford goes to four places ( as hertford , &c. ) and no more ; and by his circular-letters to the high-constables of the several hundreds , the collectors of the tax meet him at the day prefix'd , and pay in the money : which creates much trouble to some of them , who bring it a great way ( although it be a small county ) which they need not undergo ; which i shall evidently make appear : for the collector of the excise for the said county is oblig'd to go to all market-towns through the whole shire , and there are eighteen in the county : and it may with much facility and ease be so order'd , that at the same time he may receive the quarterly-payment for the land-tax , according to the districts of the said towns , as they are now settled in the excise : but if it be found that method will not do , they can then but take the same measures the receiver-generals now do , which they will be both willing and able to perform . there can no objection be made against this being put into practice , other than that it 's a great trust ; and the collectors have not given sufficient security for the same : but it 's probable they are capable of so doing ; if not , there 's never a receiver-general but what will willingly embrace the opportunity of having the imploy , and give good security , if his majesty shall be pleas'd to augment the salary fifty pounds a year during the war ; and when all 's done , it will be found his majesty will be a saver above forty thousand pounds per annum . the receiver-general for the county of hertford received in the year , sixty odd pounds for travelling , and other contingent charges : which money i humbly conceive would fully satisfy the collector of the excise , were it given him , over and above the travelling charge he 's usually allow'd . i have calculated what the poundage doth amount to that the receiver-generals are allow'd ; ( which any man may easily do , supposing the land-tax and poll-bill to be three millions of money , as i cannot conjecture it to be less ) and it will be found to be thirty seven thousand five hundred pounds . and i did design to have offer'd some thing more , which was this : it has always been the custom to allow the collectors of the tax three pence in the pound for collecting ; and with submission , i conceive if they were allow'd but two pence in the pound , it would be a full compensation for the trouble they undergo . it 's no argument to say , three pence has always been allow'd : the kingdom 's in danger ; and the money was given to publick uses ; and as they receive no detriment by what they do , it 's but reasonable they should put forth their helping-hand , and i think no good english-man would grumble at it . and by the same rule , this penny a pound will be found to amount to twelve thousand five hundred pounds . so that if the lords of the treasury had been pleas'd to have given me a hearing , their majesties had sav'd fifty thousand pounds this year . for the money that the receiver-generals are allow'd for travelling and other contingent charges , would fully satisfy the collectors of the excise , as may be seen by the accompts in the exchequer . but supposing it had not been in their lordships power to have made the collectors of the excise receiver-generals ; yet with submission , it was their duty to have propos'd it to the parliament , ( who would readily have received it ) that an act might have past . and one thing i observe to be of most dangerous consequence to the government , ( considering the nature of the quarrel we are engaged in ) ; that is , the selling of imployments . it 's too well known it has always been practised ; so it can be no scandal to relate it : but there are many evils attend it ; we have no shibboleth whereby to distinguish men , whether friends or foes : and there being now a competitor for the crown , and a dangerous faction among us , no question but it 's an inlet to our adversaries to all sorts of imployments ; and by this means i conceive it may not be difficult for them to get into the admiralty , or navy-office , custom-house , &c. and so may be capable of doing much mischief , as thus : suppose we look back to the time the turky-fleet went out , when we received that loss by the french in the straits : and when the lords of the admiralty issue out orders for the fleet to sail such a time , it 's not difficult for any corrupt person planted in that office , to get a sight of it , ( or it 's not improbable but it may pass through his hands ) : upon which he gives his correspondents at plimouth , falmouth , &c. notice of it ; and any of them may easily corrupt a poor fisher-man , who sails any where without suspition : so our enemies from time to time soon have intelligence of all our proceedings ; and no doubt we owe our losses at that time to such like practices as these . and therefore with submission , i conceive there ought to be great inspection made into all that are in publick imploys , and to throw out such as are found to be disaffected : but then they ought to be persons of great integrity that are entrusted in such an affair , otherwise it may be made use of only as an artifice to get money ; and many an honest man turn'd out that hath it not , or is not willing to part with it . i shall now proceed to give some relation of a matter which has been offer'd to the government by one mr. george everett , ( which he published the last session of parliament ) ; wherein he proposes to save their majesties an hundred thousand pounds a year , in the building and repairing the royal-navy : and it hath been before the right honourable the lords of the admiralty ( who are the proper judges of it ) a year and a half ; yet all this while they cannot ( or will not ) apprehend it , there being nothing effectually done in it ; nay , the author has been brow-beaten by those whose duty it was to have encouraged him . it 's certainly a most ingenuous thing , and not to be confuted ; and were it put in practice , would fully answer what he hath propos'd . what is writ , is not to cast aspersions on the lords of the admiralty , but that the nation may have justice done : for there 's no man that reads that book , ( unless biass'd by prejudice or interest ) but what will be of the opinion , that the obstruction of that matter hath been greatly to the detriment of their majesties and the kingdom . it has been long since highly approv'd on by many persons of honour and quality : the names of some of which take as follows ; his grace the duke of leeds lord president , admiral russel , lord lucas , lord cornwallis , sir john lowther of lowther , sir cloudsly shovel , sir henry goodrick , sir richard onsloe , sir samuel dashwood , sir james houblon , &c. but this is not all , for there are several other honourable and eminent persons ( that they might further so good a work ) have been pleas'd to subscribe their names to several certificates ; and which are as followeth : we the lord-mayor and aldermen of the city of london , whose names are here-under subscrib'd , do approve , and conceive that the methods in this book for the more speedy and effectual building and repairing their majesties royal navy , will be very advantagious to their majesties and the government , ( if the same be put in practice ) : and we do recommend mr. george everett ( the proposer hereof ) as a fit person to be aiding and assisting in the same . william ashhurst mayor , john moor , robert jefferies , thomas lane , edward clark , humphrey edwin , richard levet , thomas abney , william hedges , william pritchard . we whose names are here-under subscrib'd , do approve and conceive the methods in this book , &c. r. delaval , berkley , danby , thomas vernon , william williams , william warren , william sconing , robert davis , joseph ashton . we the master and assistants of the company of free shipwrights , whose names are here-under subscrib'd , do approve and conceive the methods in this book , &c. robert parsons , charles pain , james cutler , richard lucas , jacob crispin , richard wooden , john plummer , richard russel , robert barnwell , james haydon , henry farrant , john finch , john crow , francis preston . now all these things being summ'd up , which i have here related , there 's no considerate man can blame me , if i appear in some heat : has not the kingdom stood up and vindicated it self ; and by god's blessing preserv'd its religion and property ? and are they now less valuable than they were six years ago ? no sure , they are as much to be prized as ever : but men are too apt to prefer their own interest before the publick ; and corruptions naturally grow , and no place is so liable as the courts of princes , or of so dangerous consequence . and as it 's our case at this day ; yet it can be no reflection on his majesty's prudence , ( who hath sufficiently manifested to the world the great care he hath of our welfare , by the many dangers he hath undergone for our sakes ; ) for all he can do is but to make choice of such persons as are well qualified for business : and if they shall afterwards ( forgetting their duty and obligations they lie under ) prefer their own interest before the publick good , it 's not in his majesty's power to discover it . o the mischief and evils that attend covetousness ! by it many families , nay kingdoms , have been ruin'd ; and therefore well might st. paul call it the root of all evil : and david renders such persons no better than cannibals ; they eat up my people as they eat bread. and he that 's not wilfully blind , may see the kingdom ( and indeed almost all europe ) in a languishing condition : and have men no bowels of compassion or regard to the honour and safety of their country ? certainly a covetous person ( whom god abhors ) can be a friend to none : for he will sacrifice all to his own lust ; and you may as well think to wash a blackamore white , as ever to reclaim such men ; for they are as insatiable as death or the grave . and i conceive no man will so much as doubt , but that those very persons that have thus obstructed their majesties and the publick interest , have not been ( nor never will be ) wanting to use all artifices whereby to prolong the war ( salamander like ) , that they may make a plentiful harvest , while the nation is spending its blood and treasure . this can be no unjust censure , but an inference naturally following such actions . and without all question , such men are much more dangerous than an open foe : and if the war continue , and these things are not inspected into and redress'd , we are like to be an unhappy people . queen elizabeth was happy , being all her time serv'd with much faithfulness ; and carried on great wars , and was generally successful in her undertakings : and secretary walsingham has left such an example behind him , which i judg there 's few will take as a precedent for them to walk by . however , this nation is not so far corrupted and degenerated , but that there may be found persons of honour and worth capable of serving their majesties in the highest station , and who will discharge their duty with faithfulness and loyalty . i shall now proceed to give some account of those things i propos'd in the book i published the last session of parliament ; but shall only refer to such of them as are now put in practice : i had observ'd what little use we had made of our shipping , tho being so much superiour to the enemy in our strength at sea , especially the two preceding years ; one of which we could not find them out , the other they had gotten up into the straits , when and where they destroy'd so much of our shipping : and yet both we lay idle ( as i may say ) upon the coast , and made no attempt upon their maritime towns ; but suffer'd them to draw their whole strength into flanders , to the great dishonour of the nation : which i conceiv'd to be no ways parallel to the actions of our fore-fathers ; the apprehension of which , made me presume to write that bold dedication i did to the parliament ; where you may see these following words : it astonishes me , when i consider that two nations , who are so potent at sea as we and the dutch are , should not make a more advantageous use of that strength which god hath given us : the being strongest at sea , was ever an unspeakable advantage ; which is apparent to the whole world that we are , notwithstanding those losses we have had . and we may plainly see that the providence of god generally works and brings things to pass by natural causes and effects , as may evidently be seen by the late revolution in this kingdom : for it was by the evil administration of government , under various circumstances of affairs , that contributed to it , and which gave just ground and occasion for it ; and was that which turn'd the hearts of the people , and thereby begat a union of parties , and was the great outward cause of our present settlement . therefore in vain will it be for us to cry unto god for help , and to give a blessing to our endeavours , when we take not apt and proper measures . and this year we have seen quite different measures taken , from what hath been the whole course of this war , greatly to the honour and interest of the kingdom : and the going of admiral russel into the straits , is certainly much to the glory of this nation , and ecchoes into all parts of the world ; and has not only sav'd an ally from ruin , but hath , as it were , clap'd a hook in the nose of our great adversary , which makes him plunge like the great leviathan ; and if the blow be follow'd , it will humble him , and make him know he 's but man , and that all his flatterers are but so many false prophets . and whoever will but consider the strange alteration there hath been in the publick affairs , in reference to the prosecution of the war against france , and read but the last recited dedication , will be apt to conclude , i was instrumental in it ; not that i am so vain as to think , it has been done upon the account of my writing , but am of the opinion , that there are many worthy ministers of state , who had long endeavoured to have had such measures taken , but were not able to prevail . but matters being laid open to the view of the world , it may no doubt , in some degree , have furthered their good intentions . i presented to the right honourable the lords of the admiralty , proposals for laying aside the press-ketches , and for taking up the sailers ( in the several ports ) by the custom-house officers , it being seen by experience , that they generally fly up into the country , or otherway abscond , so soon as the press-ketches arrive in port ; which puts their majesties to a great and unnecessary charge : and there are many judicious persons ( who well understand these affairs ) have thought this might be put in practice in most of the out-ports of the kingdom , and thereby prevent that great obstruction to trade , which is occasion'd by a continual press . and upon the result of the matter , their lordships answer to me was , that the fleet was out , and they could not then put my proposition in execution ; so i took it for granted , they did approve of what i had done , ( having answer'd all objections ) ; but their lordships have not since thought fit to put it in practice : therefore i could heartily wish the matter were inspected into as to the validity of it , by those who have a power so to do . my zeal for the publick , has made me transgress and break promise , in giving a relation of this matter that is not put in practice ; but the importance of it being consider'd , i conceive i cannot be blam'd for so doing . and observing what an injury the nation receiv'd from the great imbargoes that were every year laid upon shipping , i did ( at the same time i made the proposals ) what in me lay to remove so great an evil , and therein prov'd to be successful ; and so shall give some account of the matter , as it was offer'd to their lordships , in a copy of a letter to the lords of the admiralty , which you may see just after the preface to the reader . upon the delivery of this letter , i was call'd in before their lordships : where it was read ; and they told me it was an easy matter to say a thing , and ask'd me if i could give reasons to prove what i did assert ? so they put me upon answering this , if any hardship must lie upon shipping , it should rather be thrown upon the coasting trade . which i did deliver , and endeavour'd to prove by another letter to the lords of the admiralty , immediately following the foregoing letter . and besides these letters , i further fully demonstrated , ( as appears in the book i published , to which i refer the reader ) that there was no manner of occasion for laying any imbargo , there being a sufficient body of sailers , to answer the end of government , and the necessities of trade : and this year we see there has been none laid , notwithstanding the king has taken several thousands of sailers more into his service , than at any time during this war. and their lordships are now so far from laying an imbargo , that they have put forth strict orders , that no press-masters presume to meddle with any sailers on board outward-bound shipping . by all which i have here related , i doubt not but it appears to any impartial man , that the arguments i us'd was the cause of laying aside the imbargo ; if not , why was it not done before , when there was less occasion for an imbargo than there is now ? but solomon tells us , a poor man sav'd a city , and no body remembered that poor man : so it 's no wonder at all that i go unrewarded , in an age and nation where corruption so much abounds . i likewise humbly propos'd an act of tunnage , for laying six pence per tun upon all coasters , &c. which may be seen p. , &c. of my printed book : and seeing the act now in force extends not to barges , &c. i think it not amiss to repeat what i then propos'd . proposals for an act of tunnage . when the kingdom is engag'd in war , it 's not only requisite , but equitable , that all persons , according to their several degrees and qualities , should contribute to the emergencies of the state ; all due regard being first had to husbandry and trade : and wherein things do not obstruct or impede either , it 's but reasonable . and indeed there are many whose estates and effects lie in shipping , who have no ways yet contributed any thing to the publick , during the whole course of this war ; and who are under good circumstances , and capable of paying taxes proportionable to the rest of the king's subjects , and no injury thereby done to trade . they may , it 's true , plead they are at great charge to the light-houses , and by convoy-money ; which is no hardship upon them , it being brought in upon the merchants as average . unless it fall upon colliers ; and it 's well known they get a great deal of money , notwithstanding all the charge they are at , and the great wages they give . and it may further be objected by them , that they are liable to great dangers , and many of them taken by the enemy . all which is no more than what the merchants are expos'd to ; whose effects are generally of much greater consequence than their shipping , yet are no ways exempted from paying greater duties , both inward and outward ; notwithstanding any great losses they have had , or may hereafter meet withal . therefore , it seems altogether unreasonable , that these persons should be exempted from being tax'd , when there may thereby be so much money rais'd , as will be of great importance to the government . but that things may be done in all due moderation , that no good subject shall have any just cause of complaint , and not one tax'd more than another ; it would be requisite , i humbly conceive , to have an act of parliament made to lay it as a tunnage , with due r●gard being had to the burden and voyage of each ship , and to make a distinction between coasters and vessels outward bound , according to these ensuing propositions . proposition i. that all coasters whatever , ( except colliers ) pay six pence per tun to the collector of each port where he takes his lading , according as the ship shall measure : but if he shall not have his full lading , then a deduction to be made according to what he wants ; or if he shall afterwards have the misfortune to fall into the hands of the enemies , then he shall have the liberty to draw back what tunnage he paid that voyage , and be paid upon demand , or be allow'd it by debenter , and have twelve months time so to do , after the loss of the said ship : but all colliers shall pay their tunnage in that port they break bulk and vnload ; unless it be such of them as are outward bound . as to holland , ireland , &c. they shall pay it as the coasters do , in that port in which they take their lading ; but be liable to pay no greater tunnage than they do . proposition ii. that all outward-bound ships , except colliers , bound either for holland , flanders , portugal , denmark , ireland , &c. pay twelve pence per tun , according as each ship shall measure ; and in case any of them shall happen to be taken by the enemy , before they have perform'd their intended voyage , then they shall draw back this tunnage , and be paid by the collector upon demand , or be allow'd it by debenter . and all inward-bound ships , from the abovesaid countries , either english or foreign , shall pay two shillings per tun ; and in case they shall not have their full l●…ding , deduction shall be made for the same . proposition iii. that all outward-bound ships that shall be bound either to the east or west-indies , straits , east-country , coast of africa , &c. shall pay two shillings per tun ; but in case they shall fall into the enemies hands , and not perform their voyage , then they shall draw back the said tunnage , and be paid upon demand , or by debenter . and all inward-bound ships , from the foresaid countries , shall pay four shillings per tun , and not be clear'd till the said monies paid . proposition iv. that all western barges , and all other barges whatever ; all fish-smacks , hoys , lighters , ( except such who constantly carry dung or soil ) shall pay twenty shillings per quarter , and pay the money every quarter to the collector of each respective port , within six weeks after it becomes due ; and upon default thereof , to pay double : and that they come and make entry of them , with the names of the owners , at the custom-house of that port or harbour they use , ( but this shall be done without fee ) within six weeks after the act takes place . this foregoing matter i did present to several ministers of state , a month before it was published ; and they were pleased to acknowledg it the first of that nature that had been offer'd to the government . and shipping before was ever look'd upon to be as sacred as church-lands . it 's not to be denied , but that 't is greatly improv'd , beyond what i propos'd ; i always thought it might be so , and am very glad to see it brought to that perfection it is . there is a worthy gentleman , who upon the exchange was pleased to say , he was the first man that propos'd the tunnage act to the king. and not unlike , ( but he cannot forget that i presented him with a book , wherein it was propos'd four months before ever it was mov'd ) ; and his majesty has no ways been wanting to him , but has put him into an honourable station . and indeed his goodness is such , that he never fails to recompence those that do him service , if the matter comes to his knowledg : and if others would but imitate his vertue , and follow his example , his majesty would be better serv'd . and whoever those worthy gentlemen are , that first mov'd and occasion'd the royal bank , ought to have their statues set in brass , to perpetuate their memory to future ages : for it will appear every day more and more , to be of great importance to the kingdom , ( besides the advantage that accrues to them who are concern'd in it ) it being that which this nation hath long wanted ; and no foreign bank whatever can compare with it , or appear to be built upon so solid a foundation . and the tunnage is the most insensibly felt of any tax that hath yet been levied ; for altho the merchants and owners of shipping disburse the money , yet it cannot be said to be any thing out of their pockets ; for it doth consequently advance the goods , proportionable to what 's paid , it being general ; so it doth , as it were , diffuse it self into all parts of the kingdom : and by what has been before related , certainly there 's no man but will grant that i laid the first foundation of the tunnage act , ( or that i had the gift of prophecy , having propos'd it six months before it was past into an act ) ; but the matter 's too plain to be question'd , and there are some persons at court ( by the station they are in ) who are oblig'd in honour and justice to give incouragement to men that do any thing that contributes to the publick service ; who notwithstanding , make but tools of them , to the prejudice of their majesties and the kingdom , and dishonour of the nation . for rewards and punishment are the support and axis upon which all governments move . therefore these things are not writ ( as st. paul says in another case ) for his sake that did the wrong , or his that receiv'd the wrong ; but that the nation may see . — what is it the french king at this day owes all his vast improvements by sea , and conquest by land too , but the faithfulness of his ministers , and the great rewards he never fails to give them that do him service ? ( honos alit artes. ) it 's that which makes men bold and daring , and even out-brave death it self , and knits the minds of men fast to a prince . for all men naturally are well pleas'd to see persons rewarded for service done : it 's that which begets a steady loyalty , and puts hope in every man ; and it 's no other than what hath ever been the practice of all the civilized nations and ages in the world. and our fore-fathers were always careful to see it executed : and 't is the method that even god himself takes with sinful man , that so he may wean his affections from these transient things below , and have an eye unto the recompence of reward . and so thus while we neglect our duty , we tempt providence . therefore until better measures are taken , i cannot see with what confidence we can think to prosper : for miracles are ceased , and god expects we use such methods as conduce and have a tendency to peace and happiness ; otherwise , if we miscarry , it may truly be said , we have been the authors of our own ruin. but it 's the parliament , and only they , that are able to cope with , and engage this hydra ( this many-headed monster ) ; for they are the great council and physicians of the nation , and have never been wanting to redress national grievances . i shall conclude with that excellent form of prayer , compos'd by our church : most gracious god , we humbly beseech thee , as for this kingdom in general ; so especially for the high court of parliament under our most religious and gracious king and queen at this time assembled : that thou wouldest be pleased to direct and prosper all their consultations to the advancement of thy glory , the good of thy church , the safety , honour , and welfare of their majesties and their kingdoms ; that all things may be so ordered and settled by their endeavours upon the best and surest foundations , that peace and happiness , truth and justice , religion and piety , may be established among us for all generations . these and all other necessaries for them , for us and thy whole church , we humbly beg in the name and mediation of jesus christ our most blessed lord and saviour . amen . finis . whereas his majestie was graciously pleased by a commission under the great seal of england, bearing date at westminster on or about the tenth day of december last past, to constitute and appoint sir charles meredith, knight and chancellor of his majesties court of exchequer in this kingdom ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas his majestie was graciously pleased by a commission under the great seal of england, bearing date at westminster on or about the tenth day of december last past, to constitute and appoint sir charles meredith, knight and chancellor of his majesties court of exchequer in this kingdom ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) essex, arthur capel, earl of, - . [ ] leaves. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. imprint from colophon. "given at the council chamber in dublin the th day of may, "--leaf [ ] broadside in [ ] leaves. reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense diev et mon droit royal blazon or coat of arms by the lord lieutenant and council of ireland . essex . whereas his majestie was graciously pleased by a commission under the great seal of england , bearing date at westminster on or about the tenth day of december last past , to constitute and appoint sir charles meredith knight , and chancellor of his majesties court of exchequer in this kingdom , sir james cuffe knight , john stone esq robert wood dr. of laws , thomas taylor esq robert gorges dr. of laws . thomas sheridan , william hanway , edward wigg , thomas waller , and murtogh dowling esqs to be his chief commissioners , & governors for managing of all and every the rates , duties summe , and summes of money , and other his majesties revenues and in●omes in this kingdom , during his majesties pleasure . and whereas his majestie hath been since graciously pleased by an indenture under the great seal of england , bearing late the eighth day of april last to demise grant , & to farm let unto sir james shaen knight & baronet , william hill , william rider , thomas hoar , francis soane , william muschamp , edward richbill , stanhop mill , lawrence stannyan , john gourney , and thomas sheridan esqs all his majesties revenues , profits and incomes in this kingdom , which upon the th day of december last , and until the th day of december , which shall be in the year of our lord inclusive , are or shall be due , answerable or payable unto his majestie , his heirs or successours ( new ai●es , or increase of his majesties revenue by acts of parliament to be hereafter past , only excepted ) with full power and authoritie , to govern , improve , let , set , receive , collect , levy & manage the same , by themselves , their deputies , agents , substitutes and servants at and under the rents , covenants , conditions , savings , limitations and restrictions therein mentioned , as in and by the said letters patents ( relation thereunto being had ) doth more fully and at large appear . and whereas some of the said farmers are since arrived in this kingdom , who have produced before us the lord lieutenant and council , his majesties said letters patents of the said farm , bearing date the aforesaid eighth day of april last , as also a sufficient power & authoritie from the rest of the said farmers , to take upon them the care and management of the said farm , and of his majesties revenue , thereby demised to them . and whereas his majestie by his letters under his signet and signe manual , bearing date at his court at white-hall the th day of this instant may , hath signified his royal will and pleasure , that a proclamation should issue for superseding , annulling and vacating the aforesaid commission and all powers and authorities therein and thereby granted , which upon the perfecting and sight of the patent of the said farm are by his majesties said letters declared to be actually superseded , we the lord lieutenant and council in obedience to his majesties said letters , do therefore by this our proclamation publish and declare , that the aforesaid commission granted to the said sir charles merideth , sir james cuff , john stone , robert wood , thomas taylor , robert gorges , thomas sheridan , william hanway , edward wigg , thomas waller , and murtogh dowling , and all the powers and authorities thereby granted , are suspended , annulled and vacated , and shall from henceforth cease and determine . and we do hereby require and command the aforesaid commissioners , the chief treasurer , and all other receivours , collectors , and ministers , which are or have been imployed under them , to be answerable & accountable only to his majesties said farmers of his revenue , for their respective receipts , proceedings and actings , in , by and under the said commission , and for preventing any inconvenience which may happen unto , or befall his majesties said revenue , by the revoking or superseding the said commission , we do hereby further require and command all and every th apersons imployed immediately under the said commisioners at the head office or generall office of the revenue at dublin , and likewise the receivers , collectors , and other officers and ministers who are now imployed in and about the said revenue elsewhere , to continue and act in their severall and respective imployments and stations , during the time they shall be continued and authorized , or untill they be removed dismissed or discharged , by the said farmers or the greater number of them , or such as they or the greater number of them have constituted and appointed , or shall hereafter constitute and appoint . and in the mean time , they are to observe and follow such rules , orders and instructions , as they shall from time to time receive from the said farmers , or the major part of them , or those authorized and appointed by the major part of them . and we do hereby require all his majesties officers and ministers in this kingdom , to be aiding and asisting unto the said farmers , and such as they shall from time to time associate unto or appoint , or imploy under them in and for the execution of the trust commited to them by the said grant and demise , whereof all persons concerned are hereby required to take notice given at the council chamber in dublin the th day of may , ja : armachanus . mich : dublin canc. massereene . fitzharding . heugh . glenaully : j : povey . jo : bysse . wil : steward . ol : st : george . hans ▪ hamilton . wm : flower ri : gethin . john cole . god save the king. dvblin , printed by benjamin tooke , printer to the king 's most excellent majestie ; and are to be sold by joseph wilde , bookseller in castle-street . . at a generall meeting of the committee for arrears, the th. of september, anno dom. . city of london (england). court of common council. committee for arrears. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at a generall meeting of the committee for arrears, the th. of september, anno dom. . city of london (england). court of common council. committee for arrears. lathum, tho. city of london (england). court of common council. sheet ([ ] p.) s.n., [london : ] imprint from wing. signed at end: tho. lathum cler. conmiss. præd. annotation on thomason copy: "sept ". reproduction of the original in the british library. eng taxation -- england -- london -- early works to . great britain -- history -- civil war, - -- early works to . london (england) -- politics and government -- th century -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no at a generall meeting of the committee for arrears, the th. of september, anno dom. . city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion at a generall meeting of the committee for arrears , the th . of september , anno dom. . forasmuch as that by severall former precepts awarded in pursuance of severall orders of common-councell , and in particular by the precept dated the fourth of this instant september ; it was ordered , that on this day return should be made to this committee , of the names of all persons that are in arrear upon any of the assessments , in such manner , and to such purpose as therein was expressed . and whereas also by the same precept , the collectors in their severall divisions were required to be active and diligent in the collecting of the said severall assessments ; and that the collectors within a certain time therein prefixed , were to make up their accompts concerning the same , with the deputy and common-councell-men in their said severall divisions , and pay in the money then remaining in their hands to the treasurers at war : and that return should by the deputy common-councell-men and collectors be made to this committee , of the names of such persons within their ward , as have not paid their said assessments , and the summes by them owing , and the reasons why they pay not the same ; and if any of the said collectors should be remiss that then their names were to be this day also returned ; and thereupon ( according to an order of the honourable house of commons ) to be certified to a committee of parliament , as in and by the said precept , relation being thereunto had , may more at large appear : all which nevertheless , and although the said committee this day expected returns to have been made , according to the same precept ; but the said service being ( as it now seems ) neglected , it is therefore ordered , that time be given for the doing the matters and things contained in the former precept , by the said deputy , common-councell-men , and collectors , and every of them , untill tuesday next at two of the clock in the afternoon ; with this intimation also , that if the said returns are not by that time made , that then the deputies and severall common-councell-men doe make return of such of the said collectors as either obstruct or neglect the work , or fail in doing any thing of them required , whose names are by this committee to be then returned to the said committee of parliament ; or in default thereof , the said deputies and common-councell-men are to be returned to the said committee of parliament , there to be dealt withall according to their demerit : with this also , that further time or favour is not to be expected . and it is hereby further ordered , that the returns shal be made by this committee of the said defaulters at the time aforesaid . and all parties concerned therein , are to take notice hereof . tho. lathum cler. comiss . praed. a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april . (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. . by a fragment of the old commons house, ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence, submit to the new illegal tax or contribution of ninety thousand pounds the month; imposed on the kingdom by a pretended act of some commons in (or rather out of) parliament, april . (when this was first penned and printed,) nor to the one hundred thousand pound per mensem, newly laid upon england, scotland and ireland, jan. . by a fragment of the old commons house, ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], , - p. printed for edw. thomas at the adam and eve in little britain, london, : . text is continuous despite pagination. postscript pp. - . annotation on thomason copy: "feb: "; the in the date has been crossed out. reproduction of the original in the british library. eng england and wales. -- early works to . england and wales. -- parliament -- early works to . taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- finance -- early works to . a r (thomason e _ ). civilwar no a legal vindication of the liberties of england, against illegal taxes and pretended acts of parliament, lately enforced on the people: or, prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a legal vindication of the liberties of england , against illegal taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence , submit to the new illegal tax or contribution of ninety thousand pounds the month ; imposed on the kingdom by a pretended act of some commons in ( or rather out of ) parliament , april . ( when this was first penned and printed ) nor to the one hundred thousand pound per mensem , newly laid upon england , scotland and ireland , jan. . . by a 〈◊〉 of the old commons . house , secluding the whole house of lords , and majority of their hellow members , by armed violence against all rules of law and parliament presidents . esay . . he looked for judgement , but behold oppression ; for righteousnesse , but behold a cry . psal. . . for the oppression of the poor , for the sighing of the needy ; new will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. . . . i have also heard the groaning of the children of israel , whom the aegyptians keep in bandage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage ; and i will redeem you with a stretched out arm , and with great judgements . eccles. . , . so i returned and considered all the oppressions that are done under the sun , and beh●ld the tears of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherefore i praised the dead which are already dead , more than the living which are yet alive . the second edition enlarged . london , printed for edw. thomas at the adam and eve in little britain , . errata . page . l. . to , read by . p. . l. . seclusion . l. . dele in . l. . extended . p. . l. . on . p. . l. . only . p. . l . and , r. as . p. . l. . it is . p. . l. . obsta . p. . l. . to . p. . l. . resolved . l. . and , r. as . p. . l. . and , r. of . margin . p. . l. . , r. . to the ingenuous reader . the reasons originally inducing and in some sort necessitating me to compile and publish this legal vindication , against illegal taxes and pretended acts of parliament , imposed on the whole english nation , in the year . by a small remnant of the commons house , sitting under an armed force , abjuring the king and house of lords , and unjustly secluding the majority of their fellow-commoners , against the very tenor of the act of caroli , c. . by which they pretended to sit , the letter of the writs by which they were elected , and those indentures by which they were returned members , the oaths of supremacy , and allegiance , protestation , solemn national league and covenant which they all took as members ; the very first act of parliament made and printed after their first sitting , caroli , c. . and many hundreds of declarations , remonstrances , orders , ordinances , votes , from nov. . . to dec. . . have constrained me now to reprint it with some necessary and usefull additions in the year . above ten years after its first publication : those very rumpers , who on the th . of april . imposed a tax of ninety thousand pounds the month on england alone , having on the . of january , . presumed to lay a new tax of no lesse than one hundred thousand pounds the month , for six months next ensuing , on england , scotland , and on ireland too , ( never taxed in former ages by intire undubitable english parliaments ) when as by their former order , they advanced and paid in before hand a heavy tax ( illegally imposed on them by a protectorian conventicle ) during those very months for which they are now taxed afresh far higher than before , though totally exhausted with former incessant taxes , free-quarter , militia expences , imposts of all sorts , and utterly undone for want of trade ; and all to keep them in perpetual bondage under armed gards , and iron yoaks , under pretext of making them a new free-state and common-wealth , of the jesuites projection , perpetually to subvert our antient hereditary monarchy , kingdom , and true old english * common-wealth , under which we formerly lived , and flourished with greater freedom , splendor , honour , peace , safety , unity , and prosperity , than we can ever expect under any new form of government or utopian republick whatsoever our whimsical innovators can erect . when our parliaments under our antient and late kings granted any aydes , subsidies , imposts , to supply the publick necessities , as they were alwaies moderate , and temporary , not exceeding the present necessities , and the peoples abilities to pay them ; so they ever received some acts of grace and retribution from our kings , and new confirmations of their great charters , and fundamental laws and liberties , recorded in our parliament rolls and statutes at large . but our new republicans , worse than the old aegyptian pharoes and tax-masters , double our bricks , taxes , yet deny us straw and materials to make or defray them redressing none of all our publick grievances , nor easing us of any unjust burthens or oppressions whatsoever , nor indulging any graces or favours to us , nor yet so much as preserving , or confirming our old grand charte●s , fundamental laws , statutes , for the preservation of our lives , liberties , properties , franchises , freeholds but violating them all in a far highe : and more presumptuous degree , than strafford , canterbury , the shipmony judges , or any of our kings , whom they brand for tyrants , and that after all our late wars and contests for their defence . upon which account , i held it my bounden duty , to enlarge and reprint this vinaication , nor out of any factious or seditions design , but from the impulse of a true heroick english publike spirit , and zeal to defend my native countries undubitable hereditary rights , against all arbitrary tyrannical usurpations and impostors whatsoever ▪ though arrogating to themselves the title and power of the parl. of england , when their own judgements , consciences , as well as all our antient statutes , parliament rolls , laws , judges , law-books and treatises of english parliaments , resolve them , to be no parliament at all , but an * anti-parliamentary conventicle . if i now lose my life ( as i have formerly done my liberty , calling and estate ) for this publike cause , i shall repu●e it the greatest earthly honour and 〈◊〉 to dye a ma●●●● for my dying country , & to redeem her lost liberti●s , with the losse of my momentary life , which will be more i●ksome to me , than the 〈◊〉 death , if protracted only to behold those ruines and desolations , which some grandees tyrannies , and bedlam exorbitances are like speedily to bring upon her , unlesse god himself , by his miraculous provi●●n●●s reflrain their fury , abate their power , and confound their destructive des●gns beyond all humane expectation as he hath done of late , and i trust he will s●dainly do again , to the rejoycing and reviving of all good men . which is the hope and expectation , of thine and his native countries true friend and servant william prynne . lincolns inne , feb. . . a legal vindication of the liberties and properties of all english freemen against illegal taxes : or , reasons assigned by william prynne , &c. being on the th . of this instant june , . informed by the assessors of the parish of swainswicke , that i was assessed at l. s. for three moneths contribution , by virtue of a ( pretended ) act of the commons assembled in parliament , bearing date the seventh of april last , assessing the kingdom at ninety thousand pounds monthly , beginning from the of march last , and continuing for six moneths next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monethly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since on the fifteenth of june required to pay in l. s. for my proportion ; i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure , submit to the voluntary payment of this illegal tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more than ship-money , ( the times considered ) or any other illegal tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legal they had none ) than voluntarily pay , or not oppose it in my place and calling to the uttermost ; upon the s●me , if not better reasons , ●● i oppugned a ship-money , knighthood , and other unlawful impositions of the late king and his councell heretofore . and that they and all the world might bear witness , i did it not from meer obstinacy or sullenness , but out of solid real grounds of conscience , law , prudenoe , and publick affection to the weal and liberty of my native country ( now in danger of being ensl●ved under a new vassallage , more g●ievous than the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my resusal in writing , and to publish them , so soon as possible , to the kingdome for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kind of contribution . in pursuance whereof , i immediately penned these insuing reasons , against that taxe in . which i augmented with some new additions ▪ against the hundred thousand pound tax each month imposed on us , by our worse then egyptian tax-masters now ; for those very six ensuing months space , they payed in long since , before they became due , by their forced exactions and distresses , against all rules of justice , law , conscience , and presidents of former times ; which i humbly submit to the impartial censure of all conscientious and judicious englishmen : desiring either their ingenuous refutation , if erroneous ; or candid approbation , if substantial and irrefragable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undeniably evident by the express statutes of magna charta , cap. , . . e. . c. , . . e. . de tallagio non concodendo , c. . e. . stat. . c. . stat. . c. . . e. . stat. . c. . stat. . cap. . . e. . rot. parl. n. . . e. . c. . rot. parl. n. . . e. . stat. . c. . . e. . rot. parl. n. . . e. . c. . & rot. parl. n. . . e. . rot. parl. n. . . e. . rot. parl. n. . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , . caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , ann. . & . car. c. . . . . and fully argued and demonstrated by mr. william hackwell in his argument against impositions , judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) pag. . ▪ &c. , , , , , &c. with sundry other records and law-books cited by those great rabbies of the law and patriots of the peoples liberties . but the present tax of ninety thousand pounds a moneth , now exacted of me , an. . and this of an hundred thousand pounds each moneth now demanded , was not thus imposed . therefore it ought not to be demanded of , or levied of me ; and i ought in conscience , law and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; even by the junctoes knack of oct. . . to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two moneths before this pretended act , by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of h. . and h. . rot. parl. n. . cook . institutes p. . and e. . . b and i have largely and irrefragably proved : in my true and perfect narrative , . for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks instit. p. . resolve ) which was summoned and constituted onely by his writ , now actually abated by his death : and the parliament ( as is evident by the clauses of the several writs of summons to c the lords , and for the election of the knights and burgesses , and levying of their wages ) being only parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to our parliament , there to be personally present , and confer with us ( nobiscum , not our heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) us and our kingdom of england ; and knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrum veniendo , &c. quod sommoneri fecinus , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri t●ngentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writs and authority by which they were summoned , with the ends for which they were called ( to conferre with us , about us and our kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revival ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and they with all other members of parliament , cease to be any longer members of it , being made onely such by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writs or commissions , not by his letters patents , cease to be , judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros , ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be our judges , justices , and sheriffs no longer , to preserve our peace , &c. ( no more than a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed to his death , rom. . , . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . f. , . and brook , office and officer , , therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses , or members of parliament , but only private men , their parliamentary authority expiring with the king , it must needs be illegal , and contrary to all the forecited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year . was resolved to be , by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it , as the impeachments against them evidence , drawnup by some now acting . . admit the late parliament still in being , yet the house of peers , earls , and barons of the realm were no wayes privy nor consenting to this tax imposed without , yea , against their consents , in direct affront of their * most antient undubitable parliamentary right and privileges , ( these taxmasters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , than the man in the moon , or the convocation , anno . after the parliament dissolved ( as is evident by the expresse words of the fore-cited acts , the petition of right it self ; the acts for the triennial parliament ; and against the proroguing or dissolving this parliament , car. c. , & . with all our printed statutes , f parliament-rolls , and g law-books : they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constitutive m●mbers of our h antient parliaments , ( which consisted of the king , spiritual and temporal lords , without any knights , citizens or burgesses , as all our histories and records attest ) till h. . at soonest ; they having not so much as a speaker or commons house , till after the beginning of king e. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only to them , to redress their grievances and enact new laws , till long after r. the seconds time , as our parliament rolls , and the printed prologues to the statutes of , , , , , , , , . and edw. . rich . , , , , , , , hen. . , , , , hen. . , , , , , , , , , , , , , . hen. . , , , , , . ed. . and rich. . evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spiritual and temporal , and at the special instance and request of the commons of the realm , ( by their petitions put in the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statvtes , &c. ) where the advising and assenting to laws is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them to the commons , and that both from king and lords , in whom the legislative power principally , and before h. . originally and solely resided , as is manifest by the printed prologue to the statute of merton , hen. . the statute of mortemain , e. . e. . de asportatis religiosorum , the statute of sheriffs , ed. . and of the templers , ed. . to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no wayes obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying of it without king or lords ; ( which they never once did , or pretended to in any age ) yet this act and tax can be no waies obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , and their confederates in the house , who having presumed by mere force , and armed power , against law and without president , to seclude the major part of the house ( at least eight parts of ten ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and privileges of parliament ; readmitting none but upon their own terms of renouncing their own forme , votes touching the kings concessions , and taking their new treasonable engagements , against the king , kingship , and house of lords . an usurpation not to be paralel'd in any age , destructive to the very being of parliaments ; i where all members of both houses are ex debito justitiae , wi●h equal freedom to meet and speak their mind● : injurious to all those counties , cities , borough● , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice ▪ policy , conscience , and their own agreement of the people , which inhibit the * far lesser part of any councel , court or committee , to oversway , seclude or fore-judg the major number of their assessors , and fellow-members , over whom they can no ways pretend the least jurisdiction ; it being the high way to usher tyranny and confusion into all councels , and realms , to their utter dissolution ; since the king alone without the lords and commons , or the lords alone without the king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions , and secluding them by force , do the like , as well as this remnant of the commons make themselves a complete parliament without the king , lords , or majority of their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army did those sitting . and . and those sitting in have done , secluding the majority of their old fellow-members by meer armed violence . . suppose this tax should bind those counties , cities , and burronghs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear much against the minds and wills of all or most of those they represent ; who by the ( k ) armies ▪ new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of . e. . rot. parl. n. . did all refuse to grant a great extraordinary subsidie demanded of them ( though not comparable to this ) for the necessary defence of the kingdome against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies or sitting members fraud , force , violence , or illegal votes for their seculsion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely l reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties , and consenting thereunto either in proper person , or by their chosen representatives in parliament ; returned and authorized by indentures under their seals , it being a recieved maxime in all laws , m quod tang it omnes , ab omnibus debet approbari . upon which reason it is judged in our n law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in . h. . . . h. . . brook ancient demesne . & patl. . . it is resolved ; that ancient demesne is a good plea in a writ of wast , upon the statutes of wast , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted ; and it is enacted . ed. . cap. . that fines and proclamations shall be in chester , for the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . . & . ed. . c. . and in a proclamation upon an e●igent is given by the statute in chester , and wales , e. . c. . and by another act to lancaster . . & . e. . c. . and the statute of justices of peace extented not to wales , and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament , for that and future parliaments , by act of parliament , . hen. . cap. . since which they have continued , their wages being to be levyed by the statute of . h. . c. . now , if acts of parliament bound not wales and counties palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavy tax , and illegal act , , or those of . to bind those knights , citizens and burgesses , or the counties , cities and burroughs they represent , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , orders , commands , or connivance at least , of those now sitting , who imposed these taxes , and passed these strange acts , as the recited lawbooks , and the later clauses in all writs for electing knights and burgesses resolve , much lesse to oblige scotland & ireland , who have * parliaments of their own , and have , yea ought to have no members sitting for them in the english parliaments , who seldom or never imposed taxes on scotland or ireland heretofore , whose taxes were only imposed by their own parliaments , as is evident by claus. e. . m. . & claus. e. . m. . my plea for the lords , p. , , r. f. , . brook parliament . h. . f. . fitz. prescription . and brook prescription . they being not so much as a parliament of england , much lesse of scotland & ireland , ( as they stile themselves ) and having no authority by their writs of elections and indentures , to treat or consult of any businesses , but only such as touch and concern the kingdom of england , not the kingdoms of scotland and ireland , not mentioned in the writs or indentures of their elections : especially , because those taxes , are thus imposed by them for the support and continuance of those officers and that army , who trayterously seised and secluded the members from the house , and yet detain some of them prisoners , against all law and justice , and have oft secluded them since : and because the secluded members are the far major part ( above six times as many as those that sate and shut them out by force ) and would no waies have consented to these illegal taxes , or the undue manner of imposing them , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to these acts or taxes , ( both of them being forced thence by the army , and sitting members , and one of them now dead , and the other excluded ) i conceive neither my self nor the countie where i live , nor the borough for which i served , nor the people of these kingdoms , in the least measure bound by these acts or taxes , but clearly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custome of parliament , forty members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid , obligatory both to the secluded members and the kingdome . i answer : first , that though regularly it be true , that forty members are sufficient to make a commons house to begin praiers , & businesses of lesser moment , in the beginning of the day , till the other members come , and the house be full ; yet . were never in any parliament reputed a competent number to grant subsidies , taxes , passe or read bills , or debate or conclude matters of greatest moment ; which by the constant rules , and usage of parliament , were never debated , concluded , passed , but in a free and sull house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks institutes , p. . . . . . cromptons jurisdiction of courts , f. . &c. . e. . . brook parliament . . jac. c. . and the many records i have cited to this purpose in my levellers ievelled , my plea for the lords , and memento p. . the exact abridgement of the records in the tower , p. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , r. . par. . c. . . h. . c. . and a collection of all orders , &c. of the late parliament , p. . . with the frequent summoning and fining absent members evidence . secondly , though forty members onely may peradventure make an house in case of absolute necessity , when the rest through sickness , and publick or private occasions : are voluntarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never any such case till now ) when the rest ( being above four times their number ) were forcibly secluded or driven thence by an army raised to defend them , through the practice , connivance or command of those forty or fifty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custome or president ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . ly . the visible horrid , armed force upon both houses of parliament , suppressing and secluding the whole house of peers , a against their undoubted hereditary and most ancient right to sit and vote in all parliaments of england , ratified by the first act made this parliament , car. c. . and the act for the continuance thereof , car. c. . by pretext whereof the members now sit ; their forcible seclusion of the far greatest part of the house of commons onely for their vote of dec. . . to settle the peace of the kingdoms , after a long-lasting intestine war , upon most safe and honourable terms , by the army raised for their defence to sit and vote in safety ; as it totally subverts all the rights , priviledges , and constitution of our parliaments , so it utterly nalls all their votes , orders , ordinances , taxes , and impositions whatsoever to all intents ; as i shall evidence beyond contradiction . . by b the declaration of william lenthal esquire , speaker of the honourable house of commons , printed july . . by his direction then ; and rising up in judgement gainst him and all his sitting conventicles , ever since the forcible exclusion of the most of their fellow-members , and the lords , by their expresse order and confederacy . a declaration of william lenthall esquire , speaker of the honorable house of commons . although it may happily be contrary to the expectation of some , that i attend not the service of the house of commons at this time , as i have constantly done for . years last . past , yet can it not be reasonably expected by any that well consider the violence offered to both houses of parl. and to my self in particular on monday last ; insomuch that i can safely take it upon my conscience , and so i doubt not may all the members of both houses also , they sate in continual fear of their lives , and by terrour thereof , were compelled to passe such votes as it pleased an unruly multitude to force upon them ; which as i did then openly declare in the house , so i cannot but believe , that they are all void , and null , being extorted by force and violence , and in that manner that they were ; and i cannot any longer dispence with my self to be an instrument in passing such votes , or to give any colour or shadow of parliamentary authority unto them , which are not the votes of the representative body of the kingdom , but of a tumultuous multitude ; as those must needs be accompted , that seemed to passe the house on monday last , and which shall passe hereafter , untill better provision be made for the safe and free sitting of the houses of parliament ; there being no effectual * course taken by the city since the last adjournment of the houses , to prevent the like tumults for the future , no nor so much as a declaration from them to shew their dislike thereof . but on the contrary , it is generally voyced in the town , that there will be a far greater confluence of apprentices , reformadoes , and others , on friday at the parliaments doors ; and particularly notice was given to me that after they had made the house vote what they please , they would destroy me . i had likewise information given me , that there would be a great number of apprentices of a contrary opinion and affections to the other , about the parliament doors on friday morning , which i fore-saw must of necessity cause a great combustion , and in probability occasion much blood-shed ; the preventing of which mischiefs , together with the considerations aforesaid , have weighed more with me than any thing which may concern my particular , and especially having served the house faithfully and diligently for the space of very near seven years , in a true and parliamentary way of proceedings , that i might not now be made a servant to such a multitude to transfer upon them the colour of parliamentary authority , there withall to abuse and deceive the minds , and to destroy the lives , liberties , and estates of the people of this kingdom ; and having taken a solemn protestation & covenant in my place and calling , to maintain the privileges of parliament , and the rights and liberties of the subjects , i could not now satisfie my self , but by absenting my self at this time , rather than by my presence to give any shadow or countenance of the authority of parliament to such apparent violations thereof . neither can the omission of a circumstance , or some formality in the adjournments of the house , ( when through force and violence it cannot meet and sit in any sort as a parliament ) be any prejudice to the future meetings and proceedings thereof , when it may meet and sit again as a free parliament , it being well known , that nothing can dissolve this parliament but an act of parliament . when a company of apprentices , reformadoes and others , shall call the ordinances of parliament , pretended ordinances ; shall lock the doors of the houses upon them , shall swear , not to let them out till they had passed what they pleased concerning the militia of london , and other things , ( though the houses had immediately before voted otherwise , ) shall threaten the houses in case they did not instantly satisfie their demands ; shall knock , whoot , and hollow continually at the parliament door , that the members could not be heard to speak or debate ; & after that the house of commons had passed a vote concerning the militia of london , and that the speaker by the vote had judged the major part to be for the negative , shall not suffer the house to be divided , but in a thr eatning way require those that gave their votes againstth em , to corne out to them if they would ; when after the house was adjourned , they shall by main force thrust back the speaker again into the house , and force the members in their presence and sight ( divers of them thrusting into the house ) to vote what they demanded : when they shall justle pull and hale the speaker all the way he went down to his cosch , and force him to avoid their violence to betake himself to the next coach he could get into , for refuge : when they shall breath forth bloody threats against the members as they came out of the house , and since against me in particular at the next meeting of the house ( as i am credibly informed ) and where there is no appearance , but that they will continue to do as formerly they have done , or far worse on friday , i couldnot in discharge of my trust , protestation and covenant , sit in the chair of the house of commons whilst it shall be iu such a condition : but so soon as it may sit again in freedome and safety , i shall be ready to attend she service thereof ; but till then , as i have upon the forementioned grounds , fully satisfied my own conscience , so i doubt not but i shall give the whole kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my absence . william lenthall , speaker , ly . by the engagement of those lords and commons that went to the army after the apprentices transitory forc● , upon the army-officers invitation ) who subscribed their names thereto , with some others who continued sitting in the houses . die mercurii quarto augusti . we the members of both houses of parliament who absent our selves from the service of the parliament , by reason of the force and violence offered thereunto , by a tumultuous multitude ; having received from his excellency , sir thomas fairfax , a declaration , entituled , a declaration of his exceliency sir thomas fairfax , and his councel of war , on the behalf of themselves and the whole army , shewing the grounds of their present advance towards the city of london ; and having perused the same , we look upon it as a declaration full of truth , the matter of fact being well known unto most of us , who have been ey and ear witnesses thereof ; full of christian , noble , and publick affection to the good , peace and prosperity of the kingdome , and full of integrity and faithfulnesse to the tru● interest of the english nation ; and full of undaunted and generous resolutions to assert the honour and freedome of the parliament , and effectually to vindicate it from the force and violence , whereby it hath been of late trampled under the foot of a rabble of people , unto which force it is still exposed , so as it may be exercised upon them at pleasure : and whilest the parliament remains in such a condition , although it be not dissolvable but by act of parl yet it is suspended from acting as a parliament in all these things , and generally throughout , our sense so fully agreeth with what is expressed in that dcelaration of the army , that we cannot but receive it with much approbation , and also with great thankfulness to god in the first place , and next under him , to this ever faithfull army , for that tender sense expressed therein of our honour and security , who absent our selves from the parliament in regard of that force : and for that high eugagem . of the armie to live & dy with us in this cause . whereupon we cannot but mutually engage our selves , as hereby we do , to live & die with sir the . fairfax and the army , in the vindication of the honour and freedome of the parliament : and we cannot but observe the special providence of god in holding up so extraordinarily this army , & reserving it to take off the scorn of this nation , and to raise up again from the depth of contempt , that once so much honoured , and high esteemed name of a parliament . and whereas in the said declaration , it is desired , that we as persons upon whom their publick trust still remaineth , ( though for the present we cannot exercise the same in a parliamentory way ) would advise his excellency and his councel os wa● in such things as may be for the good of the kingdome ; and for the attaining the ends aforesaid ; we do declare , that we shall be ●ver ready to do it upon all occasions , in such a capacity as we may , till we shall be enabled to discharge our trust in a free parliament , which we conceive we can never do , until the houses of parliament may be absolute judges , and masters of their own securities , and such trayterous , audacious offenders , as have endevoured with so high a hand to destroy the highest authority ( as by the particulars so fully & clearly expressed in the declaration of the army may appear ) shal receive condigne punishment , or at least the parliament put in such a condition , as that they may be able to bring them thereunto : and we trust in god , through his accustomed blessing up●n this army and their assistants , in their honest and just undertakings , the parliament shall speedily be put into a condition to sit like a parl. of england ; and we hope , that every true hearted englishman will put his helping hand to so necessary , so publick , and so honourable a work , as is the vindicating the freedom and honour of parliament , wherein the freedome and honour of all the free born people of this nation are involved . manchester , speaker of the house of peers . * sarisbury denbigh northumberland gray of wark mulgrave kent howard say and seal . william lenthal speaker of the house of commons . lord lisle tho. gray will. pierpoint henry mildmay nathaniel fiennes john fiennes arthur haslerigg william armyn james temple edm. prideaux miles corbet john danvers francis allin john evelin george fleetwood george fennick john blackstone tho. scot tho. scot major roger hill henry martin cornelius holland oliver saint-johns william lemmon william mounson humphry edwards john weaver john corbett thomas lister henry smith nich. love francis pierpoint henry lawrence tho. ougain godfrey boswell henry darley tho. boon peter temple philip smith michael livesey henry hamond gregory norton thomas jarvice william constable william say edward ludlow edward dunce john bingham augustine skinner john trenchard sam. mayn benjamine weston francis thurnow . rowland wilson laurence whitacr● john crowder george piggots john bamfield in all but . some or more of which sate in the house in the speakers absence , and went not to the army . of these , . are yet living , and sitting now and then , excluding the majority of the house by force , and voting them out ; . of them now living are secluded , who subscribed this engagement , the rest since dead . how these subscribers and secluders can look god or men in the face , or justify taxes , knacks and proceedings to be legal and parliamentary , whiles most of the members are kept out by force , after this their subscription and publication to the contrary , under their own hands , let themselves resolve . it will be also worth the enquiry , who was the pen-man and contriver of this engagement . whether it be not more dangerous and treasonable in those members who have since confederated with the army to seclude the lords house , and their own members , than that engagement of the citizens , which the subfcribers hereof voted to be treasonable ? and whether it makes not these sitting members who subscribed it , pre-ingaged parties , and incompetent judges of the secluded , ejected , and imprisoned members , who continued sitting in the house , according to their trust and duty ; and of the accused and imprisoned citizens , who did but defend the parliament then sitting , according to their own votes , ordinances , covenant , and their duty ? ly . by sir thomas fairfax letter to the right honourable the lord maior , aldermen , and common-council of the city of london . my lord and gentlemen , you may please to remember the former complyance of this army with your desires , to remove to this distance , and that upon the assurance you gave them of your concurrence with their declared desires , for the setling the liberty and peace of the kingdom , ( against which you never yet offered us one exception , or anie ground of dissent ) as also of your great tendernesse and resolution to secure the parliament and their privileges , from any violence or attempt ; the reason given us of your late listing of new forces , and wherein we did most acquiesce . that upon this confidence we had disposed the armie into several parts of the kingdom ; for the ease of the whole , to above . miles distance : we had given up our selves to the effecting of such proposals as might tend to the comfortable settlement of this poor kingdom , and a hopefull way for the speedy relief of ireland . we cannot then but be deeply sensible of the unparalleld violation acted upon the parliament , upon mondy last , by a rude multitude from your city , because therein , the guards sent from the city did not only neglect their duty for the security of the parliament from such violence , and the whole citie to yield anie relief to the houses in that extremity , but i am assured from eye and ear-witnesses , that divers of the common-council gave great encouragement to it , which doth not only gain-say your former professions , but doth violence to those many obligations that ( by your charter , protestation , and sundry other waies ) lye upon you to protect the parliament . for my part , i cannot but look on your selves ( who are in authoritie ) as accountable to the kingdom , for your present interruptions of that hopefull way of peace and settlement , things were in for this nation , and of relieving ireland , occasioned by the late treasonable and destructive engagement : especially the lately prodigious and horrid force done upon the parliament , tending to dissolve all government ; upon which score , we and the whole kingdom shall have cause to put every thing of the like nature that may happen to the parliament , or to any who are friends to them , and this armie , except by your wisdom , care , and industry , the chief actors may be detected , secured and given up to the procuring of justice for the same , and the best endeavors used to prevent the like for the future . and so i rest , your most assured friend to serve you , tho. fairfax . bedford , july , . ly by a declaration of sir tho. fairfax , * and his council of war , august . . concerning the apprentices force upon the houses ; wherein are these observable passages , monday july the six and twentieth , the common-council of the city presents their petitions to both houses for changing the militia , whereon the house of lords refuse to alter their resolutions ; the house of commons answered , they would take it into consideration the next morning . notwithstanding which , the city and kingdome cannot be ignorant with what rage and insolency the tumult of apprentices , the same day forced both houses . they ( ) blockt up their doors , swearing , they would keep them in , till they had passed what votes they pleased ; they threatned the houses , if they granted not their desires , knocking , whooting , and hallowing so at the parliament-doors , that many times the members could not be heard to speak or debate , not suffering the house of commons to divide for determining such questions , as w●●e put , crying out , that those that gave their votes against them , should be sent out to them ; very often and loudly saying . agree , agree , dispatch , we 'l stay no longer ; and in this outragious manner , they continued at the house door above eight hours together , the city-guards there present nor the city relieving them ; by reason whereof the house was forced to vote what that rude multitude would demand , and then adjourned the house till the next morning ; after which the house rising , the speaker and many members going out of the house , they ( ) forc'd them back again into the house : many of the apprentices pressing in with them , where they stood with their hats on their heads , and compelled the speaker to take the chair , and the house to vote in their presence what they pleased ; committing many other insolencies , as is published by the speaker of the house of commons in his declaration , and is too well known by all then present ; and during the time of this execrable violence done by the said apprentices , westminster hall and the palace yard was fill'd with reformadoes , and other ill-affected persons designed to back them : after this the houses being adjourned till friday following , upon the thursday , the apprentices printed and posted a paper in several places of the city , requiring all their fellows to be early at the parliament the next morning , for that they intended to adjourn by seven of the clock , and that for a moneth . thus the speakrs with many of the members of both houses were driven away from the parliament . these things being seriously considered by us , we have thought fit in the name of the army to declare , that all such members of either house of parliament as are already with the army for the security of their persons , and for the ends aforesaid , are forced to absent themselves from westminster , that we shall hold and esteem them as persons in whom the publick trust of the kingdom is still remaining , though they cannot for the present sit as a parliament with freedom and safety at westminster , and by whose advice and counsels , we desire to govern our selves , in the managing these weighty affairs ; and to that end we * invite them to make repair to this army , to joyn with us in this great cause , we being resolved , and do hereby faithfully oblige our selves to stand by them therein , and to live and die with them against all opposition whatsoever . and in particular , we do hold our selves bound to own that honorable act of the speaker of the house of commons , who upon the grounds he himself expressed in his declaration sent unto us , hath actually withdrawn himself ; and hereupon we do further ingage to use our utmost & speedy endeavours , that he and those members of either house , that are thus inforced away from their attendance at westminster , may with freedom and security sit there , and again discharge their trust , as a free and a legal parliament : and in the mean time we do declare against that late choice of a new speaker by some gentlemen at westminster , as contrary to all right reason , law , and custom ; and we professs our selves to be most clearly satisfied in all our judgements , and are also confident the kingdom will herein concur with us , that as things now stand , there is no free nor legal parliament sitting , being through the aforesaid violence at present suspended : and that the drders , votes , or resolutions , forced from the houses on monday the . of july last , as also all such as shall passe in this assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , are unto and null , and ought hot to be submitted unto by the free-born subjects of england . and that we may prevent that slavery designed upon us and the nation , that the kingdom may be restored to a happy state of a visible government , now eclipsed and darkened ; we hold our selves bound by our duty to god and the kingdom , to bring to condign punishment the authors and promoters of that * unparalleld violence done to the parliament ; and in that to all the free-born subjects of england , that are or hereafter shall be ; and therefore we are resolved to march up towards london , where we do expect , that the well-affected people of that city will deliver up unto us ( or otherwise put into safe custody , so as they may be reserved to a legal trial ) the eleven impeached members that have again thrust themselves into the management of publick affairs , by this wicked design . and that all others will give us such assistance therein , that the members of both houses may receive due incouragement to return to westminster , there to sit with all freedom , and so to perform their trust , as shall condues to the settlement of this distracted kingdom ; and to inflict such punishments upon these late offenders , as shall deter any for the future to make the like attempt . our lives have not been dear unto us for the publick good , and being now resolved by the assistance of god , to bring these delinquents to their deserved punishments , as that , than which , there cannot be any thing of more publick concernment to the kingdom , we trust ( if it shall come to that ) our bloud shall not be accounted too dear a price for the accomplishment of it . and if any in the city will ingage themselves against us to protect these persons , and so put the kingdom again into a new and miserable war , the bloud must be laid to the account of such persons , as are the authors thereof . it is our chief aim to settle peace with truth and righteousnesse throughout the kingdom , that none may be oppressed in his just freedom and liberties , much lesse the parliament it self : which things being duly setled , we shall be as ready also to assure unto the king his just rights and authority , as any that pretend it never so much , for the better upholding of an ill cause , and the countenance of tumultuous violence against the parliament : the which our honest , just , and necessary undertakings , as we are resolved to pursue with the utmost hazzard of our lives and fortunes , so we doubt not , but we shall find gods accustomed goodnesse and assistance with us therein , till we have brought them to a good and happy conclusion , for this poor distracted & languishing kingdom . ly . by the ordinance of both houses , eagerly promoted by all the fugitive members engaging with the army , and now sitting , as well as others remaining , who condemned and passed votes against the apprentiees tumult during their absence , and never countenanced it in the least degree , as * some scandalously , and falsly suggest . die veneris , aug. . an ordinance for declaring all votes , orders , and ordinances passed in one or both houses since the force on both houses , july . until the . of this present august . to be null and voyd . whereas there was a visible , horrid , insolent and actual force upon the parliament on monday the . of july last : whereupon the speakers and * many members of both houses of parliament , were forced to absent themselves from the service of the parliament ; and whereas those members of the house , could not return to sit in safety , before friday the . of august . it is therefore declared by the lords and commons in parliament assembled , that the ordinance of monday the said . of july , for the repealing and making void of the ordinance of the . of the said july , for the setling of the militia of the city of london , being gained by force and violence ; and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the . of july , to the said . of aug. * are null and void , and were so at the making thereof , & are hereby declared so to be , the parliament being under a force and not free . provided alwaies , and be it ordained , that no person or persons shall be impeached for his or their actions by , or upon , or according to the foresaid votes , orders or ordinances , unlesse he or they shall be found guilty of contriving , acting or abetting the aforesaid visible or actual force ; or being present at , or hearing of the said force , did afterwards act upon the votes so forced , &c. john brown cler. parliamentorum . this force mentioned in all these . declarations , engagements , and protests against it , by the army-officers , & fugitive members , was far inferior and no waies comparable to the force upon the secured and secluded members , but far inferior thereto in these respects . . that force was only by a few unarmed tumultuous london apprentices , who had neither sword , nor musquet , nor pike , nor stick in their hands ; this upon the secluded members , was by whole regiments , troops , companies of horse and foot , armed with swords , musquets , pikes , pistols . . that force was upon this account ; only to presse the houses to repeal an ordinance surreptitiously procured to settle the militia of london , without their privities , to the disservice of the city and parliament , passed but . daies before : theirs to prevent a settlement of the peace of the kingdom , upon our vote touching the kings answer to the propositions of both houses , for the publick peace , safety , and honour of the parliament , and three kingdoms . . their tumult and force lasted but a few houres , and part of one day , and then vanished : that secluding and securing the members , continued sundry years , and ever since the junctoes two last sittings till this present . . that force neither secluded , nor secured , not drove away any one member from the houses during its continuance , but only kept them tumultuously in the house till the ordinance of july was repealed by them , and then vanished : this was purposely imployed to secure above . and seclude the majority of the members of the commons house , and whole house of peers by violence , against their privileges , trusts , and our laws ; and is still continued for that end . . that force caused some few eminent members , only to absent themselves from the houses , and repair to the army , . or . daies after the force was ended , upon the armies invitation , being the far lesser part of both houses ; this force secured , imprisoned and actually kept out and drove away . parts of . from the house , and that by practice and combination of some members of the house , to seclude the rest , lest they should over-vote them ; and since by their expresse orders and commands , kept out by armed guards for that end . . this force was by such who were never raised , commissioned , waged to preserve the houses and members from violence , that they might freely sit and vote without disturbance . this by souldiers , specially raised , commissioned , intrusted , paid to defend their persons and privileges , freely to sit and vote without interruption or seclusion . . that force was condemned , disowned , by all the members of both houses , as well those who remained sitting , or those who absented themselves . this justified , approved , commanded even by those now sitting , though they condemned it as treasonable and criminal , in these apprentices , and in cromwel , lambert , and other army-officers since , in their own cases . . this inconsiderable force , nulled and made void all votes , acts , ordinances passed not only during the continuance of this horrid actual , visible force upon the houses on july . but likewise from that day till the . of aug. only because those few members ( invited to the army ) were forced , as they affirmed , to absent themselves from the service of the parliament , and could not return to sit in safety before that day , though there was neither force nor guards during that space upon either house to deter or drive them thence . therfore upon all these considerations , the ordinance , made for this first tax of . ( and now for . l. a month ) during the forcible securing , secluding , of the whole house of peers , and majority of the commons house , must much more be null and void , and were so at the time of their making to all intents , the parl. and houses being under a more horrid insolent , visible and actual force , before and at the making of them , keeping out the major part of the members , than ever the apprentices , or any age were forme●ly guilty of ; and so no waies obliging the excluded lords , members , or any others whatsoever , our secluders themselves , and these their resolutions being judges , which do all justify the protestation , published in their names ( though not owned by them ) dec. . , . to be no j●st cause ●●t their ejection by the pretended ordinance of dec. . made by . lords , and . commoners only , whiles both houses were under the armies force , and so be null and void to all intents . fourthly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament , or law of england , to impose a tax , or make any act of parliament , without the king and house of lords , as i have already proved , and largely and irrefragably evidenced , in my plea for the lords , and house of peers ; my levellers levelled ; the . and . part of my register and survey of parliamentary writs ; my true and perfect narrative ; and full declaration of the state of the case of the secluded members ; much lesse can they do it after they ceased to be members by the parliaments dissolution through the kings beheading ; neither were they ever invested with any legal power to seclude or expel any of their fellow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or for voting against , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence , ( in whom the ordinary judicial power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. , to . and ardua regni , which is further evident by claus. dors. r. . m. . & mr. seldens titles of honour , p. . banneret camoys case , discharged from being knight of the shire by the kings writ and judgement alone , without the commons vote , because a peer of the realm ; the practice of expelling commons by their fellow commons only , being * a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructiue to the privileges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it selfbeing no court of justice to give either an oath or final sentence , and having no more authority to dismember their fellow-members , than any * judges , justices of the peace , or committees have to disjudge , dis-justice , or discommittee their fellow-judges , justices , or committee-men , being all of equal authority , and made members ▪ only by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection , no waies invalids this first reason ; why i neither can , nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custom of the realm determines by the kings death ; but by the statute of caroli , c. . which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues the parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support this continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs is intended only to prevent , as is resolved in edw. . . edw. . . h. . , . plowd . com. fol. . and cooks . instit. p. , . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death , ( no wayes intimated nor insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents , not provided for by this law ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these reasons . first , from the principal occasion of making this act. the king ( as the commons in their * remonstrance of the state of the kingdom , decemb. complain ) had dissolved all former parliaments during his reign , without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined , being before the wars or irish rebellion brake forth ) the king very healthy , not antient , and likely then to survive this parliament , and many others , in both houses judgement , as appears by the bill for triennial parliaments . this undenyable truth is expresly declared by the commons themselves in their foresaid remonstrance ; exact collection , p. , , , . compared together ; where in direct terms they affirm , the abrupt dissolution of this parliament is prevented by another bill , by which it is provided , it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessarie for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act : that its scope and intention , was only to provide against the kings abrupt dissolution of the parliament by his mere royal power , in suspending the execution of it for this time and occasion only , and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolution of it by his natural ( much lesse his violent ) death ; which can no waies be interpreted , an act of his royal power , ( which they then intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : ) but a natural impotency , or unnatural disloyalty , which not only suspends the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as well against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sense , much lesse untimely , merely by the kings death , ( which never adjourned or prorogued any parliament ) but only by his proclamation , writ , or royal command , to the houses or their speakers , executed during his life , as all our journals , ¶ parliaments rolls and * lawbooks resolve , though it may be dissolved by his death , as well as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning proroguing and dissolving this parliament together , without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative waies and means by which parliaments had been untimely adjourned and prorogued as well as dissolved by the kings mere will without their assents ; not of a dissolution of it by the kings death , which never adjourned nor prorogued anie parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king hen : the th . and king james , the only parliaments we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by this act . thirdly , the prologue of the act implies as much ; whereas great sums of mony must of necessity be speedilie advanced and procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts , &c. and for supplie of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , untill such obstacles be first removed , which are occasioned by fears , iealousies and apprehensions of divers of his majesties royal subjects , that the parliament may be adjourned , prorogued or dissolved ( not by the kings sodain or untimelie death , of which there was then no fear , jealousie or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill counsellors ) before justice shall be duly executed upon delinquents , ( then in being , not sprung up since ) publique grievances ( then complained of , not others introduced since this act , ) redressed ; a firm peace betwixt the two kingdoms of england and scotland concluded , and before sufficient provisions be made for the repayment of the said monies ( not others since borrowed ) so to be raised : all which the commons in this present parliament assembled having duly considered , do therefore humbly beseech your majestie , that it may be declared and enacted , &c. all which expressions , related to his late majestie onlie , not to his heirs and successors ; and the principal scope of this act , being to gain present credit to raise monies to disband the scotish and english armies then lying upon the kingdom , manie years since accomplished ; yea justice being since executed upon strafford , canterbury , and other delinquents then impeached ; the publick grievances they complained of ( as the star-chamber , high-commission , ship-mony , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions , and the like ) redressed by acts soon after passed , & a firm peace between both nations concluded before the wars began ; and this preamble's pretensions for this act all fullie satisfied divers years before the kings beheading : it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease : especially after the ends for which it was made were all fully accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament , now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament , could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament , in their * remonstrance of the . of may . oft in terminis acknowledge , together with his negative voyce to bills . ly . that it was neither the kings intention in passing this act to shut himself out of parliament , or create both or either house a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act , to set up a parliament only of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers ; much lesse to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation , and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth , ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwaies stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetual parliament , and intail it upon them , their heirs or successors for ever , by this act , which would cross and repeal the act for triennial parliaments made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and these oft repeated words , any time or times during the continuance of this present parliament , concludes ; and that during his majesties reign and life , not after his death ; as these words , coupled with the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions in the preamble , manifest . therefore , this act can no waies continue it a parliament after the kings beheading ; much lesse after the forcible exclusion both of the king and lords house , and majority of the commons out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which device the king alone , had he conquered and cut off , or secluded by his forces the lords and commons houses from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , on the people ; without lords or commons , or any . of the commons house , or any . or . lords concurring with him , secluding all the rest by armed power , make themselves an absolute standing parliament , for him , his heirs and successors , by vertue of this act , than those few commons sitting since his tryal & death do , or can do . . the last clause of this act ; and that all and every ●●ing or things whatsoever done , or to be done , ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parl. by the kings death , is cleerly out of the words and intentions of this act , especially so many years after its enacting . . this present parl. & every member thereof , being specially summoned by the kings writ , by the particular name of carolvs rex , not rex in general , only to be his parliament and council , and to confer personally with him , of the great and urgent affairs concerning him and his kingdom , not his heirs and successors ; and these writs , and the elections upon them , returned unto him and his court by indentures , and the persons summoned and chosen by vertue of them , appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the king , or both houses , intended by this act , to continue this parliament in being after the kings beheading or death : unlesse they that maintain this paradox , be able to inform me and those now sitting , how they can confer and advice with a dead beheaded king , of things concerning him and his kingdom ; and that even after they have abjured his heirs and successors , and royal line , and extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and council , whose head they have cut off ; and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne , to represent his person ; neither of which they dare to do , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments actual and legal dissolution by it , must needs be illegal , and meerly void in law to all intents ; because not granted nor imposed in , but totally out of parliament , by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , than any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority , by this president , to tax the kingdom or any county what they please , ( yea the whole . kingdoms of england , scotland , and ireland , as they now presume ) and then levy it by an army or force of armes , to the peoples infinite , endlesse oppression and undoing . this is my first and principal exception against the legality of this tax , and others they shall impose , which i desire the imposers and levyers of it most seriously to consider , and challenge them all to answer if they can , for our . kingdoms present , and posterities satisfaction , by other arguments than imprisonments , close imprisonments , pistols , swords , and armed violence , and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th . of february , . have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamental laws of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with the former , and this new tax imposed by them out of parliament , or in a thin house under force , or their act concerning new treasons ; i desire they would satisfie the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated martii , . engage themselves : . to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedom of the nation : and to prevent to their power , the reviving of tyranny , injustice , and all former evils ( the only end and duty of all their labours ) to the satisfaction of all concerned in it . . they charge the late king for exeeeding all his predeoeessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loans , unlawfull imprisonments , and othec oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him , almost in every part of it , very soon after his solemn consent given unto it . his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet exacted by him expresly against law ; & punishment of many good patriots for not submitting to whatsoever he pleased to demand , though never so much in breach of the known law . the multitude of projects and mouopolies established by him . his design and charge to bring in german-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ship-mony , to subject every mans estate to whatsoever proportion he pleaseth to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his own being a foreiner : neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same . as the kings coming in person to the house of commons to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords and pistols , and other arms ; and they attending at the door of the house , ready to execute whatsoever their leader should command them . the oppressions of the council-table , star-chamber , high-commission , court-martial , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not far exceeded now by sundry arbitrary committees and sub-committee , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparallel'd offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows ond orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to iustice ? and much more the whole kingdom , and secluded lords and members , to bring you to publick justice ; since you not only imitate , but far exceed him in all and every of these , even by your own verdict . . themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal waies of draining the peoples purses . all which mischiefs and grievances they say will be prevented in their free state , though the quite contrarie way ; as appears by the late large donations of some thousands to mr. * henry martin , the lord lisle , commissary general ireton , cromwell , and others of their members and instruments , upon pretence of arrears , or service , and that out of the monies now imposed for the relief of ireland , and other publick taxes , customs , lands and revenues . and must we pay taxes to be thus prodigally given away and expended ? . they therein promise and engage , that the good old laws and customs of england , the badges of our freedom , ( the benefit whereof our ancestors enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free , and equal of any other laws in the world , shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserbed by them , and the common interest of those whom they serve . and if those laws should be taken away , all industry must cease ; all misery , blood and confusion would follow , and greater calamities , then fell upon us by the late kings mis-government , would certainly involve all persons , under which they must inevitably perish . how well they have performed this part of their remonstrance , let their proceedings in their high courts of justice , the long imprisoments and close imprisonments of my self , and other their fellow-members , their acts for new treasons and delinquents , and ejecting their fellow-members and lords out of parliament , without the least impeachment , tryal , accusation , their imprisonment of sir robert pye , the kentish gentlemen , and others , for demanding a free parliament , fair and free elections , restitution of the secluded members , &c. determine . . they therein expresly promise , p. . to order the revenue in such away , that the publick charges may be defrayed , the souldiers pay justlie and duly setled , that free-quarter may be wholy taken away , and the people eased of their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes thus augmented , doubled , trebled , paid in near a year before hand , and then new and greater taxes imposed on them for those verie months they have paid in their old proportion before hand , beyond all presidents of tyranny and oppression in any age , and that by pretended acts made out of parliament , against all these good old laws and statutes , our liberties and properties , which these worse than aegyptian tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution and violation ? . that this very juncto , in their act ( as they stile it ) made and published , octob. . . intituled an act against the raising of monies upon the people , without their common consent in parliament ; enact and declare , that no person or persons , shall after the xi . of october , . assesse , levy , collect , gather or receive any customs imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of mony , or other imposition whatsoever , upon the people or commonwealth , without their consent in parliament , or as by law might have been done before the . of november . and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of high treason , and shall suffer and forfeit as in case of high treason . which * some of them have declared , to be the fundamental and old law of england , against which no by-law is to be made , and one of the main birth-rights of england . therefore themselves by assessing and imposing many former customs , imposts , excises , assesments and contributions on the people ; and this of one hundred thousand pounds a month , for . month jan. . . without common consent in parliament , when and whiles . of the greatest counties in england , and . shires in wales , . whole cities , and most boroughs in england , have not so much as one knight , citizen or burgess sitting with them to represent them , and . english counties no more but one knight , and but . counties , and . cities alone , and not above . or . boroughs their full numbers of knights , citizens and burgesses , sitting with them to represent them ; all the rest to the number of . members , besides the whole house of lords , being forcibly excluded or dead ; by the tenor of their own act and decl. are adjudged guilty of high treason , and ought to suffer and forfeit as in case of treason , and all those commissioners named in their act , amounting to above one thousand , and all assessors , collectors and treasurers under them , who shall assesse , levy , collect , gather or receive the same , shall incur the guilt of treason , and suffer and forfeit as in case of high treason ; and their real and personal estates , be confiscated to pay the publick debts , and souldiers arrears . . that this anti-parliamentary convention , in their late declaration of jan. . have published and declared to the world , that they are resolved to remain constane and immovable , that the people of these nations may be governed from time to time by representatives of parliament , chosen by themselves . that they should be governed by the laws , that all proceedings touching the laws , liberties and estates of the free-people of the commonwealth , shall be according to the laws of the land ; it being their principal care to provideagainst all arbitrarinesse in government . and that it is one of the greatest cares they have upon them , how to give the people that ease , from their present burthens , which their ( undone ) condicion calls for . which how well and faithfully they have performed , and not rather most notoriously violated , let the whole world , god , angels , men , determin , by their imposing a monthly tax of one hundred thousand pounds a month , for the . next months , they had paid and advanced before hand : by ordering gen. monk by a vote of their council of state , at whitehall ( afterwards ratisied by a vote , at westminster when executed ) the . of this instant february , to march with all his forces into the city of london , to seize and imprison . of their aldermen , and sundry of their common-council men in the tower , to pull down and destroy the gates and portcullesses of the city ; to discontinue , null and void the common-council of the city of london for this year , by ordering a bill for the choice of another common-council , with such qualifications as the juncto shall think fit ; which was accordingly executed , and then ratified and approved by their votes ; and by commanding him afterwards to demand the city arms , & to disarm them by force , if they deliver them not upon demands s and all because the common-council upon a petition of the citizens , and remonstrance of the gentlemen , ministers and freeholders of warwickshire , and other counties febr. . voted and resolved ; that no person or persons whatsoever , might impose any laws or taxes upon the city and citizens , untill the authority thereof be derived from their representatives in a full and free parliament . and all this without and before the least hearing or examination of the city and common-council : a tyranny , indignity , dishonour and ingratitude not to be paralleld , and never offered in any age to the city and citizens before by any of our kings , for the highest treasons against them , at least before hearing and convicti●● ; much lesse only for demanding and claiming the benefit of those fundamental laws and privileges , for whose defence they had so lately expended so many millions of treasure , and thousands of their lives , to defend them according to these their fresh declarations , and acts encouraging them thereunto ; ( and that after all their former obligations and indearments to the city upon all occasions , and the beheaded kings free confirmation of all their former charters , liberties , privileges , militia , and enlargements of the same , at the treaty in the isle of wight , notwithstanding their taking up armes against him in the parliaments defence ) may now justly irritate and engage the city of london , and all other cities , boroughs , corporations and counties of this realm , unanimously to oppose the present and all other taxes and excises whatsoever , imposed on them by these oppressors , and put their own act in vigorous execution against them , as the worst of tyrants , and invaders of their liberties . thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all , and consent of most now sitting , did in sundry ¶ romonstrances and declarations , published to the kingdom , not only tax the king and his evil counsellors , for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive war ; but likewise professed * that they were specially chosen and intrusted by the kingdom in parliament , and owned it as their duty to hazzard their own lives and estates , for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birth-rights , as well as the greatest subject . that every honest man , ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against will and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their ill counsel had brought upon the king and kingdom . ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes , for the maintenance of their laws and liberties : with many such like expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late secluded lords and members who have joyned in these remonstrances are engaged by them to second me , under pain of being adjudged unworthy for ever hereafter to sit in any parliament , or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king , now verified as undeniable experimented truths by the antiparliamentary sitting juncto ; * that the maintenance of the laws , liberties , properties of the people , were but only gilded dissimulations , and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both laws , liberties and properties at last , and not any thing like them ; to introduce anarchy , democracy , parity , tyranny in the highest degree , and new forms of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs , and that they had obtained nothing by adhering to and complyance with them , but to enslave and undo themselves , and to be at last destroyed . which royal predictions many complain , and all experimentally ●ind too trulie verified by those who now bear rule , under the nam● and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members and lords , who above all others are obliged to disprove them by their actions , as well as declarations to the people , who regard not words but real performances from these new keepers of their liberties , especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation , and proclaim them the archest impostors under heaven ; and now again in their . session , after their two sodain and forcible dissolutions . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by new illegal writs under a new kind of seal , without the kings authority , stile or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common-law or custom of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. r. . m. . asserted by mr. selden in his titles of honor , part . c. . p. . seconded by sir edward cook in his . institut . p. , , , , , . and i have proved at large in my plea for the lords and house of peers , ) as i should admit these to be lawfull members , and their unlawfull void writs to be good in law ; so should i tacitly admit , & ex post facto assent to some particulars against my knowledge , judgement , conscience , oaths of supremacy , allegiance , p●otestation , and solemn league and covenant , taken in the presence of god himself , with a sincere heart and real intention to perform the same , and persevere therein all the dayes of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgements of all now sitting , that know any thing of parliaments , and the whole kingdom if they durst speak their knowledge , know and believe to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted , and packed by power of an army combining with them ) hath a just and lawfull authority to violate the privileges , rights , freedoms , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martial law , contrary to magna carta , the petition of right , and law of the land : dis-inherit the kings posterity of the crown , extirpate monarchy , and the whole house of peers , change and subvert the antient government , seals , laws , writs , legal proceedings , courts , and coin of the kingdom ; sell and dispose of all the lands , revenues , jewels , goods of the crown , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their verie oath of allegiance , notwithstanding this expresse clause in it ( which i desire may be seriously and conscienciously considered by all who have sworn it ) i do believe and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authoritie to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary ; and to dispence with our protestations , solemn league and covenant so lately and * zealously urged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realm ; to dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures , without any legal cause or trial : to make what new acts , laws , and reverse what old ones they think meet , to insnare , inthrall our consciences , estates , liberties , lives : to create new ▪ monstrous treasons never heard of in the world before ; and declare real treasons against king , kingdom , parliament , to be no treasons , and loyalty , allegiance , due obedience to our known laws , and consciencious observing of our oaths and covenants ( the breach whereof would render us actual traytors , and perjurious persons ) to be no lesse than high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , lives to the gallows , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . e. . c. . ed. . c. . ed. . c. . . e. . c. . e. . c. . ed. . c. . r. . c. . h. . c. . h. . rot. par. n. . e. . c. . mar. c. . the petition of right , caroli , the statutes made in the begining of the parliament , caroli c. , , , , , , . and laying all our * laws , liberties , estates , lives in the very dust , after so many bloody and costly years wars , to defend them against the kings and others invasions ) raise and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase multiply and perpetuate them on us , and on scotland and ireland too , which no english parliament ever did before , as often and as long as they please , to support their own encroached , more then regal , parliamental , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publick charge , against our wills , judgements , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civil wars ; and exposing us for a prey to our forein enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , and sundry others since by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legal by my voluntary payment of it , on purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waies justifie and defend by the laws of god or the realm , or the least colour of reason , justice , honesty , religion , conscience , before any tribunal of god or men , when legally arraigned , as they may one day be . neither of which i can or dare acknowledge , without incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therefore cannot yield to this assesment . thirdly , the principal ends and uses proposed in the pr●tended acts and warrants thereupon for payment of this tax , and other taxes since , are strong obligations to me , in point of coùscience , law , prudence , to withstand it ; which i shall particularly discusse the first is , the maintenante and continuance of the pr●sent army and forces in england under the lord fairfax , cromwell , and other commanders since . to which i say , first , as i shall with all readinesse , gratitude and due respect , acknowledge their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulnesse , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , privileges , members and proceedings of the late , and being of all futur● parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regal , parliamental , magistratical , and ecclesiastical power of the kingdom to their general-council of officers of the army , and anti-parliamentary conventicles , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the antient government , parliaments , laws , and customs of our realms . and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie : that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will seize upon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , if we believe their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the privileges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about . months space under their martial , to my great expence and prejudice , and since that , close prisoner near . whole years in dunster , taunton and pendennis castles , and thrice forcibly excluded me and other members out of the house , may . and . and decemb. . . without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallel'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword , without bringing them to trial ) would be , not ●●ly absurd , unreasonable , and a tacit justification of this h●rrid violence , and breath of privilege , but monstrous , unnatural , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , and defence thereof against forein enemies , or domestique traytors and rebels , as is clear by the stat. of e. . c. . all acts for taxes , subsidi●s , tenths , aydes , tonnage and poundage , & cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the whole kingdom with scotland and ireland are generally exhausted by the late . years wars , plunders and heavy taxes ; there being more monies levyed on it by both sides , during these . last years , than in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort ( eaten out by taxes and free-quarter ) being utterly unable to relieve them . to which i might adde , the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . the heavie contributions to support the army , which destroy all trade , by fore-stalling , engrossing most of the monies of the kingdoms , and enhancing their prices , keeping many thousands of able men and horses idle , only like moths , and locusts to consume other labouring mens provisions , estates , and the publick treasure of the kingdoms , when as their employment in their trades and callings , might much advance trading , and enrich the kingdoms . . there is now no visible enemy in the field or elsewhere , and the fitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , to eat up the count●y with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels , and enemies to the kingdom , and peoples liberties , as of late the levellers , and cromwellists did , ( when this was written ) and the lambardists and rumpists since , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garrisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay , which both houses then thought sufficient , as is evident by their o ordinances of febr. . . and april . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garrisons , and ease the country of all free-quarter ; which tax hath been constantly pain in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now enacted , beside the sixty for the army ) and this for the common good of the realm , and that the taxes since should be mounted to . thousand pounds each month and now again to one hundred thousand pounds for those . months , for which they have paid in . thousand pounds , . months since before hand ; only to murther our protestant brethren , and allies of scotland and holland , destroy and oppresse each other , and keep up an anti-parliamentary conventicle of tyrants and vsurpers , to undo , enslave and ruine our kingdoms , parliaments , and their privileges , against all their former oaths , protestations , declarations , covenants , is a riddle unto me , on rather , a mystery of iniquity ▪ for some mens private ●●●re , 〈…〉 than the publick weal . . the militias of every county ( for which there was so great contest in parliament with the late king ) and those persons of interest and estates in every shire or corporation who have been cordial to the parliament and kingdom heretofore , if put into a posture of defence , under gentlemen of quality , and known integrity , as they were under sectaries , quakers , and anabaptists of late , would be a far greater , safer , fitter guard to secure the kingdom & parliament against forein invasions , or domestick insurrections , than a mutinous mercenary army of sectaries , or persons and souldiers of no fortunes , and that with more general content , and the tenth part of that charge the kingdom is now at to maintain this army , & a costly militia besides , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying rheir pretended arrears : which i dare aver , the free-quarter they have formerly taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their antient arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therfore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the three kingdoms till dooms-day . . if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamental authority only from the people , ( the * only new fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , sidelitie , and estate , who both elected , intrusted and impowred them , and are their lords and masters , not slaves or vassals , yea the primitive and supreme power ; it is high time for their electors and masters , ( the people ) to revoke their authoritie , trusts , and call them to a speedie account for all their late exorbitant proceedings , in ejecting the majority of their faithfull fellow members , in whom the people most confided , and for their mispence of the kingdoms treasure ; and no longer to trust those with their purses , liberties , safetie , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , than to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees , servants , and attorneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercinaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and privileges safeguard , which they have so oft invaded ; professing now , * that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves instead of froe-men : averring , all is theirs by conquest ( which is as much as the king and his cavaliers , or any forein enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the mere support of the usurped power , authority , offices , wealth and absolute domination only of those generals , officers , junctoes , ( as we have found by sad experience ) who have exalted themselves for the present , above king , parliament , kingdoms , laws , liberties , and those who did entrust them , by the help of this trus●breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerate unworthy treacheries , practices , and a●e become a reproach to the profession of a souldier , the protestant religion , and the english nation in all christian kingdoms and churches . the second end of this heavy tax of april . . is the support and maintenance of the forces in ireland , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of e. . c. . e. . c. , . ed. . c. . ed. . c. . h. . c. . cooks . institutes , p. . and the protestation of all the commons of england in the parliaments of hen. . num . . and h. . num . . that no free-man of england ought to be compelled to go in person , or to pay any tax for or toward the maintenance of any forein war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegal , and no waies obligatory to me , or any other . . most of the antient forces in ireland ( as the british army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloodie , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and * hold correspondence , and are now actually accorded with owen roe-oneal , and his party of bloudiest papists ( declaring for their new iesuitical common-wealth , and joyning with them in an offensive and defensive war , against the king and kingship : ) but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs and successors for ever by an express act of parliament made in ireland , h. . c. . and by the statute of jac. c. . made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ireland should prove fatal to their usurped soveraigntie in england , or conduce to his enthroning here : and by what authority those now sitting can impose , or with what conscience any loyal subject who hath taken the oaths of supremacy , allegiance , and covenant , can voluntarily pay any contributions to deprive the king of his hereditary right , and undoubted title to the kingdoms and crowns of england and ireland , and alter the frame of the antient government and parliaments of our kingdoms , * remonstrated so often against by both houses , and adjudged high treason in canterburies and straffirds cases , for which they were beheaded ; and by themselves in the kings own case , ( whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the loss of his life and estate , by the very laws and statutes yet in force , transcends my understanding to conceive : wherefore i neither can , nor dare in conscience , law , or prudence , submit to this contribution . the d. end of this tax , ( and more particularly of this new tax of jan . . of one hundred thousand pound the month for months space , after a former tax levied before hand for the self-same months ) is the maintenance of the armies and navyes raised , and continued for the defence of the twice dissipated anti-parliamentarie conventicle , and their utopian common-wealth , and the necessary and urgent occasions thereof , now propounded and insisted on by the sitting members , as the only means of peace and settlement both in church and state : when as in truth it hath been , is and will be the onlie means of unsettlement , and new divisions , wars , oppressions , confusions in both , to their utter ruine and desolation if pursued . which i shall evidence beyond contradiction . . this project to metamorphoze our antient hereditary famous , flourishing kingdom into an helvetian and vtopian common-wealth , by popular tumults , rebellion , and a prevalent party in parliament , was originally contrived by father parsons , and other jesuites in spain in the year of our lord . recommended by them to the king of spain to pursue , and was principally to be effected by jesuites , to destroy and subvert our protestant monarchs , kingdoms , and subject them to the tyranny and vassallage of the jesuites , and spaniards , as you may read at large in william watson his quodlibets , printed . p. , , , , , , , , , , , , in his dialogue between a secular priest and a lay gentleman , printed at rhemes , . and in william clarke ( both secular priests ) his answer to father parsons libel , p. , , &c. ly . after this it was particularly and by name recommended by thomas campanella ( an italian monk , and arch-machivilian ) to the king of spain , in the year . as the principal means to sow the seeds of divisions and dissentions amongst the english themselves , and to engage england , scotland and ireland in inextricable wars against each other , to divert the english from the indies , and his plate fleet , and reduce them under his universal temporal and the popes spiritual monarchy at last ; as you may read at large in his book de monarchia hispanica , c. . now translated into english . ly . it was again set on foot and vigorously prosecuted by the jesuites and cardinal richelien of france , in the years , & . as you may read in my romes master-piece , and epistle to a seasonable legal and historical vindication , &c. of the good old fundamental liberties , laws , &c. of all english freemen , printed . and specially recommended to the french king , and cardinal mazarin his successor at his death , anno . vigorously to pursue , and accomplish by the civil wars raised between scotland and england , and the late king and parliament ; as a historia conte de galeazzo gualdo priorato , part . venotiis , . p. , . and was accordingly prosecuted by the spanish and french agents , and the jesuites and popish priests , and their seduced proselytes of the juncto and army , as i evidenced at large in my speech , dee . . . and the appendix to it ; my soresaid epistle , and true and perfect narrative , may . by evidences past all contradiction . ly . it is evident , that the jesuites , and jesuited papists in england , scotland and ireland , with all the b sectarian party of anabaptists , quakers enthisiasts , and sectaries of all sorts ( headed by disguised jesuites , monks , fryers , and popish priests ▪ ) have been the chiefest sticklers of all others for this new projected commonwealth against the king and monarchy , and the only means to extirpate our established protestant ministry , with their maintenance , tithes , glebes , and embroyl us in endless confusions and revolutions of governments , wars , distractions , till we be beggered , destroyed , and made a prey to our forein enemies . ly . the king of spain , was the first of all forein kings and states , who owned , cou●ted and ent●ed into a league of amity with our new common-wealth after the kings beheading , as a creature of his own , in opposition to our king and kingship , and engaged us in a war against the dutch , to make himself monarch over us both , according to campanella his advice , de monarchia hisp. c. , & . which our republicans punctuallie pursued from , till . almost to the ruine of us both , by the spaniards gold and policie . ly . that the french cardinal mazarin , and other popish kings and states , complyed and confederated with our republicans and late protectors , in opposition to our hereditary protestant king and kingship , purposely to ruine us and our religion at home , and the protestant churches abroad , engaged by their policies in unchristian wars against each other . ly . that we have all visibly seen and sensibly felt by twelve years wofull experiment , that this jesuitical project and chymera of a free-state and common-wealth , was propounded by the c army-officers , and the sitting juncto , as the only means of our present and future peace and settlement , both in nov. , , . and yet it hath proved ( as i then predicted in my speech and memento ) a perpetual seminarie of new wars , tumults , combustions , changes , revolutions of government , and governours , anti-parliamentarie conventicles , factions , schisms , sects , heresies , confusions , and endlesse taxes , oppressions , ataxies ever since ; both in church , state , court and camp , almost to our inevitable destruction ; and of necessity it will and must do so still . and is it not then a worse than bedlam follie and frenzie for our anti-parliamentarie juncto , swordmen , and republicans , to enforce and impose it on us by mere armed violence against our judgements , reasons , consciences , experiments , and compel us to maintain armies and navies by this new insupportable tax , to set up this romish babel , which hath been , is , and will be the most certain remora and obstacle of our peace and settlement , and most apparent jesuitical , romish , spanish engin , to create more and greater confusions , distractions than before , and effect our inevitable destruction both as men and protestants ? ly . that this pretence of erecting a common-wealth was first pretended by cromwell , and carried on with specious pretexts to blind the credulous people , onlie to make way for his own tyrannical and ambitious usurpation of a more than regal and monarchical power over our kingdoms , and settle it on himself and his posteritie in conclusion ; which he effected by degrees . and what intelligent person discerns not the self-same design now couched under it , in other ambitious grandees now in power , most eagerly crying up a free-state and common-wealth upon the same account ? ly . the anti-parliamentary , unchristian , atheistical , if not diabolical means , by which this utopian republick was at first endeavoured to be erected , established , and now again re-edified , must needs draw down the full vials of gods wrath and furie upon it , and all its projectors , and our . nations too , if they voluntarily submit unto it . it was first ushered in by ambitious , treacherous , perjurious , rebellious army-officers , seduced by romish emissaries , and their confederates in the commons house , forcibly secluding , securring , and ejecting the majoritie of their fellow-members , ( . parts of . at least ) only for their vote , to proceed to settle the peace of the kingdom , upon the kings concessions , after . years intestine wars : by the close imprisonment of sundry of them in remote castles for divers years without examination , hearing , or cause expressed ; by their suppressing & voting down the whole house of lords , without hearing or impeachment , over whom they had no jurisdiction : by murdering their protestant king in a strange court of highest injustice ; by exiling and disinheriting his royal issue , and right heir to the crown , to make way for their own usurpation of soveraign power ; by subverting the fundamental government of the kingdom , and the constitution , rights , privileges of english , scotish , irish parliaments , and their members : by seising upon , disposing and dissipating all the crown lands , revenues , customs , forts , forces , navies of our three kingdoms : by imprisoning , disinheriting , sequest●ing , exiling , destroying , murdering manie thousands of their protestant brethren and allyes of england , scotland , ireland , holland , merely for their loyalty and allegianee : by keeping a perpetual army to over-awe our . nations as conquered vassals , bond-slaves , and governing them by armed lust , tyrannie , militarie committees , high courts of justice , major generals , and fleying off their verie skins : by giving a boundlesse libertie to all religions , sects , heresies , blasphemies , jusque datum se●leri , &c. against all laws of god and man , the fundamental laws , statutes , liberties , franchises of the realm , the oaths of homage , fealty , supremacy , allegiance , the protestations , vows , solemn league and covenant , they had frequently taken themselves , and prescribed to others ; yea against many hundreds of votes , orders , ordinances , acts , declarations , remonstrances they had successively made and published to the world , and all sorts of civil and sacred obligations to god , their king , country , the trusts reposed in them by their indentures and commissions as members or souldiers , by exercising a more lawlesse tyranny , and boundlesse military power , than the worst of all our kings in any age : & exacting vaster sums of mony srō the exhausted people in lesse than . years space , than all our kings since the norman conquest . and it now carried on again ( after so many sodain , strange & admirable demonstrations of gods indignation against our new babel-builders and their posterities , by his various and successive providences beyond all human apprehensions ) by the self-same violent , exorbitant , unrighteous courses , unbeseeming englishmen or christians ; and now by re-excluding and ejecting all the old secured and secluded members by armed force and injurious votes , without accusation , hearing , crime or impeachment , against all rules of law , justice , and parliamentarie presidents , and of the whole house of lords , against the expresse letter of the act by which they pretend to fit : by bidding open defiance to the addresses and desires of the generality of the nobility , gentry , ministry , freeholders , commoners , citizens , burgesses of most counties , cities and boroughs of england , declaring for a free-parliament , or restitution of all the secluded members ; by imprisoning some * gentlemen & souldiers of quality , for delivering such addresses to their speaker ; by putting far higher affronts and force upon the city and common-council of london , after all their former obligations to them , than ever they received from the worst of our kings in any age , before the least hearing or legal conviction of them as delinquents ; by moving in the house , that all who have declared or made addresses for a free parliament , shall be disabled to elect or be elected members : by taking away the peoples freedoms of election , by prescribing new illegal qualifications ( against * all laws and statutes concerning elections and all forms of antient writs ) both for the persons electing and to be elected to recruit their empty house , of which themselves alone ( not the people ) will be the only judges before they shall be admitted when chosen : whereby they will ( like cromwell , and his council of state ) keep out any the people shall elect , that is not of their confederacy , and admit none but when and whom they please , to perpetuate the parliamentary power , and all places of trust and gain in themselves and their creatures . and because few or none but novices shall sit amongst them in parliamentarie affairs , ( whom they can easily over-reach and rule at their pleasure , being strangers to each other , and parliament proceedings ) they have voted out all the old secluded members ( though twice their number ) and disabled them to be new elected ; or if elected to be re-admitted , unless they will fully submit to the test of their new * qualifications and engagements . which will re-seclude all or most of them , if elected , and prove fatal to the peoples freedom in their elections , and to all parliaments and members in succeeding ages , if submitted to . for if a combined majority of the commons house , who have violated all their primitive oaths , trusts , protestations , covenants , remonstrances , declarations , and so * disabled , and disfranchised themselves from sitting any more as members , or the peoples trustees , may without any new election at all by the people , after their renuntiation and nulling of their first elections , by destroying , and engaging against , that regal power , by which they were first elected , and sitting only by power of the sword , without any qualifications prescribed to themselves ( which they impose on others , and would seclude most of them from being electors or elected members ) having gotten forcible possession of the commons house by armed tyranny and usurpation , after so many declarations , and bloody wars for the defence of the privileges , rights and members of parliament , shall be quietly permitted without any legal impeachment , hearing , tryal , or cause alleged ( but only for one just single vote , decemb. . . carryed in a full house after long debate , without any division ) forcibly to seclude and vote out the greatest part of their fellow-members of greatest integritie , interest , ability and faithfulness to the publick , against all rules of law , justice , and parliamentarie proceedings , and their electors wills ; and by new heterogeneal writs derived from another power , and varying in form , from those by which themselves were chosen , to enforce whole counties , cities , and boroughs to elect new knights , citizens and burgesses , to recruit their empty house , upon such pernicious qualifications and engagements as themselves prescribe both to the electors and members to be elected ; ( of which themselves will be the only judges , ere they admit them to sit when chosen ) on purpose to carry on their own private designs , and force what government they please upon the people , against their publick interest , and desires , to perpetuate our confusions , oppressions , unsettlements , and to disable whom they please to elect or be elected , without any publick opposition by the secluded members and people then endeavoured ; then farewell parliaments , laws and liberties for ever . fourthly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and libertie of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna chart. c. . the petition of right , car. the votes of both houses in the case of shipmony , r. . c. . and the resolution of our judges and law-books , edw. . e. . . cook report , f. , . semains case , and inst. p. , . secondly , imprisonment of the bodie of the party till he pay the contribution ; which is contrarie to magna charta , c. . the petition of right , the resolution of both houses in the parliament of caroli , in the case of loans ; and caroli , in the case of shipmony , the judgement of our judges and law-books , collected by sir edward cook in his inst. p. , &c. the statute of h. ▪ rot . parl. n. . car. c. , , , , , . most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force , adjudged high treason , in the case of the earl of trafford , and a levying of war within the statute of ed. . by the last parliament , for which he lost his head : and proved to be high treason , at large by master st. john , in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegal means of levying it ) if any person whose goods are distrained , or person imprisoned for these illegal caxes , shall bring his action at law , or an habeas corpus for his relief , or action of false imprisonment , as he may justly do , not onely those who now stile themselves judges , forgetting the cases of judge thorp , tresilian , and others , of old , and the impeachments of the late shipmony judges in the beginning of this parliament , with mr. st. johns speech and declaration against them , worthy their perusal , will deny , or delay to right and release them ; ( for which they deserve thorps and tresilians punishments ) but if these fail them , at least wise the new illegal committee of indempnity will stay his legal proceedings , award costs against him , commit him anew till he pay them , and release his sut es at law , and upon an habeas corpus their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but onely to be true and faithfull to their new ere●ted state , and sitting amongst them as members ) dare not bail , but remaund him against law ; an oppression and tyranny far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law , both in the cases of loans , shipmony and knighthood , without any council-table , or committee of indempnity , to stop their sutes , or force them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to these illegal taxes , but oppugn them to the uttermost , as the most destructive to our laws and libertie , that ever were . fifthly , the time of the imposing of this illegal tax , with these unlawfull wayes of levying it , is very confiderable , and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first year of englands liberty , and redemption from thraldom , & this last after its new revival after . years interruption and inter-regnum by oliver & his son richard . and if this unsupportable tax , thus illegally to be levied , be the first frui●s of our first years freedome and redemption from thraldom , as they stile it ; how great may we expect our next years thraldom will be , when this little finger of theirs is heavier by far than the kings whole loins , whom they beheaded for tyranny and oppression ? ly . the order of this ( first ) tax ( if i may so term a disorder ) or rather newn●ss of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i find , that was ever imposed by any who had been members of the commons house after a parliament dissolved , the lords house voted down , and most of their fellow commoners secured or secluded by their connivance or confederacy with an undutifull army at first : and this latter , the first doubled tax upon the people , for the very moneths they advanced , & ● aid in beforehand , by the expresse command and orders of the sitting members , to exclude the secluded ones , not only out of the house it self , but lobby too , into which the meanest footboyes , and porters have free accesse . which if submitted to , and not opposed as illegal , not onely the king , or lords alone without the commons , but any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament , now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , and on scotland , and ireland too , being encouraged thereto by such an unopposed president . which being of so dangerous consequence and example to the constitution and privileges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new coc●atrice in the shell , lest it grow up to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to l●de us with new and heavier taxes of this kind , when these expire ( which we must expect , when all the kings , bishops , deans and chapters lands are shared amongst them , sold and spent as they will quickl● be ) if we patientlie submit to this leading decoy : since q binus actus inducit consuetudinem ; as our ancestors resolved , auno . in the case of an unusual tax demanded by the pope● whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis oqsta ; serò medicina paratur cum mala per longas invaluêre mora● . b●ing the safest rule of state-physick we can follow in such new diseases , which endanger the whole body-politick . upon which grounds the most conscientious gentlemen and best patriots of their countrey opposed loans , shipmouy , tonnage , poundage , knighthood , and the late illegal impositions of the king and his councel in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if thefe worthies conceived themselves thus obliged to oppose those illegal impositions of the king and his councel , though countenanced by some judges opinions as iegal , to their immortal honour , and high esteem both in countrey and parliament , who applauded them as the * principal maintainers of their countries liberties ; then much more ought i , and all other tenderes of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few of our fellow subjects only , without , yea against all law or president to countenance it , being of greater consequence and worser example to the kingdom , than all or any of the kings illegal projects or taxes . seventhly , the excessiveness of this tax , much raised and encreased , when we are so much exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance november . . and by the * imposers of it , ( amounting to a sixth part , if not a moyety of most mens estates ) is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments , ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distress or imprisonment . upon this ground , in the parliament petitions of edward the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the wars , who ought to pay them . and in the printed statutes of henr. . c. . mariae c. to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by p●ecedent , by reason of the peoples poverty and inability to pay them . yea sometimes we read of something granted them by the king , by way of aid , to help pay their subsidies , as in edward . rastal tax . and . ed. c. . and for a direct president in point : when t peter rubie the pope's legat in the year . exacted an excessive unusual tax from the english clergy ; the whole clergy of berkshire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the re●venues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of their corn , and because there were such multitudes of poor people to relieve , some of which died of famin , so as they had not enough to suffice themselves and the poor ; whereupon they ought not to be compelled to any such contribution : which many of our clergy may now likewise plead most truly , whose livings are small and their tithes detained ; and divers people of all ranks and callings too , who must sell their stocks , beds , and their houshold ▪ stuff , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countries and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements ; and yet free-quarter is still taken . against which i have these just exceptions . . that the taking of free-quarter by souldiers in mens houses , is a grievance against the very common law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which , with his goods therein , he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them , under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , caroli . condemned by the commons house in their z declaration of the state of the kingdom of the . december , . and charged as an article against king richard the second when deposed , in the parliament of h. . nu . . yea , it is such a grievance , as exposeth our houses , goods , provisions , monies , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier : therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . . there have been many former promises , declarations and orders of both houses , and the general , for taking off free-quarter , upon the peoples paying in their contributions before hand , and then non● should afterward free quarter on them , under pain of death : yet no sooner have they paied in their contributions , but they have been free-quartered on as much or more than formerly : the souldiers , when we tell them of any orders against free quarter , slighting them as so many waste papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be free-quarter taken , and there can be no prevention of it , there being a necessity for it : and when any have craved allowance of it , they have found so many put offs and delaies , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the monies allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for t●e● , being put to play an after-game , to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they find by sad experience every where , and in the county and hundred where i resid● . for , not to look back to the last years free-quarter taken on us ( though we duly paid our contributions ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six daies together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soust●ck , walcot and widcombe , small parishes in our hundred and libertle , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside their quarters in other parishes of the hundred . sir hard●esse wallers souldiers , upon pretext of collecting arrears of contribution not due from the hundred , put it to at least li. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the . and . of may last , col , hunks his foot under the conduct of captain flower and captain eliot , pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next western ports to ireland ) surther from it , to oppresse the country , put bathwick , langridge , wolly , batheaston , katherin and ford to . li. s. and swainswick ( where i live ) to about li expences for two daies free-quarter ( by colour of the generals order dated the first of may ) being the rudest and deboislest in all kinds , that ever quartered since the wars , and far worse than the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as i● reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swo●ds , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controul them ) to abuse me . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may . when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — . ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were ? by what authority they demanded free-quarter , my house being neither inne , nor ale house ? and free-quarter against law , orders of parliament , and the generals ) using many high provoking speeches , brake som of my windows open , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer , against the ground , abused my maid servants , throwing beef and other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at and aftor supper , till most of them were mad-drunk , and some of them dead drunk under the table . then they must have fourteen beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many spare beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a piece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a piece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them , ● my absence , came about ten of the clock , notwithstanding the monies received of my sister for their quarters , re-entred the house , and would have quarters again , unless she would give them three shillings a piece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many devils , brake open my parlour , milk-house , & garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid servants with their naked swords threatning to kill them , and kick them to gelly , shot at them with their musquets , and forced them out of the house to save themselves : wch i hearing of , repaired to my house , and finding them all so bedlam mad , that they would not hearken to any reason , nor be quieted , thereupon rode to seek their captain and officers at bath , who purposely absented themselves , and not finding them till the next morning , i acquainted the captain then by speech ( as i had done the first night by letter ) with all these unsufferable outrages of the sould●ers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious not only to the countrie and kingdom , but to all officers and souldiers who had any civilitie in them , and be a disparagement to the general , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarouslie rude , but by his incouragement ; which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them ; and to remove them forthwith from my house : but the only right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continued there till near four of the clock ; and then marched away only out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who instead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what monies they could from the country by their violence and disorders . now , for me , or any others to give monies to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civil persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerors , and take free-quarter on us , amounting to at least a full years contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants issued for paying in this tax , to prevent it for the future ; is so far against my reason , judgement and conscience , that i would rather give all away to suppresse , discard them , or cast it into the fire , than maintain such gracelesse wretches with it , to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the maiors house , and threatned to s●ise and carry him away for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pr●tended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter ; and what an height of oppression and injustice this will prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegal tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men consider ; and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars ; or to enjoy any peace or settlement : and as long as we will submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-awe and enslave us to their wils . therefore the only way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of engl. sootl . and irel. ( to which he hath an undoubted right by the laws of god and man ; as the parliament of jacob . ch. ● . resolves ) and to levy war against him , to deprive him of it : to subvert the antient monarchical government of this realm , under which our ancestors have alwaies lived and flourished , to set up a new-republick , the oppressions : and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy and discern the least ease or advantage by it : to overthrow the antient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and privileges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , a publick remonstrances and engagements to the kingdom and forein states , not to change the government , or attempt any of the premises . all which being no lesse than high treason by the laws & statutes of the realm , as sir e. cook in his * inst. & mr. st. john in his argument at law , upon passing the bill of attainder of the e. of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and * canterbury , who were condemned and executed as traytors by judgement of parliament , and some of those now sitting , but for some of these treasons upon obscurer evidences of guilt , than are now visible in others , i cannot without incurring the crime and guilt of these several high treasons , and the eternal , if not temporal punishments incident thereunto , voluntarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oaths , covenants and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgement and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our king , laws , the revival of our decayed trade , by renewing and perpetuating our bloody uncivil wars ; engaging scotland & ireland , with forein princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and to restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continual wars ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honourable terms , and invested in their just possessions . which were far more safe , honourable , just , prudent , and christian for our whole . kingdoms voluntarily and speedily to do themselves , than to be forced to it at last by any forein forces ; the sad consequences whereof we may easily conjecture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous treasonable consequences , by any submission to this illegal tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgements of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of the omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and t●e ruine of my greatest enemies and opposers ) to oppugn these unlawfull contributions , and the payment of them o● the uttermost , in all just and lawfull waies , i may ; and if any will forcibly levy them by distresse or otherwise , without and against all law or right ( as theeves and robbers take mens goods and purses ) let them do it at their own umost peril ; being declared all traytors , and to be proceeded against capitally as traytors by the junctoes own late knack and declaration . however , though i suffer at present , yet i trust god and men will in due time do me justice upon them , and award me recompence for all injuries in this kind , or any sufferings for my countries liberties . however , fall back , fall edge , i would ten thousand times rather lose my life , libertie , and all that i have , to keep a good conscience , and preserve my own and my countries native liberty , than to part with one farthing , or gain the whole world , with the losse of either of them ; and rather dye a martyr for our antient kingdom , than live a slave under any new republick , or remnant of a broken , dismembred , strange antiparliamental house of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realm , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to bind me , or any other subject , in point of conscience or prudence , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they style , the present government , of the armies modeling , and i fear of the popes , spaniards , campanellaes , father parsons , and other jesuites suggesting , to effect our kings , kingdoms and religions ruine , as i have * elsewhere clearly evidenced , beyond all contradiction . psalm . , . i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evil doers , and will not sit with the wicked . william prynne . swainswick , june . . finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled . an epistle written the th day of june . . by lieut. colonel john lilbourn , to mr. william lenthal speaker to the remainder of those few knights , citizens and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designe● , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customes of england ( the badges of our freedom as the declaration against the king of the th of march . p. . calls them ) and by force of arms to rob the people of their lives , estates , and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly style themselves . the conservators of the peace of england , or the parliament of england intrusted and authorised by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned p. . they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter ▪ tenth ▪ hu●dred or thousand part of them authorised thomas pride , with his regiment of souldiers to chuse them a parliament ▪ as indeed he hath de facto done by his pretended mock-parliam●nt : and therefore it cannot properly be called the nations or peoples parliame●t : but col. prides and his associates , whose really it is : who although they have beheaded the king for a tyrant , yet walk in his oppressi●g●st steps , if not worse and higher . this is the title of his epistle . in this epistle , this late great champion of the house of commons , and fitting junctoes supremacy , both before and since the kings beheading , who with his brother a a his petition and appeal , & his arrow of defiance . see mr. edwards gangrena , . part . p. . f. . see my 〈…〉 for the 〈…〉 to overton and their confederates , first cryed them up as , and gave them the title of , the supreme authority of the nation : the onely supreme judicatory of the land : the onely formal and legal supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personal treaty , ( as he and they print and boast in b● this epistle , and other late papers ) pag. , doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c c pag. , . commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediately before their late march to london to purge the house , and after at white-hall commonly style themselves , the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament , ; and no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a real and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply solely and onely by the will of sword-men , whom we had already found to be men of no very tender conscience . and do not the speaker and all lawyers and others now sitting in their own judgments and consciences , and to their friends in private , believe , say , and confess as much , that they are no parliaments ? and yet have the impudency and the insolency to sit , act , and tax , yea seclude and imprison us at their pleasures , as a real , legal and absolute parliament ? o atheisme ! o tyranny , and impiety of the worst edition ! if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resoved to pull it up by the roots as such , then it necessarily folows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rational men . and no wayes enabled by law to impose this or any other new tax or acts upon the kingdom , or to create any new treasons , confiscations , sequestrations and penalties ; and being themselves in truth the worst and greatest of all traytors and tyrants . secondly , that these grand saints of the army and steersmen of the pretended parliament , and all gown-men confederating with them , knowingly sit , vote and act there against their own judgments and consciences , for their own private , pernicious ends . thirdly - that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly and army , to sit or vote together with them , or to enjoy any office or command in the army under them , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and forcibly excluded and imprisoned the greatest part of the members and whole house of peers , in order to their own future exclusion , and as great a baseness in them and others for to pay it upon any terms . secondly he there affirms , that d d p. , . oliver crumwel by the help of the army , at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his onely white boys , and who but oliver ( who before to me had called them in effect , both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative note . and jurisdictive power over the commons , as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes should argue and plead their just right with any friend i had in england . and not onely so , but did he not get the general and councel of war at windsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring the legal right of the lords house , and their fixed resolution to maintain and uphold it ? which was sent by the general to the lords by sir hardresse waller : and to indear himself the more unto the lords , in whose house without all doubt he intended to have sate himself , he required me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would sloop and acknowledge , the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they themselves have suppressed them . whence it is most apparent . . that the general , lieutenant general cromwel , col. ireton , harison , and other officers of the army now sitting as members , and over-ruling all the rest , * * see my plea for the lords and house of peers , ( yea & all other lawyers , members , sitting with them . have wittingly acted against their own knowledges , declarations , judgments , consciences , in suppressing the lords house , and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament , contrary to the express acts of & caroli . c. . , , , , . and hundreds of ordinances , remonstrances , declarations , the protestation , vow and solemn league and covenant made this parliament , by the votes of most now sitting . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , and to suppress the house of lords , is in their own judgments and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all the lords and other englishmen who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he e e pag. . , . , . there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people by the rule of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed thieves choose and set apart to try , judge , condemn , hang or behead any man that they please , or can prevail over by the power of their sword , to bring before them by force of arms , to have their lives taken away by pr●tence of justice , grounded upon rules meerly flowing from their vvills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons ; to set up indeed a mock-povver , and a mock-parliament ; by purging out all those , that they were any way jealous of would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of a parliament , and the shadow and imperfect image of legal and just authority , to pick their pockets for them by assesements and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect . star-chamber , high commission , and councel-board ) make them their perfect slaves and vessals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament , or house of commons , to make acts or impose taxes upon the people : or set up high courts of justice to try and condemn the king , or any peers or english preemen ; the secluded lord ; members , presbyterians , royalists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority , and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further avets : f f pag. . . . . . . that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherfore the members of the commons house were chosen and sent thither , was , to treat and confer with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , ot third estate of that parliament , to which they were to come and joyn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust , is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within its limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers , were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly voyd of reason , as to call tho. prides pittiful juncto a parliament , especially those that called , avowed , protested and declared again and again those to be none that sate at westminster , the : , &c. of july . when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people , the shew of their own wills , lusts and pleasures for laws and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwel and ireton ? now ; if their own late confederates and creatures argue thus in print against their being and continuing a parliament , their jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more do it , and joyntly and magnanimously oppose them to the utmost , upon the self-same grounds , for their own and the publick ease , liberty , safety settlement , and restoring the rights , priviledges , freedome , splendor of our true english parliaments ? fifthly , he there likewise affirms , g g p. . . . . that those now fiting at westminster have perverted the ends of their trusts more then ever strafford did : . in not ceasing the people of , ( but encreasing ) their grievances . . in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little shipmony and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half ( nay all ) the kings since the conquest ever did ; as particularly : by excise , contributions . sequestrations of lands to an infinite value . fist part . twentyeth part . meal-mony . sale of plundered good . loanes . benevolences . collections upon their fast days . new imposittions or customes upon merchandize . guards maintained upon the charge of private men . fifty subsidies at one time . compositions with delinquents to an infinite value . sale of bishops lands . sale of dean and chapters lands : and now after the wars are done , sale of kings , queens , princes , dukes , and the rest of the childrens revenues . sale of their rich goods which cost an infinite sum . to conclude all , a taxation of ninety thousand pounds a moneth : ( since that of one hundred and twenty thousand pounds a moneth ; and lately of a whole years tax within three moneths , and now of one hundred thousand pound a a moneth , for the same six moneths they have payed their taxes , besides excise , customes , frequent new intollerable militiaes , payments to increased swa●ms of poor , sequestrations , highway money , and other charges , now all trade is utterly lost , and the three kingdomes beggar'd and undone . ) and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a piece amongst themselves , and wipe their mouths after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world again and again in the day of their straits , they would never seek themselves , and yet besides all this , divide all the choicest and profitablest places of the kingdome among themselves . therefore when i seriously consider , how many in parliament and elsewhere of their associates ( that judge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread ; i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that who so hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any wayes takes a little of his little from him ) how dwelleth the love of god in him ? john . . these actions and practises are so far from being like the true and real children of the most high , that they are the highest oppression , theft and murther in the world , to rob the poor in the day of their great distress by excise , taxations , &c. to maintain their pomp , superfluities and debauchery ; when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and ad mant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended godly religious men , have got a degree beyond those atheists or fools , that say in their hearts , there is no god . psal. . . and . , . in quite destroying the peoples essential liberties laws and and freedomes , and in leaving them no law at all ( as m. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martial law , where new butchers are both informers , parties , jury men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to the killing of men for nothing but many , and so are more bloody than butchers that kill ●●eep and calves for their own livelyhood ; who yet by the law of england , are not permitted to be of any jury for life and death ; because they are conversant in the shedding of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would have them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters , the pretended law-makers of your house ? now constituted by as good and legal a power as he that robs and kills a man upon the high way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( as the great officers of the army and treasurers who are members now do : who both impose what taxes they please , and dispose of them , and all power , honour , profit , to themselves and their creatures , as they please , without rendering any accompt to the kingdoms , contrary to the practise of all former ages , and the rules of reason and justice too ) are not all others in the three nations , especially the secluded lords , and members , bound by all bonds of conscience , law and prudence , to withstand their impositions and edicts unto death , rather than yield the least submission to them ? sixthly , he there avers , proves , and offers legally to make good , before any indifferent tribunal , that the h h pag. . ▪ , . . . . . . , , , , . . grandees and over-ruling members of the house and army are not onely , a pack of dissembling , jugling knaves and machevillians amongst whom in consulation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amonst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death , without any satisfaction for their lives , as traytors , enemies , rebels to , and i i see pag. . . conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome , and the peoples majesty and soveraignty ; that the pretended house and army are guilty of all the same crimes in kind , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , than ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants , that ever lived in the world : and ought ( as many of you have been , and now are ) by all rational honest men to be most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindnesse , they have done all the mischief they have done in destroying our laws & liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , or acknowledge them for our legal parliament and soveraign lords of the three kingdomes , if such now in their own late adorers eyes ? seventhly , he there asserts , k k p. . . that whosoever stoops to their new change of government and tyrany , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king prince charles , ( heir apparent of his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the * * let our gownmen sitting at westminster and other places , & in high courts of justice too , & there condemning and executing men consider it . judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission , either from true regal , or true parliamentary power ( except in corporations only where they proceed by ancient charters in the an●ient legal form ) . and if this be law and l l luk. . . . c. . . . gospel too ( as no doubt it is ) then by the same reason , not onely all legal proceedings , indictments , judgements , verdicts , writs , tryals , fines , recoveries , recognisances , and the like , before any judges and justices since the kings beheading in any courts at westminster , or in their circuits , assises , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegall , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs now acting , and lawyers practising before them in apparent danger of high-treason both against king and kingdom , they neither taking the oaths of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state without a king ; but likewise all votes and proceedings before the pretended house or any of their committees , o●sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods , compositions ▪ &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which hath beheaded the late king , dis-inherited his undoubted heir , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdome , with the liberty and property of the people of england , no less than high-treason in all these respects , as is fully proved by sir edward cook in his institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , and declaration and speech against the ship-mony judges , published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any , to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new proun'd rate for the last months contribution , & to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damn mens souls , invented by cardinal woolsey , much enveighed against by father latimer in his sermons ; condemned by the express words of the petition of right , providing against such oathes ; and a snare to enthral the wealtheir sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer any oath in any case whatsoever , much lesse then to confer any authority on others , to give such illegal oathes , and fine those who refuse them : the highest kind of arbitrary tyrany both over mens consciences , properties , liberties ; to which those who voluntarily submit , deserve not only the name of traytors to their country , but to be m m exod. . . . boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oaths , yea treasonable oaths of the highest degree , abjuring and engaging against king , kingship , kingdome and house of lords , and that with constancy and perseverance , against their former oathes of homage , fealty , supremacy and allegiance , the protestation , vow , solemn league , and national covenant ( the most detestable perjury and high treason that ever mortal men were guilty of ) or assistant in imposing , assessing , collecting , and levying illegal taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not onely by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common ▪ law , when there will be no committee of indempnity to protect them from such suits , but likewise by indictments of high treason , to the deserved losse of their estates , lives , and ruine of their families ( and that by the junctoes own votes and declaration octob. . . ) when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present forbid fear of imprisonment , loss of liberty , friends , estate , life or the like , being no n n see . h. . rot. par. n. . excuse in such a case and time as this , but an higher aggravation of their crime : nor yet to exempt them from hell it self and everlasting torments in it , for their perjuries treasons , oppressions , rebellions , and actings against their consciences out of fear of poor inconsiderable mortals , who can but kill the body at most , nor yet do that but by gods permission , contrary to the express commands of god himself . ps. . . ps. . . ps. . . ps. . , . isa. . . c. . . . ler. . . ezek. . . & . . . mat. . . . pet. . . heb. . . the o o rev. . . fearful being the first in that dismal list of malefactors , who shall have their part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john . . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a e- * see fortescue de laudibus legum angliae , and sir thomas smith de republica anglicana car. c. . see rastal , title taxes , tallages , the acts for subsidies of the clergy and temporalty . * see my memento to the p●esent un-parliamentary juncto , prynne the member reconciled to prynne the barreste● , and true and perfect narrative , may . & . . notes for div a e- a see my humble remonstrance against ship-money . jan. . . b see e. ● cap. . cook . report . , . dyer . ed. . , , e. . book commission . , . c cromptons jurisdiction of courts . fol. . cook . instit. c. . d e. . m. . part . . dors. claus. regist. f. . . e ed. . . e. . . brook commissions . . . & officer , . dyer . . cook . . report , . . e. . c. . daltons justice of peace , c. . p. lambert . p. . * see my plea for the lords and house of peers . f r. . n. . h . n. . h. . n. . g h. . . b. h. . . fortescue , c. . f dyer , . b●ook parliament , , . cooks . institut . p. . h see the freeholders grand inquest . my plea for the lords . the , and , part of my register of parliamentary writs , and exact ab. idgement of the records in ●●e tower , my historical collection , part , . c. . see my speech , dec. . . and a full declation of the true state of the case of the secluded members . i ( i ) cooks . institutes p. . r. . stat. . c. . * populi minor pars , populum non obigit . grotius de jure belli . l. . c. . sect. . alexander ab alexandro . gen. dierum . l. . c. . ( a ) declarat . nov. . & . . l . ed. . . . h. . . brook parl. . . cook . instit. p. . , . jac. cap. . m claus. . e. . m. . dorso . n . e. . , . . h. . . brook customs . . * the . part of the parliamentary writs p. , to . cooks instit. , , iac. c. , . iac c. , . iac. c. . car. c. . object . answ . a see my plea for the lords and house of peers , and historical collection of the great councils and parliaments , and fundamental rights , laws , and liberti●● of all english freemen . b printed by it self , and in a declaration of the engagements and remonstrances , &c. of the general , and general councill of officers of the army . london p. . . is there not a greater , longer , force and violence offered to both houses ever since dec . by aimed souldiers , than that by the unarmed apprentices , but for a few hours ? how can you dispence with your self , to fit since dec. . & passing votes , to seclude & exclude the lords & your fellow members , and to tax them at your pleasure , & not believe them voyd & null ? * nor yet by those now sitting against the lords and our forcible exclusion , but new votes in justification thereof ? the army could not with all their power and menaces , inforce the s●cluded members to vote against their judgements & consciences ? ec . . . why hav and do you yet serve the juncto in a false and anti-parliamentary way near as many years more , to abuse and deceive them ? have you not done it since in the highest degree by high courts of justice , securing , secluding , imprisoning , banishing , disanheriting thousands , and imposing taxes and excises on them against all our laws ? have you nor conscientiously observed them , by secluding , ejecting the lords , and your fellow members ? by subverting all rights , privileges of parliament , and liberties of the subject ? why do you not now much more absent your selves upon the same account ? if it was so great a crime to lock and keep them in the house ? was , yea is it not a far worse and g●eater crime in you and your juncto , to lock the lords and your fellow members , and keep them forcibly o●t of the houses for so many years till you have passed what new vores , and set up what new government , and imposed what tixes you please upon them against their wills ? and is it not a greater breach of ptivilege for you to vote out most of the members without hearing them ? the major vote therfore dec. . ought to carry it as well as then . did you not far worse in seeuring , ●●cluding , imprisoning , ejecting the majority of your fellow-members , onely for voting against the minority , dec. ? and can you discharge them by sitting now , when the majority of the members & lords are secluded , and forcibly kept out by your orders , and not permitted to sit with freedome & safetie ? was not the armea sorce , secluding and keeeping away most of the members since . sar worse than this ? why have not the army-officers , & most members subscribing this engagement , and making and commending this resolution kept this resolution , but apostatized from it ever since december . . and acted quite contrary to it ? therefore now much more by the members acting and continuing force upon the majority . they have been faithlesse more than once or twice to the secluded members , and the iuncto too since this . did you really perform this engagement by ordering the army to secure and seclude the majority of you● fellow-members , and whole house of lords heret●fore & twice of late ? have not the armie & most of those s●bseribers since dec. . . laid the greatest reproach 〈◊〉 sorce upon the nation , & brought & offered greater contempts to the honour , 〈◊〉 esteem , privileges , members of parliament , than the apprentices or the 〈…〉 men in any age ? is not this the case of the secluded and excluded members in respect of their electors and the kingdom ? is not this the speech and answer of the secluded lords & commons to the kingdom and people ? is not this the true stile and character of all th●se , since forcibly secluding the lords and their fellow members ? the secluded lords and commons now t●ust so too . most counties now begin to do it for their secluded members restitution , or a new free parliament without limitation . * now sitting as a commoner . that on dec. , . and since that till now , hath been worse , longer , and more unparalleld . and doth it not gainsay the armies & officers professions , commissions , protestations , declarations , and other obligations to protect the parl. and secluded lords & commons ? the force since on the houses hath effected it . do not the officers & members deserve to be so served , for securing & secluding us ? * the armies declaration , p. , &c. wo ) is it not arrse for the mmy and sitting bloembers to dock up the thors against me lords and most of the comisons ? and to oeep them fut of the houses or sundry years ? was not the armies seising , secluding , pulling and keeping those out who gave their votes against their designs , dec. . . shutting them out ever since , & imprisoning some of them sundry years , far worse than this ? it was far worse to fill them with soldiers & troopers , dec. , & . and since , to seelude the most of the members by force . and now six times more of them are driven away by the army . do not the people esteem the secluded members su●h , and are not they the supreme authority by the armies & sitting members own votes , jan. . ? * they went not to them till thus ●●●ited . and ought not the army and english nation , thus to engage , much more to the now secluded lords and members ? it is usual and legal in the speakers absence or sicknesse . and a●e you not and the kingdom too , now much more convicted of this truth ? and are not all since dec. . . till now much more null and void , for the same reason ? * is not yours of dec. . & jan. . . far more unparalleld , to the parliament , and all the free-born subjects ? much more then now the excluding members ? and ought not the army and ● monk n●w to do the like ? are not the sitting secluders of the lords and majority of the commons , far greater delinquents , deserving greater punishment ? remember and fulfill these promises , now at least , to the parliament , king & kingdom , which crosse your engagements . abjurations of king and kingship , to set up an utopian commonwealth . * ne dhams interest will not ( but ) lye . * and more since their secluding and securing dec. . & . . * therefore all since dec. . till now are void by the self-same reasons . * see my p●ea for the lords p. , to . * par in pa●em non habet imperium , vel jurisdictionem , bracton , l. . c. . f. . object . answ . * exact collection , p. , . ¶ . parl. . rot parl. n. . . r. n , . r. . n , , . ● h. . n. , . h. . n. . h. . n. , , . h. . n. , . h. n. , , . * cooks . institut p. . dyer , f . * exact collect . p. , , , , . * brook parliment . relation . dyer . is not this the armies and their own late and present practice ? alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . and is it not so by you now , and t●ansmirted unto the exchequer to be levied ? and do not you now the same , ye● , some of them verie good patriots ? are not the generals and armies horses and foot too , kept up and continued among us for that purpose , being some of them germans too ? not one quarter so g●ievous as the late and present taxes , excises , customs , imposed by you for the like purpose . and is it not more unnatural in those now sitting , to engage the english army , raised by the parliament of england , and convenanting to defend it from violence , against the verie parliament of england and its members , to seclude , exclude , and eject the majoritie of their fellow members , and whole house of peers , by their votes and commands , and that successively twice after one another , and yet to own and support this army without ●ighting those members ? was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of a●med horse and foot ; and their suppressing the house of lords , and re secluding the members by armed guards on may , & . & dec. . . a thousand times a greater offence , especiallie after so many declarations of the houses against this of the kings ? was not humphry edwards now sitting , ( an unduly elected member , ) one of them thus armed ? * henrie martin is accomptable to the state for above l. which the committee of accounts in two years time could never bring him to account for , and yet hath pound voted him lately for moneys pretended to be di●bursed ; to whom and for what quae●e . * in their p●rliament● p. a , p. , , . see a full declaration of the true state of the case of the secluded members p. , &c. ¶ exact collection , p. , , , , , . * exact collection , p. , , , , , , , , , , . * exact collect . p. , , , . a , , , , , , , &c. , , , , &c. , , &c. a collect. &c. p. , , &c. . * a collect. &c. p. , , . , , , , &c. , , , , , , , &c. , . * see cooks instit. p. . , , . * can or will the expulsed king himself or his heirs say more , or so much as these , if he invade and conquer us by forein forces ? and were it not better for us then to submit to our lawfull king , than to so many thousand perfidious usurping pretended conquerors of us , who of late pretended only they were no other but our servants , not lords and conquerors ? o a collect. &c. p. , . objct. answ . * see their votes jan. . & declaracion , march , . p. . . * see their declaration , nov. . & proposals , dec . ● and cromwel● inst●ument & speeches . * ezek. . * see the d . part of the history of independency . * see seldens titles of honour . * see a collect . p. , , , , , . a see my jus pationatus , and new discovery of free-state tyranny , and the good old cause truly stated . b see the coffin for the good old cause , john rogers , and nedham his interest will not lye , my true and perfect narrative , and consciencious quaenes , where this is fully proved . c in their several agreements of the people , ●heir d●cla●ation of nov. . their proposals , decemb. . and declaration of march . . * sir robert pye & others * e. . c. . see rastals abridgements , tit. elections and parliament . * febr. . . * cooks reports , f. . chron. . . q mat. paris . r ovid . de remed. amoris . * exact collections , p. . . and their own declarations , . march . p. &c. * in their declarations march . . p. . s magna chart. c. . e. . c. ● . cook . instit. p. , . . . t mar. paris p. ● . u a collection , &c. p ● . semains case . rep. sendels case . lambe●t f. ● ● . daltons justice of peace , ● . h. . c. . x see cook report . f , p . y see rastal title purveyers . z an exact collecti , on p. . a see an exact collection : and a collection of publick orders , &c. p. , , , , . * lib. . c. , . * see canterburies doom , and straffords trial. * in my speech dec. see romes master-piece , the epistle to my jus patronatus ; a true and perfect narrative , . the epistle to the . part of my historical vindication and collection . reasons assigned by william prynne, &c. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons assigned by william prynne, &c. prynne, william, - . [i.e. ] p. s.n., [london : ] caption title. place and date of publication from wing. errata: p. [i.e. ]. reproduction of original in union theological seminary library, new york. marginal notes. eng england and wales. -- parliament -- history. taxation -- great britain -- history. a r (wing p ). civilwar no reasons assigned by william prynne, &c. prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion reasons assigned by william prynne , &c. being on the of this instant june informed by the assessors of the parish of swainswicke , that i was assessed at l. s. for three months contribution , by vertue of a ( pretended ) , act of the commons assembled in parliament , bearing date the of april last , assessing the kingdom at ninty thousand-pounds monthly , beginning from the of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monthly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since on the of june required to pay in l. s. for my proportion : i returned the collector this answer , that i could neither in conscience , law , nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick liberty ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or not oppose it in my place and calling to the uttermost , upon the same , if not better reasons as i oppugned a ship-money , knighthood , and other unlawfull impositions of the late king and his councel heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or fullennesse ; but out of solid reall grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassalage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my refusal in writing , and to publish them so soon as possible to the kingdom , for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediately penned these ensuing reasons ; which i humbly submit to the impartiall censure of all conscientious and judicious englishmen ; desiring either their ingenuous refutation , if erronious ; or candid approbation , if substantiall and irrefragable , as my conscience and judgment perswade me they are , and that they will appear so to all impartiall persons , after full examination . first , by the fundamental laws , and known statutes of this realme , no tax , tallage , ayd , imposition , contribution , loan or assessment whatsoever may or ought to be imposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes &c. not so imposed , levyed ( though for the common defence and profit of the realm ) being unjust , oppressive , inconsistent with the liberty and propertie of the subject , laws and statutes of the realm ; as is undeniably evident by the expresse statutes of magna charta , cap. . . . e. . c. , . . e. . de tallagio non concedendo c. . . e. . rot. parl. n. . . e. . c. . . e. . rot. parl. n. . . e. . rot. parl. n. . . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , . caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , . & caroli . and fully agreed and demonstrated by mr. william hackwell in his argument against impositions ; judge hutton and judge crook in their arguments , and mr. st. john in his argument and speech against ship-money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) pag. . . &c. . . . . , &c. with sundry other records and law-books cited by these great rabbies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law , and prudence to withstand it as unjust , oppressive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is onely questionable . first , this tax was not imposed in , but out of any parliament , the late parliament being actually dissolved above two months before this pretended act of these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of . h. . and . h. . rot. parliam . n. . cook institutes p. . and . e. . . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks . instit. p. . resolve ) which was summoned and constituted only by his writ now b actually abated by his death : and the parliament ( as is evident by the clauses of the severall writs of summons to c the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrum , the kings parliament that is dead , not his heirs and successors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty and urgent affairs that concerned ( nos ) him and his kingdome of england ; and the knights and burgesses receiving their wages for , nuper ad nos ad parliamentvm nostrvm veniendo , &c. quod sommoneri fecimvs , ad tractandum ibidem super diversis & arduis negotiis nos & statum regni nostri tangentibus , as the tenor of the d writs for their wages determines . the king being dead , and his writ and authority by which they were summoned , with the ends for which they were called ( to confer with him , about his , and his kingdoms affairs &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have disinherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such onely by the king 's abated writ ; even as all judges , justices of peace , and sheriffs made onely by the kings writ or commission , not by letters patents , cease to be judges , justices and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was losed by his death , rom. . . . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our e law-books and judges have frequently resolved upon this very reason , which equally extends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . . . and brooke , office and officer , . therefore this tax being cleerly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as by the convocations and clergies tax and benevolence granted after the parliament dissolved in the yeer , was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . . admit the late parliament stil in being , yet the house of peers , earles and barons of the realm were no ways privy nor concentivg to this tax , imposed without , yea against their consents in direct affront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and nul their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , intituled by them , an act of the commons assembled in parliament : whereas the house of commons alone , though full and free , have no more lawful authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation anno . after the parliament dissolved ( as is evident by the express words of the forecited acts , the petition of right it self ; acts , for the trienniall parliament ; and against the proroging or dissolving this parliament , . caroli : with all our printed statutes , f parliament rolls , and g law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting members of our h ancient parliaments ( which consisted of the king and spiritual and temporal lords , without any knights , citizens , or burgesses as all our histories and records attest ) til h. . at soonest ; they having not so much as a speaker or commons house til after the beginning of king edward the third his reign , as never presuming to make or tender any bils or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds raign , as our parliament rolls , and the printed prologues to the statutes of . . . . . . . . . and . ed. . . rich. . . . . . . . . . hen. . . . . . . . hen. . . . . . . . . . . . . . . . . hen. . . . . . . . . ed. . and . rich. . evidence ( which run all in this form . at the parliament holden &c. by the advice and as sent of the lords spiritual and temporal and at the special instance and request of the commons of the realm , ( by their petitions put ín the said parliament , as some prologues have it . ) our lord the king hath caused to be ordained , or ordained certain statutes &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the requesting of , and petitioning for them both from king and lords to the commons , in whom the legislative power principally if not solely resided ; as is manifest by the printed prologue to the statute of merton . . hen. . the statute of morteman . . ed. . . ed. . de aspertatis religiosorum . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegal , and no ways obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house , ( at least parts of ) who by law and custome are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own termes . an usurpation not to be paralleld in any age , destructive to the very being of parliaments ; i where all members ex debito justiciae , should with have equal freedom meet and speak their mindes : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea contrary to all rules of reason , justice , policy , conscience , and their own agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to over-sway , seclude or forejudge the major number of their assessors and fellow members , over whom they can no wayes pretend the least jurisdiction , it being the high way to usher tyranny and confusion into all councels and realms to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact lawes without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as wel as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . . suppose this tax should bind these counties , cities , and buroughs , whose knights , citizens , and burgesses sat and consented to it when imposed , ( though i dare sware imposed against the mindes and wills of all or most of those they represent ; ( who by the k armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of e. . rot . parl. n. . did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against forraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law , or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities , or burroughs , whose knights , citizens , and burgesses have been secluded or scared thence by the armies violence , or setting members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the only l reason in law or equity , why taxes or acts of parliament oblige any member , county , burrough , or subject is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our m law-books , that by-laws oblige only those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( which comes fully to the present case ) in h. . . h. . . brooke ancient demesne . & parl. . . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note . it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of wast , and yet ancient demesne is not excepted : and it is enacted , . ed. . c. . that fines with proclamation shall be in chester , for that the former statutes did not extend to it : and it is enacted , that a fine and proclamation shall be in lancaster . . & . e. . c. . and a proclamation upon it a exigent is given by the statute in chester and wales , . e. . c. . and by another act to lancaster , . & . e. . c. . and the statute of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , . h. . cap. . since which they have continued , their wages being to be levyed by the statute of . h. . c. . now , if acts of parliament bound not wales and county palatines , which had anciently no knights nor burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this leavie , tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those officers , and that army who trayterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisoned and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the burrough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all my might and power effectually to oppose them . if any here object , that by the custome of parliament members onely are sufficient to make a commons house of parliament , and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members , and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet forty were never in any parliament reputed a competent number to grant subsidies , passe , or record bils , or debate or conclude matters of greatest moment ; which by the constant rules and usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus tenendi parliamentum , sir edward cooks . institutes , p. . . . . . cromptons jurisdiction of courts , f. . &c : . e. . . brook parliament . . . jacobi , c. . and the records i have cited to this purpose in my levellers levelled , my plea for the lords , and memento , p. . abundantly prove beyond contradiction ; for which cause the members ought to be fined , and lose their wages , if absent without special licence , as modus tenendi parliamentum , as . r. . parl. . c. . . h. . c. . and a collection of all orders , &c. of the late parliament , pa. . . with their frequent summoning and fining absent members , evidence . secondly , though forty members onely may peradventure make an house in cases of absolute necessity , when the rest through sicknesse , and publick or private occasions , are volutarily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members never yet made a commons house by custome of parliament ( there being never yet any such case till now ) when the rest ( being above four hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , of purpose that they should not over nor counter-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a law , custom , or president of parliament ( not to be found in any age ) all they pretend is nothing to purpose , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custom of parliament or law , of england , to impose a tax , or make any act of parliament , without the king and lords , us i have n already proved ; much lesse after they ceased to be members by the parliaments dissolution through the kings beheading : neither were they ever invested with any legall power to seclude or expell any of their fellow-members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgments from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judicial power of the parliament resides ) as i have undenyably proved by presidents and reasons in my plea for the lords , p. . to . and ardua regni , which is further evident by claus. dors. . r. . m. . and mr. seldens titles of honour , p. . baronet camoyes case , discharged from being knight of the shire by the kings writ and judgment , because a peer of the realm ; the practice of sequestring and expelling commons by their fellow-commons onely , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , burroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges , justices of peace , or committees have to dis-judge , dis-justice , or dis-committee their fellow judges , justices and committee-men , being all of equall authority , and made members onely by the kings writ and peoples election , not by the houses , or other members votes ; who yet now presume both to make and unmake , seclude and recall , expell and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle in stead of an english parliament . therefore this objection no ways invalids this first reason ; why i neither can nor dare submit to this illegall tax in conscience , law , or prudence , which engage me to oppose it in all these respects . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted voyd ; others of them elected by new illegall writs under a new kind of seal , since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case . claus. dors. . r. . m. . and asserted by master selden in his titles of honour : part . . cha. . p. . seconded by sir edward cook in his . institutes . p. . , , , , . ) as i should admit these lawfull members , so i should therby tacitly admit , & ex post facto assent to some particulars , against my knowledg , judgment , conscience ▪ oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of gyd himselfe , with a sincere heart and reall intention to perform● the same , and persevere therein all the dayes of my life , without suffering my selfe directly or indirectly , by whatsoever combination , perswasion or terrour to be withdrawne therefrom . as first , that there may be and now is a lawfull parliament of england actually in being and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords or most of their fellow commons : which the very consciences and judgments of all now sitting , that know any thing of parliaments , and the whole kingdome if they durst speak their knowledg , know and beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawfull authority to violate the priviledges , rights , freedoms , customes , and alter the constitution of our parliaments themselves ; imprison seclude , expell most of their fellow members for voting according to their consciences ; to repeal all votes , ordinances and acts of parliament they please , erect new arbitrary courts of war and justice to arraign , condemn , execute the king himself , with the peers and commons of this realm by a new kind of martiall law , contrary to magna charta , the petition of right , and law of the land ▪ disinherit the kings posterity of the crowne , extirpate monarchy and the whole house of peers , change and subvert the ancient government , seals , laws , writs , legall proceedings courts , and coyne of the the kingdome ; sell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i desire may be seriously and conscienciously considered by all who have sworne it ) i do ●eleive and in conscience am resolved , that neither the pope , nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately zealously u●ged and injoyned by both houses on members , officers , ministers , and all sorts of people throughout the realme : dispose of the forts , ships , forces , officers and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they please from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare inthrall our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare reall treasons against king , kingdome , parliament , to be no treasons , and loyalty , allegiance , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and pernicious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons and lives to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . . e. . c. . . edw. . cap. . . ed. . c. . . e. c. . . e. . cap. . . ed. . cap. . . r. . c. . . h. c. . . h. . rot. par. . n. . . e. . c. . m. c. . the petition of right , caroli , and laying all our laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what force they will by sea and land , to impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as long as they please to support their own encroached more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge , against our wills , judgments , consciences , to our absolute enslaving , and our three kingdoms ruine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which with other particulars lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledge to be just and legall by my voluntary payment of it , of purpose to maintaine an army to justify and make good all this , by the meer power of the sword , which they can no wayes justify and defend by the laws of god or the realm , before any tribunall of god or men when legally arraigned as they shall one day be . neither of which i can or dare acknowledge without incurring the guilt of most detestable perjury , and highest treason , against , king kingdom , parliament , laws and liberties of the people : and therefore cannot yeeld to this assessement . thirdly . the principall ends and uses proposed in the pretended act and warrants thereupon for payment of this tax are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discusse . the first is , the maintenance and continuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readinesse , gratitude and due respect acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutiful and constant to their first engagements and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their monstrous defections and dangerous apostacy from their primitive obedience , faithfulnesse and engagements in disobeying the commands and levying open warre against both houses of parliament , keeping an horrid force upon them at their very doors , seising , imprisoning , secluding , abusing and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and disinheriting his posterity , usurping the regal , parliamental , magistratical and ecclesiastical power of the kingdom to their generall councel of officers of the army , as the supreme swaying authority of the kingdom , and attempting to alter and subvert the ancient government , parliaments , laws and customs of our realm : and upon serious consideration of the ordinary unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times . that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdome : that our very lives are at their mercy and courtesie . that when they have gotten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will selfe upon our lands as their own , and turn us and our families out of doors . that there is now no law in england ( nor never was if we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law nor prudence assent , much lesse contribute in the least degree , for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custody by the meer power of the sword without bringing them to tryall ) would be not onely absurd , unreasonable , and a tacite justification of this their horrid violence and breach of priviledge , but monstrous , unnaturall , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for its common good , as is cleer by the stat. of . e. . c . and cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the kingdom is generally exhausted with the late years wars , plunders and heavie taxes ; there being more moneys levied on it by both sides , during these eight last years , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattel , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might add the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . this heavie contribution to support the army , destroys all trade , by fore-stalling and engrossing most of the moneys of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhansing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates and the publick treasure of the kingdom , when as their imployment in their trades and callings , might much advance trading , and enrich the kingdom . . there is now no visible enemy in the field or garisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steal , rob , murther , quarrel , fight with , impeach and shoot one another to death as traytors , rebels and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists do , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons , and foot , and had an establishment only of about forty five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their o ordinances of febr. . . and april . . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . . the militia of every county ( for which there was so great contest in parliament with the late king ) and these persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far better guard to secure the kingdom against forraign invasions or domestick insurrections , then a mercinary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this army , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . if they be reall members who make this objection , elected by the counties , cities and burroughs for which they serve , and deriving their parliamental authority onely from the people ( the only new fountain of all power and authority , as themselves now dogmatize ) then they are but the servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters the people , to revoke their authority and trusts , and no longer to trust those with their purses , liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercinary , indigent soudiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys only they professe themselves , and who have greatest interest both in them and the kingdoms weal , and those who must pay these mercinaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws and priviledges safeguard , which they have so oft invaded ; professing now that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest . and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth , and absolute domination only of those who have exalted themselves for the present above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in ireland , for which there was onely twenty thousand pounds a month formerly allowed , now mounted unto thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of . e. . c. . e. . cap. . . . e. . c. . . e. . c. . . h. . cap. . cooks institutes p. . and the protestations of all the commons of england in the parliaments of h. . nu . . and . h. . n. . that no freeman of england ought to be compelled to go in person , or to finde souldiers , arms , conduct-money , wages , or pay any tax for or towards the maintenance of any forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the war in ireland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . . most of the ancient forces in ireland ( as the brittish army , scots , and inchiqueen's ) towards whose support the twenty thousand pounds a month was designed , have been ever since declared rebels , traytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army and to be paid out of that establishment , there is no ground at all to augment , but decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing , and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free-quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first just and pious grounds , to preserve the protestant party there from the forces of the bloody popish irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen ro-oneal and his party of blodiest papists ; but to oppose the kings interest and title to that kingdome , and the protestant remaining party there adhering to and proclaiming , acknowledging him for their soveraign ; least his gaining of ireland should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyall subject who hath taken the oaths of supremacy , allegiance , and covenant can voluntarily pay any contribution to deprive the king of his hereditary right & undoubted title to the kingdoms and crowns of england & ireland and alter the frame of the ancient government & parliaments of our kingdoms p remonstrated so often against by both houses , and adjudged high treason in canterburies and strafffords cases , for which they were beheaded and by themselves in the kings own case , whom they decolled likewise ) without incurring the guilt of perjury and danger of high treason , to the losse of his life and estate , by the very laws and statuts ) yet inforce , transcends my understanding to conceive : vvherfore i neither can nor dare in conscience , law or prudence submit to this contribution . fourthly . the coercive power and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doores , chests , &c. to distrain ; which is against magna charta . cap. . the petition of right ; the votes of both houses in the case of ship-mony , r. . c. . and the resolution of our judges and law-books . . ed. . . . e. . . cook . . report . f. . . semaines case , & . inst. p. , . secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta ; the petition of right , the resolution of both houses in the parliament of caroli in the case of loanes ; and caroli , in the case of ship-mony , the judgment of our judges and law-books collected by sir edward cook in his insti. p. . &c. and the statu. of h. . rot. par. n. . unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the cases of the earl of strafford , and a levying of war within the statute of . ed. . by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief . the committee of indempnity will stay his legall proceedings , award cost against him ; and commit him a new till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges created by them , dare not bayle but remaund him against law . an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel-table , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , most invasive on our laws and liberties , that ever was . fifthly , the time of opposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegallly to be levied , be the first fruits of our first years freedom , and redemption from thraldom , how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loynes , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow-commoners secured or secluded by their connivance or confederacy with an undutiful army . vvhich if submitted to , and not opposed as illegall , any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and commons that once sate with them , being incouraged thereto by such an unopposed precedent . vvhich being of so dangerous consequence and example to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavie taxes of this kinde , when this expires ( which we must expect , when all the kings , bishops , deans and chapters lands are sold and spent ) if we patiently submit to this leading decoy ; since q bonus actus inducit consuetudinem , as our ancestors resolved , anno . in the case of an universall tax , demanded by the pope ; whereupon they all unanimously opposed it at first ; r opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medicina paratur cum mala per longas invaluere moras , being the safest rule of state-physick we can follow in such new desperate diseases which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship money , tonnage , poundage , knighthood , and the like late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these vvorthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortall honour , and high esteem both in country and parliament , who applauded them as the principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegall dangerous contribution imposed on us by a few fellow-subjects only , without , yea against all law or precedent to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegall projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november . . and by the imposers of it , amounting to a sixt part , if not a moiety of most mens esta●es , is a deep engagement for me to oppose it ; since taxes , as well as s fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many will be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliaments of & edward the third we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed statutes of henr. . c. . mariae c. . to omit others , we find subsidies mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty and inability to pay them . yea , somtimes we read of something granted them by the king , by way of aide , to help pay their subsidies , as in . e. . rastal , tax . & e. . c. . and for a direct president in point : when t peter rubie the pope's legat in the year . exacted an excessive unusuall tax from the english clergie ; the whole clergy of berk-shire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusall , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to finde them daily food , both in regard of their smalnesse , and of the present dearth of corne ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ovght not to be compelled to any svch contribvtion : which many of our clergy may now likewise plead most truly , whose livings are small , and their tythes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eightly , the principall inducement to bring on the payment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to u former engagements . against which i have these just exceptions . . that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully x fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning y purveyers , which prohibit the taking of any mens goods or provisions against their wills , or paiment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , . caroli . condemned by the commons house in their z declaration of the state of the kingdome of the . december , , and charged as an article against king richard the second when deposed , in the parliament of h. nu . . yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , is but to impose one grievance to remove another . . there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before-hand , as now : and then none should free-quarter on them , under pain of death ; yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a necessity of it : and when any have craved allowance of it , they have found so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not to deduct them out of their contributions , which they are still put to do . this pretext therefore of taking away free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we daily paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , toustock , walcot and wedcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside what quarters in other parishes of the hundred sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them : but on the and of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but professing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to ireland further from it to oppresse the country , put bathwick , langridge , witty , batheaston , eutherin and ford to l. s. and swainswicke , where i live , to about l. expences for three dayes freequarter ( by colour of the generals order dated the first of may ) being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs ; and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse me . in pursuance whereof some thirty of them coming to my house , shouting and hollowing in a rude manner on may , when their billet was but for twenty , not shewing any authority , but only a ticket , [ mr. prynne — ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor alehouse ; and free quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar door , and took the key from my servant , ransacked some of my chambers under pretext to search for arms , taking away my servants clothes , shirts , stockings , bands , cuffs , handkerchiefs , and picking the money out of one of their pockets ; hollowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strong beer against the ground , abused my maid-servants , throwing beef & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took from their eggs and young ones , veal and mutton being not good enough for them : they continued drinking and roaring before , at , and after supper , till most of them were mad-drunk , and some of them dead-drunk under the table . then they must have beds provided for them ( for they would lie but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her chamber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for fear of their violence ( being all drunk ) to give them eighteen pence a piece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entered the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workmen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and divels , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their muskets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves ; and not finding them till the next morning , i acquainted the captain then , ( as i had done the first night by letter ) with all these unsufferable outrages of his souldiers ( contrary to the generals orders to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement , which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance ; but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what moneys they could from the country by their violence and disorders . now , for me or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquerours , and take free quarter on us , amounting to at least a full yeares contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgement and conscience , that i would rather give all away to suppress , discard them , or cast it into the fire then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdome ; who every where complain of the like insolences ; and of taking free quarter since the of june , as above two hundred of colonel coxe his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free quarter , contrary to the new act for abolishing it . lastly this pretended act implies , that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter : and what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undoe them by exposing them to free-quarter , which themselves condemne as the heighst pest and oppression ; let all sober men consider ; and what reason i and others have to oppose such a dangerous destructive president in its first appearing to the world . ninethly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and fafety of our ancient and first christian kingdom of england , its parliaments , laws , liberties , and religion , as at first , but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of jacobi . ch. . resolves ) and to levy war against him to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new republick , the oppressions and greivances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away of the lives of the late king , peers , and other subjects against the fundamental laws of the land , creating new monstrous treasons never heard off in the world before , and the like ) but cannot yet enjoy or discern the least ease or advantage by it ; to overthrow the ancient constitution of the parliaments of england , consisting of king , lords , and commons , and the rights , and priviledges thereof . to alter the fundamental laws , seales , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our lawes , oathes , covenant , protestation , a publick remonstrances and engagements to the kingdom and forraign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm , ( as sir edward cook in his institutes ch. . and mr. st. john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many presidents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traytors by judgement of parliament , and some of these now sitting , but for some of those treasons , upon obscurer evidences of guilt , then are now visible in others : ) i cannot , without incurring the crime and guilt of these general high treasons , and the eternal , if not temporal punishments incident thereunto , if i should voluntarily contribute so much as one peny or farthing , towards such treasonable and disloyal ends as these , against my conscience , law , loyalty , duty , and all my oathes and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and disadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , establishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloudy uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king , the dis-inheriting of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . and i trust god and men will in due season doe me justice , and award me recompence for all the injuries in this kinde , and any sufferings for my countries liberties . how-ever , fall back , fall edge , i would ten thousand times rather lose life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remant of a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegall taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non-obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june . . psal. . , . i have not sate with vain persons , neither will i go with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postscript . since the drawing up of the precedent reasons , i have met with a printed pamphlet intituled , an epistle written the th day of june , by lieutenant colonel iohn lilburn , to master william lenthall speaker to the remainder of those few knights , citizens and burgesses that col. thom. pride at his late purge thought convenient to leave sitting at westminster ( as most fit for his and his masters designs to serve their ambitious & tyrannical ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king of the seventh of march , , pag. . calls them ) and by force of armes to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery &c. who ( and in truth no otherwise ) pretendenly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. . they say ) they are ; although they are never able to produce one bit of a law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them , authorized thomas pride , with his regiment of souldiers to choose them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament ; but col. prides and his associats , whose really it is : who although they have beheaded the king for a tyrant , yet walk oppressingest steps , if not worst and higher . in this epistle this late great champion of the house of commons and sitting junctoes supremacy both before and since the kings beheading , ( who with his brother a overton and their confederates , first cryed them up as , and gave them the title of , the supream authority of the nation : the only supream judicatory of the land : the only formall and legall supream power , and parliament of england , in whom alone the power of binding the whole nation by making , altering or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords and personall treatie , as he and they print and boast in this epistle and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the only earthly deities and saviours of the nation ) now positively assert and prove . first , that commissary generall ireton , colonel harison with other members of the house , and the general councel of officers in the army , did in severall meetings and debates at windsor immediately before their late march to london to purge the house , and after to whitehall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the root , and not so much as to leave a shadow of it ; yea and had done it if we ( say they ) and some of our then friends in the house , had not been the principall instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and only by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first that they are much more so after the kings death , as by their suppression of the lords house and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and penalties , secondly , that these grand saints of the army and statesmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a basenesse , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these gr●n●e●s in their assembly and arms , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus vilified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a basenesse in others for to pay it upon any terms . secondly he there affirms that d oliver crumwell by the helpe of the a●my at their first rebellion against the parliament , was no sooner put up , but like a perfideous , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and vsurpers ) became their proctor , where ever he came ; yea , and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience that the lords had as true a right to their legislative & jurisdictive power over the commons , as he had to his coat upon his back , and he would pocure a freind : viz. master nathaniel feinnes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the generall and councell of war at windsor ( about the time that the votes of no more addresses were to passe ) to make a declaration to the whole world declaring , the legal right of the lords house & their fixed resolution to maintian & uphold it ? which was sent by the generall to the lords by sir hardresse waller : and to indear himself the more unto the lords ( in whose house without all doubt he intended to have sate himself , he requited me evill for good ; and became my enemy to keep me in prison , out of which i must not stirre , unlesse i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do it : yet now they have suppressed them . whence it is most apparent . . that the general , liutenant general cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have willingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords house ; and depriving them of their legislative and jurisdictive right and power , by presuming to make acts , pass sentences , and impose taxes without them , or their assents in parliament . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberty , or have any nobility , or generosity in them . thirdly , he e there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but , a pretended parliament , a mock-parliament ; yea , and in plain english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law , or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemn , hang , or behead any man that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legall and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannicall courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principall admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england , before , at and since the late force upon the house , and its violent purgation , doe thus in print professedly disclaim them , for being any reall parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegall taxes acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein further averrs : f that the death of the king in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very houre . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long , as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to hear and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and joyn with , and who were legally to make paramount and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws ; the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor or a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it's limited time , in all its splendor of glory , without the awe of armed men , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that called , avowed , protested and declared again & again those to be none that sate at westminster the , . &c. of july . when a few of their members were scared away to the army , by a few hours tumult of a company of a few disorderly apprentices . and being no representative of the people , much less a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended , everlasting , nulled parliament , a councel of state , or star chamber and a councel of war , or rather by fairfax , cromwel , and ireton . now if their own late confederates and creatures argue thus in print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the self-same grounds ? fifthly , he there likewise affirms , g that those now sitting at westminster have perverted the ends of their trusts more then ever strafford did : . in not easing the people of , ( but encreasing ) their greivances . . in exhausting of their estates to maintain and promote pernitious designs to the peoples destruction . the king did it by a little ship-money and monopolies ; but since they began , they have raised and extorted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : . by excise , contributions . . sequestrations of lands to an infinite value . . fift parts . . twenty parts . . meal-mony . . sale of the plundered goods . . lones . . benevolences . . collections upon their fast days . . new impositions or customs upon merchandize . . guards maintained upon the charge of private men . . fifty subsidies at one time . . compositions with delinquents to an infinite value . . sale of bishops lands . . sale of dean and chapters lands : and now after the wars are done . . sale of king , queen , prince , duke , and the rest of the childrens revenues . . sale of their rich goods which cost an infinite sum . . to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and ten thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evil ; and then purchase with it publick lands at small or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits , they would never seek themselves , and yet besides all this divide all the choisest and profitablest places of the kingdom among themselves . therefore when i seriously consider , how many men in the parliament and elsewhere of their associates ( that judge themselves the only saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not onely of the people the of world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from him ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) john . . these actions and practises are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the world , thus to rob the poor in day of their great distress by excise , taxations &c. to maintain their pompe , superfluities and debauchery , when many of those from whom they take it , do perish and starve with want and hunger in the mean time , and be deaf and adamant-hearted to all their tears , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those athests or fools , that say in their hearts , there is no god . psal. . . and . . . in quite destroying the peoples essential liberties , laws and freedoms , & in leaving them no law at all ( as mr. peters their grand teacher averred lately to my face we had none ) but their meer will and pleasures ; saving fellons lawes , or martial law , where new butchers are both informers , parties , jury-men and judges , who have had their hands imbrewed in blood for above these seven years together , having served an apprentiship to killing of men for nothing but money , and so are more bloody then butchers that kil sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in shedding of blood of beasts , and thereby , through an habit of it may not be so tender of the blood of men , as the law of england , reason , and justice would have them to be . yea , do not these men by their swords , being but servants , give what lawes they please to their masters the pretended law-makers of your house now constituted by as good and legal a power , as he that robs and kills a man upon the hgih-way ? and if this be the verdict of their own complices and partizans concerning them and their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the times of famine and penury ( as the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of reason and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the h grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and i conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. seventhly , he there asserts . k that whosoever stoops to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as ever was in the world ; if not against the king , prince charles , ( heir apparent to his fathers crown and throne ) yet against the peoples majesty and soveraignty . and if this be true ▪ as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so , then all those that are executed at tiburne &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liable in time to be hanged ( and that justly ) therefore , for acting without a just and legal commission : either from trve regal or trve parliamentary power : ( except in corporations only where they proceed by ancient charters in the antient legal form ) . and if this be law and l gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs trials , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings be heading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , ate not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices , sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neithver taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithfull to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offices , moneys , salaries , sequestrations , sales of lands or goods compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , collectors , treasurers , &c. and all other officers imployed to leavy and to collect this illegal tax to support that usurped parliamentary authority and army , which have beheaded the late king , dis-inherited his undoubted heire , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects as is fully proved by sir edward cook in his . institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider , especially such commissioners who take upon them to administer a new unlawful ex officio oath to any to survey their neighbours and their own estates in every parish and return the true values thereof to them upon the new prov'd rate for the last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls invented by cardinal woolsy , much inveighed against by father latymer in his sermons , condemned by the expresse words of the petition of right providing against such oahes ; and a snare to enthrall the wealthier sort of people by discovering their estates to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much less then to conferr any authority on others to give such illegal oathes , and fine those who refuse them , the highest kinde of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be m boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any ways active in imposing or administring such oathes , and levying illegal taxes by distress or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment accompt &c. brought against them at the common law , when there wil be no committee of indemnity to protect them from such suits , but likewise by inditements of high treason , to the deserved loss of their estates , lives , and ruin of their families when there will be no parliament of purged commoners , nor army to secure , nor legal plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fears of loss of liberty , estate , or the like being no n excuse in such a case and time , as this , but an higher aggravation of their crime : the o fearful being the first in that dismall list of malefactors who shall have part in the lake which burneth with fire and brimstone , which is the second death ; even by christs own sentence . john . vers. . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . objection . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of . caroli : which ena●ts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament stil in being notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law ; that every statue ought to be expounded according to the intent of those that made it , and the mischiefs it intended only to prevent , as is resolved in . ed. . . . ed. . . . hen. . . . plowd . com. f. . and cooks . instit. p. . . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a clear unavoidable dissolution of it to all intents not provided for by this law ) but by any writ , or proclamation of the king by his regal power without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act . the king ( as the commons in their * remonstrance of the state of the kingdom . . decemb. . complain ) had dissolved all former parliaments during his raign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear and preventing of the like dissolution , prorogation or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only gronud and occasion of this law ( not any fear or thoughts of its dissolution by the kings untimely death , then not so much as imagined being before the wars or irish rebellion brake forth ) the king very healthy not ancient , and likely then to survive this parliament and many others in both houses judgment , as appears by the bil for triennial parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid remonstrance : exact collection p. . . . . compared together , where in direct terms they affirme ; the abrupt dissolution of this parliament is prevented by another bil by which it is provided it shall not be dissolved or adjourned without the consent of both h●uses : in the bil for continuance of this present parliament there seems to be some restraint of the royal power in dissolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security and the publick peace , that without it we could not have undertaken any of these great charges , but must have lest both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royal power in suspending the execution of it for this time and occasion only ; and that for the kings own security , ( not his heirs and successors ) as wel as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royal power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a natural impotency , or unnatural disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroys and takes away him and it without hopes of revival for ever . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolu●ion of this present parliament ) intimates as much , comp●red with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an act of parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or prorogued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorogued any parliament , ) but only his by proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorogued as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the death of king henry the th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealovsies and apprehensions of divers of his majesties loyal svbjects that the parliament may be adjovrned , prorogved or dissolved ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , not sprung up since ) publick grievances ( then complained off ) redressed , a firm peace betwixt the two nations of england and scotland concluded and before sufficient provisions be made for the repayment of the said monyes ( not others since ) so to be raised : all which the commons in this present parliament ass●mbled having duly considered , doe therefore humbly beseech your majesty that it may be declared and enacted &c. all which expressions , related only to his late majesty only , not his heirs and successors ; and the prnicipal scope of this act , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom ; being many yeers since accomplished , yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick greivances then complained of ( as star-chamber , high commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament with their courts and jurisdictions , and the like redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preambles pretentions for this act fully satisfied divers years before the kings beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished . and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveragin lord , with the assent of the lords & commonsin this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved unlesse it be by act of parliament to be passed for that pvrpose ; nor shall any time or times dvring the continvance thereof be prorogved or adjovrned unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unless it be by themselves ; or by their own order . and in like manner that the hovse of commons shall not at any time or times dvring this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliament then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the . of may : oft in termin●s acknowledge , together with his negative voice to bils . . that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him : as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament only of commons ( much less of a remnant of a commons house selected by colonel pride and his confederates of the army to serve their turns and vote what they prescribed ) without either king or house of peers , much less to give them any supertranscendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or assent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded or suspended from sitting or voting , which is the greater , and that by their inferiours in all kinds , a fragment of the commons house , who can pretend no coulor of jurisdiction over them , before whom they alwayes stood bare-headed like so many grand-jury-men before the judges and attended at their doores and barr to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetuall parliament , and intayl it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for trienniall parliaments made at the same time ; and on the same * day in law : but to make provision only against the untimely dissolving of this , till the things mentioned in the preamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times , during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with , the relief of his majesties army and people ; and for supply of his majesties present and urgent occasions , in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much less after the exclusion both of the king and lords house out of parliament by those now sitting , contrary to the very letter and provision of this act ; by which devise the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament to impose what taxes and lawes he pleased , without lords or commons on the people by vertue of this act , then those few commons now sitting since his tryall and death doe . . the last clause of this act : and that all and every thing or things whatsoever done or to be done ( to wit by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be vtterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly stiled , a thing done or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly void and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is clearly out of the words and intentions of this act , especially so many years after its enacting . . this present parliament and every member thereof , being specially summoned by the kings writ , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absurdity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th february , . have protested to the whole kingdom : that they are fully resolved to maintain , and shall and will uphold , preserve , and keep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the people , with all things incident thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concerning new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their fellow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated . martii , . engage themselves : to procure the well-being of those whom they serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . . they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpably broken by him almost in every part of it , very soon after his solemn consent given unto it . his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet exacted by him expresly against law ; and punishment of many good patriots , for not submitting to whatsoever be pleased to demand , though never so mvch in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a thing of that strange impiety and vnnatvralness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succeeding visible actions in ful pursuance of the same . as the kings coming in person to the house of commons to seise the five members , whether he was followed with some hundreds of unworthy debauched persons , armed with swords and pistols , and other armes ; and they attending at the doore of the house , ready to execute whatsoever their leader should command them . the oppressions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others , in all manner of oppressions and injustice ) concluding thus : vpon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childlesse parents , and millions of persons undone by him , let all the world of indifferent men judge , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? . themselves charge the king with with profuse donations of salaries and pensions to such as were found , or might be made sit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples pvrses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , ‖ commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the great charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most jvst , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the svbject being so fvlly preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all jndustry must cease ; all misery blood and confusion would fellow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . . they therein expresly promise . p. . to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power ▪ which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which their il counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by their counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictious and printed aspersions of the beheaded king ; * that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit , &c. errata . page . line . read , perusers : l. . r. argued : p. . l. . r. by : l. . for . r. . p . l. dele . by : l. . r consenting : p. . l. . for r. h. l. . r. and p. . l. . for asportatis religiosorum : the statute of sheriffs , . e. . and of the templers . e. . to mention no more : l. . dele have : p. , l. . r. swear : l. . r. e. . l. . r. sitting : l. . r. h . p. . l. . r. an. p. . l. . r. read : l . dele as ; p. . l. . for , r. . l. . r. banneret ; p. . l. . r. god : l . dele the : p. . l , , r. perjutious ; p. . l. . r. those . notes, typically marginal, from the original text notes for div a e- a see my humble remonstrance against ship-money . b see e. . cap. . cook . report . . . dyer . . e. . . . e. . . brook commission . . . c cromptons jurisdiction of courts , fol. . cook . . instit. p. . . d . ed. . . part . . dors. claus. regist. f. . . e ed. . . e. . . brook commissions . . . & officer , . dyer . . cook . report . . . e. . c. . daltons justice of peace . c. . p. . lambert p. . f . r. . n. . . h. . n. . . h. . n. . g h. . . b. . h. . . . . h. . . fortescue c. f. . dyer . brook parliament . . . cooks . institutes p. . h see the freeholders grand inquest , and my plea for the lords . i cooks . institues p. . k declaration nov. . & . . l . ed. . . . h. . . brook parlia. . . cook . instit. p. . . . . jac. ch. . m . ed. . , . . h. . . brooke customs . . object . answ. n see my plea for the lords , and levellers levelled . o collect. &c. pag. . ●● . object . ans. p see a collection p , . . , . q matt. paris , p. . r ovid . de remed. amo●is . s mag. chart. c. . . e. . c. . cook . instit. pag. . . . . t matt. paris , p. . u a collection , &c. pag. . x see cook , . report . fol. , . semans case . rep. sendels case . lambert f. . daltons justice of peace , . h. . c. y see rastal title purveyers . z an exact collection , p. a see an exact collection : and a collection of publick orders and p. . . . . . notes for div a e- a his petition and appeal and his arrow of defiance . see m. edwards gangrena , . pa. page . . fol. . pag. . . pag. . . d pag. , e pag. , , . , . f pag. . . . . . . g pag. . . . h pag. . . , . . . . . . , , . ● . . i see pag. . . k p. . . l luk. . . c. . . m exod. . . . n see . h. rot. parl. n. . o rev. . . notes for div a e- this objection must be added just before : secondly , should i voluntarily submit , &c. answ. * exact collect. p. . . ‖ . e. . parl. rot. parl. . . r. . n. . . . r . n. . . . . h . n . . . h. . n. . h. . n. . . . . h. . n. . h. . n. . . . * cook . instit. p . dyer . f. . * exact collect. p. . . . . . * brook parliament . . relation . dyer . . is not this the armies & their own late and present practise ? alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . and is it not so by you now , and transmitted unto the exchequer to be levyed ? and do not you now the same , yea , some of those very good patriots ? are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? not one quarter so grievous as the present tax imposed by you for the like purpose and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to defend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? ‖ hon. martin is accomptable to the state for above l. which the committee of accounts in two years time could never bring him to account for , and yet hath . voted him lately for moneys pretended to be disbursted : to whom and for whom query . nota. ‖ exact . collect. p. . . . * exact collect p. . . . . . . . . . . * exact collect . p. . . . . . . . . . , . &c. . . . . . &c. . . &c. a collect. & c.p. . . &c. . by andrew fraser (design'd) of kinmundie, sheriff-deput of aberdeen advertisement for collecting his maiesties revenew of inland excyse, within the sheriffdooms of kincardine, aberdeen and bamff. fraser, andrew, of kinmundie. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by andrew fraser (design'd) of kinmundie, sheriff-deput of aberdeen advertisement for collecting his maiesties revenew of inland excyse, within the sheriffdooms of kincardine, aberdeen and bamff. fraser, andrew, of kinmundie. sheet ([ ] p.) john forbes], [aberdeen : . signed and dated at end: given under my hand at aberdeen, the twenty eight day of october, years. andrew fraser. imprint from wing. reproduction of the original in the aberdeen city charter room, aberdeen. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ale -- early works to . tax collection -- england -- early works to . beer -- taxation -- england -- early works to . excise tax -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by andrew fraser ( design'd ) of kinmundie , sheriff-deput of aberdeen . advertisement for collecting his maiesties revenew of inland excyse , within the sheriffdooms of kincardine , aberdeen and bamff . whereas the high and potent ( his grace the duke of queensburry ) lord high thesaurer of scotland , by his warrant of date the tenth day of october instant , hath commissionat me to regulat and appoint the manner of collecting the in-land excyse of aile , beer , brandie and strong waters to be browen and vented after the last of this instant within the shyres of kincardine , aberdeen and bamff , and to give advertisement that no brewer presume to leave off their brewing and venting upon any pretext whatsomever : and also that i should appoint collectors and overseers , and give them reasonable allowance in each shyre or parts thereof as i shall find needfull , for taking notice of the quantities browen and vented , and in-bringing the excyse thereof to the cass-keeper , not exceeding two merks for each boll of malt browen and vented conforme to the acts of parliament thereanent , and with power to call the present collectors or tacksmen of excyse and others concerned to give a clear account of the condition and state of the current excyse , and that i send parties ( if need be ) for ordering these matters , as in the said commission at more length is expressed : in obedience to which , these are intimating to all brewers and ventners within the said shyres , that they continue their trade of brewing and venting as they will be answerable , wherein if they failie they will be punished to the outmost rigour that law will allow , and to be looked upon as disaffected and seditious persons , and imbaselers of his maiesties revenew : and to the effect they may be incouraged in their brewing , these are signifying that discreet and understanding collectors will be immediatly appointed in each presbytrie , and these collectors will receive such instructions as may be most conduceable for the orderly in-bringing of the excyse , and with most ease to , and equalitie amongst the brewers , who may in this expect as much favour and fair dealing as any others within the kingdom , and judicious persons will be appointed to hear and redress their just complaints if any be : and therefore , seeing that such equal and fair wayes will be taken for stenting and collecting the said excyse in these shyres , and that there is no impediment why the brewers may not take such competens pryces for their aile , beer , and strong waters as may answer the value of the malt , with the excyse and reasonable profit , they can pretend no just excuse for not continuing to brew and vent these liquors , which if they fail to do , it will be inquyred into , and looked upon as contempt of authority in those that give over brewing , or yet shall advyse any so to do : and further , to the effect his grace my lord high thesaurer may be truely informed of the present state of the current excyse , and the manner of collecting thereof at any time thir three years last by past ; therefore these are requyring all magistrats of burghs , all collectors or tacksmen of excyse within the said shyres , that they immediatly bring in to me subscrived lists of all brewers within their bounds , whether those that be ordinarie brewers , or those that be extraordinarie brewers at mercats , weddings , or other publick occasions , and the quota that each brewer payes weeklie , or in set , and after what manner , and to whom , whether it be to the collectors or tacksmen , or to their masters in whose land they dwell , or others appointed for that end , where the excyse is laid upon the land-rent ; and that the lists be so exact as that they may make faith thereon , and that if their books be not clear thereanent they may yet take pains thereon , by calling for lists of their respective parishes within their bounds , and all heritors and others concerned are requyred to give concurse , and that either by themselves or chamberlanes they give up the names of the brewers , and quota of their payments when ever they shall be requyred by the tacksmen and collectors thereanent , and that the whole tacksmen and collectors give account of their diligence to me at my house in aberdeen , betwixt and the twelfth day of november next as they will be answerable , or else parties will be direct for that effect . and that none pretend ignorance thir presents are furthwith to be printed , and published at the mercat cross of the head burghs of the respective shyres , and copies sent to each parish kirk thereof , direct to the conveener and reader of these parishes to be publickly read the next lords day immediatly after divine-service , and that the conveener or reader returne executions of the publications thereof to the nearest collectors of excyse , to be transmitted to me within eight dayes thereafter , as they will be answerable to authority . given under my hand at aberdeen , the twenty eight day of october , years . andrew fraser . at a meeting of the committee of arrears the eleventh day of december, . city of london (england). court of common council. committee for arrears. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at a meeting of the committee of arrears the eleventh day of december, . city of london (england). court of common council. committee for arrears. lathum, tho. sheet ([ ] p.) s.n., [london : ] imprint from wing. signed at end: tho. lathum clerk to the said committee. reproduction of the original in the british library. eng taxation -- england -- london -- early works to . great britain -- history -- civil war, - -- finance -- early works to . london (england) -- politics and government -- th century -- early works to . a r (thomason .f. [ ]). civilwar no at a meeting of the committee of arrears the eleventh day of december, . city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion at a meeting of the committee of arrears the eleventh day of december , . it is ordered by the said committee , that the ward books of the severall arrears remaining unpaid upon the severall assessements made for the maintenance of the army under the command of his excellency the lord fairfax , now in the custody of this committee , be herewith returned to the deputy and common-councell men of the respective wards ; with directions that they shall within two dayes , call all the collectors of their ward before them , and examine their rolls with the said books , and cross the same books for so much as are paid ; and returne the same books again within two daies now next ensuing to the said committee . and in the same returne they are to express . whom they conceive to be able and have not paid . . who are poore and unable to pay . . who are dead and left sufficient estates , and who are their executors , or administrators , and where they dwell . . who are removed since their assessements made , and are able , and have not paid , and where they now dwell . . such landlords as are assessed and have not paid , and their tenants removed , then to certifie the names of the new tenants . all which particulars are by them to be carefully performed , to the end , that what arrears cannot be collected , may be returned back to the respective wards to be newly assessed . tho. lathum clerk to the said committee . proclamation for bringing in the lists, and determining debates about the pole-money. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation for bringing in the lists, and determining debates about the pole-money. scotland. privy council. scotland. sovereign ( - : william and mary) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to their most excellent majesty, edinburgh : . caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh the sixth day fo september. and of our reign the sixth year . signed: gilb. eliot, cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qui mal y pense diev et mon droit proclamation for bringing in the lists , and determining debates about the pole-money . william and mary by the grace of god , king and queen of great-britain , france and ireland , defenders of the faith ; to _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjuctly and severally , specially constitute , greeting : forasmuch as , albeit by the ninth act of the fourth session of this our currant parliament , the commissioners of supply within the several shires , and magistrats of the several burghs-royal of this kingdom , are appointed and ordained to meet at the respective places , mentioned in the said act , and upon the particular days of the month of august last by-past , and take up rolls and lists of all the poleable persons within their respective bounds , containing the names , qualities and degrees of the several persons , and value of the estates belonging to them , conform to the said act. and we by our proclamation of the date the second day of the said month of august last , required and commanded the commissioners of our supply , to go diligently about the making up of the saids lists , and impowered them to condescend upon , and design an heretor above an hundred pound scots of valued rent , at least , in each paroch where no commissioner or magistrat lives , who being to designed , should proceed and make up the rolls , and state the pole-money within , the said paroch , and report the lists so made up , to the clerk of the commissioners or supply , who was to transmit the same with the lists made up by the commissioners themselves of the several parochs within which they dwell , to the office of the pole-money , kept at edinburgh , betwixt and the day appointed by the foresaid act of parliament : yet in many shires within this kingdom , the saids commissioners of supply , and magistrats of burghs , have either not at all met , or where they have met , did not nominat persons in the several parochs , to make up the rolls , and state the pole-money ; or where , persons have been nominat within the several parochs , they have been negligent , and failed in performance of what is injoyned and required of them by the foresaid act of parliament anent the pole-money , and our former proclamation following thereon : therefore we , with advice of the lords of our privy council peremptorly require and command the commissioners of supply within the several shires , and magistrats of burghs , of this our antient kingdom , to meet and make up lists and rolls of the poleable persons within the several parochs where they dwell , and to nominat and appoint one heretor , within every paroch , of an hundred pounds scots of valued rent at least , who being so designed , we hereby require and command them to make up the lists and rolls of the poleable persons within their several bounds , containing the names . qualities and degrees of the several persons , and the value of the estates belonging to them , and transmit the same to the clerks of the commissioners of supply , who are to send them to the pole-money-office at edinburgh , conform to the former proclamation made thereanent . and we with advice foresaid require and command the saids several commissioners , and particular heretors designed within each paroch by them , to attendat the paroch church within their respective bounds , upon such a day in the forenoon , as shall be intimate to them by the farmers of the pole-money , and to the inhabitants within the said paroch , at the church door thereof , upon the sunday after divine service , preceeding the said day , and there to judge and determine all debates and controversies that shall arise betwixt any of our leidges within the said paroch , and the farmers of our pole-money , or their sub-farmers or collectors , anent the said pole-money , lists thereof , qualities or degrees of the several persons within the said paroch , and value of the estates belonging to them , whose sentences therein shall be sussicient warrand and rule , according whereunto they are to collect and levy the said pole money , certifying the saids commissioners , and magistrats of burghs , who shall either fail to meet , or being met , fail to design heretors of the several parochs , for making up the saids rolls and lists , and the saids heretors being so designed , and particular commissioners within the parochs where they dwell respective , who shall not duly make up the rolls and lists ; and deliver the same to the clerk of supply , in manner foresaid , and who shall not punctually attend at the respective paroch churches , to judge and determine in the cases above-exprest , upon intimation given , in manner above-mentioned : our letters of horning shall be directed against them , and each of them , at the instance of any of the farmers of the pole-money , their sub-tacktmen , or collectors charging them thereto , under the pain of five pounds scots , toties quoties , to be payed to the charger and we hereby require the clerks of our privy council , to grant to them the foresaid letters of horning in common form to that effect . and for the more easie stating the said pole-money , and uplisting thereof , we with advice of our privy council , and conform to the power granted to them by the foresaid act of parliament , hereby require and command all heretors , or at least their tutors , factors and chamberlains , to give in to the said respective commissioner , or heretor designed for the paroch in which they dwell , within the time contained in the said act of parliament , the number and names of all tennents who have taken lands or houses immediatly of the heretors and proprietars , and all tennents in lands or houses to give in , in manner foresaid , the number and names of their sub-tennents and cottars , under the pain of twelve shilling scots for each tutor , factor or chamberlain , and six shilling scots for each tennent sailing in the premisss , to be applyed to the use of our saids farmers , their sub-tacksmen or collectors , by and attour the said pole-money , wherein they are respective lyable . our will is herefore , and we charge you strictly and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and the remanent mercat-crosses of the head-burghs of the several shires within this kingdom , and there in our name and authority , by open praclamation , make intimation of the premsses , that none pretend ignorance . given under our signet at edinburgh the sixth day of september . and of our reign the sixth year . per actum dominorum secreti concilii . gilb . eliot , cls. sti. concilii . god save king william and queen mary . edinburgh , printed by the heirs and succssors of andrew anderson , printer theie most excellent majesty , . die mercurij . decemb. . an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, proceedings. - - england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurij . decemb. . an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, proceedings. - - england and wales. parliament. sheet ([ ] p.) printed for robert dunscomb, london : decemb. . . all persons appointed assessors and collectors under the ordinance of nov. are to proceed at once to execute it. if the assessors assess any man beyond one-twentieth of his estate he may appeal within six days after having paid one half of his assessment.--steele. steele notation: . of the. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- early works to . broadsides -- england -- london - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurij , decemb. . an ordinance , made by the lords and commons in parliament assembled , for the better and more speedy execution , of the late ordinance of the . of november , . whereas according to an ordinance and declaration of the lords and commons assembled in parliament , of the . of november last , the persons whose names are subscribed are appointed and since approved of , by both houses of parliament , to be assessors and collectors of it is now ordered by the lords and commons assembled in parliament . and the said persons , are hereby required and authorized , upon the receipt of this order , forthwith to proceed , effectually and diligently , to execute the said ordinance , according to the tenor thereof , in every behalfe , without omission , favour , dread , malice , or any other thing , to be attempted , by them , or any of them , to the contrary thereof : and for that end ; it is further ordained and declared : that the said assessors , shall hereby have authority to call before them , as well such persons , as they shall thinke fit to their assistance : as also , all or any such persons , as are to be assessed . and the said assessors shall appoint the said collectors , in their severall divisions and precincts , for gathering the sums that shall be assessed ; and give notice of the summe and summes of money , at which every person , in their divisions and precincts shall be particularly assessed . and whereas it is expressed , in the said ordinance , ( so as the assessement exceed not the twentieth ●art of the estates of the persons to be assessed ) it is hereby declared , for prevention of all inequality in the said assessement : that if the said assessors , or any foure of them , proceeding in their assessement according to their judgements , and best information , shall assesse any person , above the twentieth part of his estate ; and that the person so assessed , doth find himselfe grieved , with the same assessing or rating : that then the party so assessed , ( paying one moiety of the summe he shall be assessed at , within sixe dayes next after assessement , and notice thereof given , or left , at the dwelling house of the party so assessed ) may , ( during sixe daies , after his having paid the said moiety , as aforesaid ) have liberty , and may addresse himselfe for remedy and reliefe , unto the persons nominated by the said ordinance , to nominate the assessors , or any foure of them , and may tender his voluntary oath , or protestation , to such persons , that he is over-rated , and of the true value of his estate ( if he please ) and after due examination , and perfect knowledge thereof had , and perceived ; the said persons authorized to nominate assessors as aforesaid , or any foure of them , shall hereby have power to order such abatement of the said assessement , according as shall appeare unto them just , and equall upon the same examination . and it is hereby further ordained and declared , that the person so assessed and sworne , shall within three dayes next after the order of abatement , in that behalfe made , pay unto , or be repaid by the treasurers who received the other moiety of such assessement , such summe or summes of money , as by the said order of abatement shall be appointed : and in case the said person , so sworne and assessed , shall not pay within the said three dayes , next after order of abatement made , the summe thereby ordered to be paid ; that then the same summe , shall be recovered by distresse , or otherwise , as is provided in the said ordinance of the . of november last , ( in case the summes assessed shall not be paid into the guild-hall , london , according to the true meaning of the same ) and if it be proved by witnesses , or by the parties owne confession , or other lawfull wayes or meanes , within sixe monethes after any such oath made , that the same person so rated , and sworne , was of any better or greater estate , in lands , goods , or other things above specified , at the time of the making the said ordinance , then the said person so sworne , did declare upon his oath . that then every person so offending , shall lose and forfeit , so much lawfull money of england , as he the same person so sworne , was first assessed at , or taxed to pay , by vertue of the ordinance aforesaid : to be recovered , by distresse , or otherwise , as is provided , in the said ordinance of the . of november last , ( in case the summes of money to be assessed by vertue of the said ordinance shall not be paid into the guild-hall london , according to the true meaning of the same ) and it is hereby further ordained and declared , that the said assessors and collectors shall incurre no damage by reason of their over-valuing the estate of any person assessed , or to be assessed , or recovering or receiving the same , by vertue of the ordinance aforesaid , unlesse some corruption or indirect carriage therein , shall be proved in parliament against them . die veneris , decemb. . . ordered by the lords and commons assembled in parliament that this ordinance be forthwith printed and published . jo. browne cler. parliamentorum . london printed for robert dunscomb . decemb. . . to the honnorable the commons of the realme of england, assembled in parliament explanation. concerning certaine expedients by vvhich the state of england may reape notable advantage. baltazar gerbier knight. gerbier, balthazar, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honnorable the commons of the realme of england, assembled in parliament explanation. concerning certaine expedients by vvhich the state of england may reape notable advantage. baltazar gerbier knight. gerbier, balthazar, sir, ?- . [ ] p. s.n.], [london? : m.dc.xlvi. [ ] place of publication conjectured by the cataloguer. signatures: a c² . reproduction of the original in the bodleian library, oxford. eng great britain. -- parliament -- history -- early works to . money supply -- great britain -- early works to . taxation -- england -- early works to . a r (wing g ). civilwar no to the honnorable the commons of the realme of england, assembled in parliament. explanation. concerning certaine expedients by vvhich the s gerbier, balthazar, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honnorable the commons of the realme of england , assembled in parliament . explanation . concerning certaine expedients by vvhich the state of england may reape notable advantage . baltazar gerbier knight . m. dc . xlvi . to the honnorable the commons of the realme of england assembled in parliament . explanation . concerning certaine expedients by vvhich the state of england may reape notable advantages . humbly shevveth that the state may get a present stocke of tvvo hvndred thovsand povnds , and a yearly constant revenevv of three hvndred thovsand povnds , and procure to the people notable advantages and suerty in estate , vocation , trafic and credit ; by the speedy erecting of a protocoll office , benches of loane , benche of payment , and public saile offices , &c. at the example of others , vvhere they have beene erected vvith generall applause . the first , ( vvhich is the protocoll office ) vvas first thought on in the first yeare of the raigne of king henry the iv. of france , first put in practise in picardie and vermandois ; vvhere unconsionnable persons had accustomed themselves to conceale morgages , transactions , douaries , and other acts ; vvhich by all purchassers vvere deceived in their bargaines , many good famillies and peaceable persons put to great vexations , long and chargeable processes , vvhich did often prove the undoing of honourable and honest famillies , vviddovvs and orphans besides other mischievous accidents . the generall states of the united provinces did at that good example establish the said office in their iuridictions , and did erect the same in the most sure , regular , compleat method , as the time than did permit ; did since by the continuance of able states men , reduce the same in the best and readiest forme as could be thought on ; and so sure for all true proprietaries and purchassers , as it proved an impossibility for any unconssionable persons to use any deceat in their morgages , transactions , douaries , saile or gifts , as they vvere vvont to do , by concealing ( as aforesaid ) their deeds , and by passing them in severall places , and by unknovvn persons ; nor vvas it since possible for parties to be overtaken by any error , nor by shortnesse of time , for that the truth of all proprietaries rights and estates in possessions of lands and houses vvas knovvn at an instant , vvithout their cost ; yet vvith their consent , othervvayes not : for that no persons are permitted to vievv the records , but vvith a ticket subscribed by the proprietary , vvhich he gives to the party that is minded to purchasse ( or to put forth his money on a morgage ) only to vievv the records , vvhen he is fully agreed on conditions vvith the said party . the purchasser ( as said ) being himselfe the discoverer of the state of the case , vvith ease and safety freeth himselfe of all disputes , quarels , and processes : vvhich discovery is vvith the least discredit possible to proprietaries ; vvhen it vvas othervvayes by the recours had to common roules ; besides that all acts vvere but confusedly ( as in a cahos ) put into the said common roules , vvhich is to serve only as for a iournall . the records of this protocoll office ( vvhich is a particular record ) are in number ansvverable to the parishes in the city and tovvn vvherein the office is erected . the records are great books of the largest paper , consisting of leafes and no more , to shune confusion ; every leafe bearing in cheefe the name of the proprietary of lands and houses , in such order as the houses stand in the city or tovvn . the leafe bearing the right vallidity , vvorth of the pocession , and any morgages thereon , dovvaries , gifts or any act soever . the enroulment is immediatly after the signing and sealing of deeds ; and after the entring of such acts in the common roules . if any propietary , heire , or purchasser obmits the enroullements of his succession , gift , saile , transport , morgage ( or any other ) his right is voyde , and forfaited to the state . this publicke security is a bate to all purchassers , and to all persons desirous to put forth a stock of mony , and to secure them against all frauds and incombrances . the records are kept in a secure place from fier , and others accidents . their keepers are payed by yearly stipends , proportionnable to the number of books in their managing . the record keepers are under the generall diteory of an eminent officer of the state . at the first erection of the said protocoll office , all men vvere bound to proceed to the enroulement of acts , vvithin the first six vveeks thereof : vvhich braught in a present great stock of mony , proceeding from the rights of enroulments . the keepers of the records are accountable ( of the rights received for the enroulments of acts ) to their generall director . the said rights for all records of deeds , successions in dessendent assendent or colaterall line , gifts , saile , morgage , or any condition soever are payed by both parties . the general director is accountable to the state of the rights received for the said enroullements . the rights are in holland tvvo and halfe per cent . it is humbly conceived that as the said office of particular protocol or record , vvould prove of as great benefit to the subjects , of the state of england , as it doth to the subjects of other states , that it vvould be of particular use to the state for a porportionnable equallity in the assessements of svbsidies and fifthiens . that the rights of enroulments ( though the state should put them but at one per cent payed betvveen the tvvo parties ) vvould produce a vaste stock of money to the state , and a perpetuall constant revenevv ; by reason of the often change of proprietaries , and enroullements of acts ; at least often change of proprietaries , of houses , and the continuall acts for morgages . vvhich present stock and yearly revenevv as it vvould accrevv from those that are able , so vvith the more applause , that as aforesaid proprietaries and purchassers are secured in their rights and purchasses ; and are thereby freed of all such cost and incombrances as they othervvayes are subject unto . it is likevvise humbly conceived , that the state can augment that stock and yearely revenevv to a large proportion by erecting throughout the kingdome ( for the great benefit of the subject ) benches of loane , pvblic saile offices , and a bench of payment : vvhich is demonstrated first , by benches of loane , as follovveth , viz. the erecting of benches of loane begun some tvvo hundred yeares and above in the kingdom of naples , and throughout all itally ; and at their example vvere established in other parts of most trafic , to serve for releefe of all negosiants , tradsmen and all needy persons , of vvhat quality and condition soever : and to free them ( and all vvell gouverned states ) of the most pernicious practice of ievvish benches of loane , aftervvards disguised by the name of lombards , vvhich prouved to be as cancors in any common-vveal●h for that they did extort of the needy ( by a redoublement of interest upon interest ) first , three score & above in the hundred , for the bare loane ; and over and above intollerable fees , for enroulment , and releasement of goods ; vvhich in conclusion raised to such a hight , as that proprietaries did find themselves at last deprived of their maine stock : besides that for the most part for vvant of timly releassement , they lost their goods on pretence of forfaiture ; and no such thing in practise ( as in the benches of loane ) to restore to the ovvners of the goods any surplus made of the goods vvhen sold . it being likevvise found that those ievvish-lombards , did export all the vvealth they had gotten during the many yeares they had practised their unconssionnable and most pernicious vsury . it mouved good and vvise stats-men to forbid the practise of lombards , and to banish the lombard-keepers for ever : yet that the publick might be supplied , they settled in their place such benches of loane as could stand vvith conscience , and could bee maintained by the undertakers : allovved them to take the ordinary use according to statute , and for satisfying the charges ; as for house rent , store-roomes , stipends of officiers , and all necessaries belonging to the said benches . this establishement being found most iust and fit , vvas recommended to the perpetuall survey , and protection , of tvvo eminent persons of church , and state , and hath continued so ever since , vvithout any interruption , nor any fault found in the administration . like benches of loane have been establisht throughout all the land of liege , and the iuridictions of the prince elector of collen , in lorraine , brabant , flandres , arthois , haynault , and throughout all the iuridictions of the generall states of the vnited provinces . king henry the iv of france , and his son king louys the xiii , ( on remonstrances of horridde abuses committed in that kingdome by ievvish brokers and lombards ) have often denounced their pleasure by proclamations for the utter abolishing of that pernicious practice , and instead of it to have benches of loane establisht : yet could not their iust and pious intention take effect , though their edicts have beene enacted in the parliament of paris , and the chamber of edict : so povverfull the leagues and combinations of broakers hath hetherto prouved against that course ; only the establishment of a bench of loane hath overcome in favour of all marchants of vvines , and fish , vvhereby the ovvners receive ready mony from the said benches of loane , and so are at an instant dispatcht , and provided vvith mony to further their affaires . vvhich hath been the maine scope in all states , by the erecting of benches of loane , producing in all parts the readiest and the most easiest releefe to all needy persons . so the generall strengtning , and increase of trading , and a maine remeddy to prevent the suddaine breaking of many good and honnest marchants ; vvhich hath beene found of forceable experience in the iuridiction of the generall states of the vnited provinces , vvhere there is not a city nor tovvne , but is provided vvith a bench of loane ; so are all market-tovvnes , and sea ports of traffic , vvhere all marchants and tradsmen are on a suddaine releeued vvith money on all such commodities as they are desirous to have ready money upon , or such commodities as for a time vvill not vvell yeld their price ( vvhen by the not putting them off they vvould remaine unprovided of such monyes as they need to satisfie creditors and bils of exchange vvhich are dravven on them , and vvhich othervvayes vvould constraine them to breake , though , they have their store-houses and shops vvell stored . ) the husband-man is likevvise by the said benches enabled to keepe his plovvgh , and to pay his land-lord , vvhen othervvayes for vvant of saile of a full quantity of his graines ( on fit and ordinary market dayes ) he is often constreined to sell his cattell , and to let the plovving and mannuring of his land cease ; vvhich to prevent as vvell as other inconveniencies incident to the inhabitants of great cities , tovvns , and sea-ports , the magistrats have been so carefull off , as that they have taken to their particullar taske , the administration of divers of the said benches ; as at amsterdam , rotterdam , middelbourgh , flishing , and at other sea-ports ; and put the benches of the other tovvnes , and market-tovvns , to men confided by the state , to vvhich the said men are accountable , for they take all such bench●s in farme . and as the state cannot be defrauded of its rights ( the administration of the said benches being ( as said ) put in the hands of honest able men so the state puts to profit in those benches of loane ( kept by the magistrat ) all such stock of money , as the state thinkes fit to employ . and thus , as the state of england can ( on the true experience of the generall good vvhich the said establishment of benches of loane doth produce in other parts ) procure to the subjects like advantages , and enable them the more to contribute to the public occasions of the state , ) strenckten trading in all parts of the realme , and invite all forrainers to come to the sea-ports vvith their marchandise ( since by the ready course of a benche of loane , the said forrainers may be soone dispatch , and speedily provide themselves vvith such commodities as the port and countrey doth afford ) so the said state ( being disposed to put a stock to the erecting , establishing , and administring of benches of loane in the mayne cities , and ports of the kingdome , ) vvill make an incredible great gaine , and in a most iust and laudable course . and it is thus understood , that the state vvill raise ( vvithout any presure of the subject ) to a great and ample proportion that stock , vvhich vvill accrevv from the rights of a protocoll office , vvhich is the first expedient before mentionned . and if the state should thincke fit to employ to the keeping of benches of loane part of the stock , vvhich vvill accrevv from a benche of payment , and likvvise of that of the rights of pvblick saille offices : the state vvill find ( as it is humbly conceived ) great facility therein , and that the making use of a stock , vvhich the benche of payment vvill produce is grounded on equity ; and vvithout any presure at all to the subject , vvhich is demonstrated , first concerning a benche of payment , as follovveth , viz. a benche of payment is kept by the magistrats of tovvns ( as so it is requisite for the publick security ) at the example of the benches of payment in itally and in the nederland provinces under the state generall ; it 's the public cash of all negotiants , vvho ( to free themselves of the continuall receite , and payment of monyes , vvhich takes so much of their time as proves too prejudiciall in their affaires ) keepe in banco ( as they call it ) a constant stock , vvithout any charge or cost to them , thereon to make their assignations , and to raise their credit by a public fame , of the considerable stock by them kept therein . experience manifests , that in the said bench ( vvhich is the receptacle of a great tresor , ) remaines continually a vaste ussesse stock of monny ; of vvhich the aministrators of the bench do ( vvithout any difficulty ) put to gaine a great part , and that they can do it vvithout difficulty , experience hath manifested the same divers times , that though they put forth great part of that stock vvhich layeth uslesse in the cash-yet doth the said cash remaine so vvell provided , as that the negotiants are readdily served , vvhen they call for their monny : this hath often been made apparent , vvhen negotiants had been mis-informed by ill grounded brutes ( raised by malicious and ignorant persons ) concerning the point of trust , in the administrators of the bench , that they resolved to put it to a triall , by dravving at one time ●may thousands of pouns out of the bench . for instance that in iully , negotiants did dravv in one day out of the bench of amsterdam , foure hundred thousand pound sterlingh , and that they vvere immediatly after as prompt to redouble their stock in the said bench , being confirmed that they might repose on its infalibility ; of vvhich they had no more cause to doubt than on the first day of its erection , vvhich vvas at the example of other like benches , vvho never failled . and so it is certain that a great gaine is made by putting as said to profitable use , part of that great stock vvhich lyeth ussesse therein : vvhich vvill ( as is humbly conceived ) prouve so vvith a benche of payment in london , in case the present time prouves not absolutly contrary to its erection ; vvhich must have its fondation on a generall disposition in all negotiants to a vigourous trading , and to embrace all vvhat may be advantagious unto them . vvhich consideration ( though in season ) could not oblige the proponant to passe in silence the use vvhich the state may make by the erecting of a benche of payment , since it is likvvise fit to be annext to the aforesaid establishment , tending to the maine releefe and advantage of the subject , and vvherein the interest of the state is likevvise concerned , as it is humbly conceived to bee interessed in the erecting of a pvblick saille office , on the grounds and methode follovving , viz. the great abuses vvhich have been in public out-cryes and saile of goods ; in divers places ( sold by officers in combination vvith brokers ) vvho devide the profits of goods sold at under rattes , vvhen distresse constrained the proprietaries to part from them at such price as those officers and brokers vvould put on the said goods , provved such an intollerable grievance to the need , ( vvhen their goods so sould , the monny made thereof , the charge deducted , did but serve to satisfie their creditors in part , and the sergeants , vvhen not a bed left to the poore distressed to lay on . ) that it mouved good states men to thinke on a course to free the needy from the said grievance , and to remouve from the parish corners the pittyfull and lamentable spectacle of goods sould by distresse . the course they chouse vvas as follovving , viz. they made choise of trusty able men , to make masters of publick outcry offices , in every city and tovvn , and appointed fit houses , to serve for the publick saile of mouvables : did order that the said masters of saile office should afford to all buyars months-time for the payment of such sommes of monny for the mouvables baught at the said out-cry ; that the buyar might prouve a more liberall chapman ; and that consequently the goods might bee sould at the best rate , to the benefit of the ovvner . ordered the said master to advance to the party , vvhole goods vvere sould , all such sommes as they had yeelded in their said saile ; and that he should make it his vvork ( for a set consideration ) to get his rembourssement , vvhich hath proved a great advantage and releefe to all needy persons , and furtherance for the cleering and settling the estates of all mortuary houses , heyres , and executors . the states generall of the nederland provinces have on the said saile office the tvventieth penny , and do allovv to the master of the office the like proportion , for vvhich the needy are releeved , and become gainers , since othervvays their goods vvould be sold for halfe their vallue ; by reason of the combination of brokers , and that except the terme of months be allotted to the buyars of goods they are not mouved to offer freely for them . out of this said office the state ( as aforesaid ) vvill increase its revenevv , and by imploying likevvise part of vvhat it may render to the stock for the benches of loane ; it vvill augment its revenevv to the proportion as aforesaid . considered first , vvhat the protocoll office vvill render throughout the vvhole kingdome , both in ready monny and yearely revenevv , though the state should direct but one per cent , to be received for the rights of enroulements , vvhich should be but the halfe of the rights taken by the generall states of the vnited provinces . secondly , vvhat the use of monny put into the benches of loane throughout the vvhole kingdome vvould come unto , the use being no more than according unto statute , as before said . thirdly , vvhat the tvventieth penny of all pvblick saille offices throughout the kingdome vvould yeld . fourthtly , vvhat the stock , vvhich should bee put to profit of that vvhich vvill lay uslesse in a benche of payment vvill produce . vvhich ( as it is humbly conceived ) vvill not be said of the nature of taxations , lesse to prove pressures to the subject , since ( as before said ) they produce notable advantages , as first , viz. the protocoll office secures all proprietaries , freeth them of charges , of processes , disputes , quarrels and incombrances . the bench of loane ; releefes all needy persons ( vvhereof the most poorest are to a certaine some to be assisted gratis ) strencktneth and increaseth trade , and extripated all intollerable vsury . the benche of payment accommodates all negotiants . the pvblic saile office releefes and fits all needy persons that are constrained to sell their goods . on all vvhich the state vvill receive ( vvhen pleased to command ) all such further satisfaction as may be requisite , besides the service , dutifull attendance an application of those that are verst in the said expedients . notes, typically marginal, from the original text notes for div a e- h●vv t● first sto● money acrevvs t● the stat● a proto● office . rights enroul●●ments . cōcerni● assessem● of subsi● and fift● hovv the revenev● the state vvould b● raised by protoco● office . revene● acrevvin● from the● that are a● and the a●vantage● they rec● tehreby . 〈◊〉 time ● ben●● of ●●nevve●e ●●blisht , 〈◊〉 the ●●nds ●●eof . bench ●ane ●yed by ●emi● mem● of the 〈◊〉 bench o● loane b● gun in france . the suddain brea●●ing of m●●chants p●●●vented . the rele●● of husba●●●men . magistra● of tovv● administrators 〈◊〉 benches 〈◊〉 loane . ●●vv the ●●te puts ●profit a 〈◊〉 of ●uney . ●erall ●antages ● bench 〈◊〉 loane . ●acerning ●ench of ●ment . ●ncerning ●aile ●ice . the benc● of the pr●●positions ● whereas the commissioners and chief governors of his majesties revenue (being the persons and officers duly authorized by themselves, substitutes, agents or servants for the receiving, collecting and answering the duty arising by hearths, firing-places, stoves and publick ovens and kilns) have desired that all our due care may be taken, that no certificates be unduly granted by the justices of the peace unto such persons who by the acts for setting the said duty on his majesty are uncapable thereof ... by the lord deputy and council, arran. ireland. lord deputy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas the commissioners and chief governors of his majesties revenue (being the persons and officers duly authorized by themselves, substitutes, agents or servants for the receiving, collecting and answering the duty arising by hearths, firing-places, stoves and publick ovens and kilns) have desired that all our due care may be taken, that no certificates be unduly granted by the justices of the peace unto such persons who by the acts for setting the said duty on his majesty are uncapable thereof ... by the lord deputy and council, arran. ireland. lord deputy. arran, richard butler, earl of, d. . [ ] leaves. printed by benjamin tooke and john crooke ... and are to be sold by mary crook and andrew crook ..., dublin : [ ] title from first lines of text. statement of responsibility transposed from head of title. imprint from colophon. "given at the council chamber in dublin the th day of january " [i.e. ]--leaf [ ] broadside in [ ] leaves. imperfect: faded, with loss of print. reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hearth-money -- ireland. taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et · mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord deputy and council . arran , whereas the commissioners and chief governors of his majesties revenue ( being the persons and officers duly authorized by themselves , substitutes , agents or servants for the receiving , collecting and answearing the duty arising by hearths ▪ firing places , stoves and publick ovens and kilns ) have desired that all due care may be taken , that no certificates be unduly granted by the iustices of the peace , unto such persons who by the acts for setling the said duty on his majesty are uncapable thereof ; and wheras in the first act for setling the said revenue , there is a proviso contained , that in case any two iustices of the peace , shall in writing under their hands , yearly certifie their beleif that the house wherein any person doth inhabit within such country wherein they are iustices of peace , is not of greater value than eight shillings per annum upon the full improved rent ; and that neither the person so inhabiting , nor any other using the same mesuage hath , useth , or occupieth any lands , or tenements of their own , or others of the yearly value of eight shillings per annum , nor hath any lands , tenements . goods or chatles , of the value of four pounds in their own possession , or in the possession of any other in trust for them , then in such case upon such certificate made to the iustices of the peace of such county , at any of their quarter sessions to be held for the same county , & allowed by them , for which certificate and allowance no fees shall be payed , the person on whose behalf such certificate is made , shall not be returned by the constables , or other persons to be assistant to them as aforesaid , and the said house is thereby for that year discharged of , and from all duties by this act imposed , any thing thereto contained to the contrary notwithstanding . which said last proviso by the additional act for the better ordering and collecting the revenue arising by hearth-mony is declared shall be construed , to extend only to such widows as shall produce such certificates as are therein mentioned , and as to all other persons whatsoever , the said clause is thereby absolutely repealed . and forasmuch as it is enacted by the said additional act , that it shall and may be lawful for the lord lieutenant , lord deputy , or other chief governor , or governors , and council of this kingdom , for the time being , from time to time , to appoint such persons , as they shall think fit , to do , execute and perform all , and every the matters and things which by the said former act , or the said last act are to be done , executed or performed by any iustice of the peace , or clerks of the peace of this kingdom , and from and after such appointment all other persons not thereby appointed shall be and are thereby discharged from doing , executeing , and performing any matter or thing relating unto the premises , any thing in the said former act , or the said last act , to the contrary notwithstanding . and whereas we have thought fit hereby to nominate , and appoint the several persons in and for the several counties herein after mentioned , being all iustices of the peace , that is to say , in and for the county of catherlagh , sr. thomas butler , baronet , sr. john devillier kt. henry barkeley , marmaduke taylor , and wm ; creiehly , esqs for the county of dublin , sr. thomas newcomen , kt. sr. robert reading , bar. sr. walter plunket , and sr. thomas wors●op , kts. dr. patrick grattan , richard forster , & robert mouldsworth , esqs for the county of kildare , robert fitzgerald , henry brenne , thomas hewetson , francis leigh , and maurice keating esqs for the county of kilkeny , richard coote esq sr. henry pansonby , bartholomew fowke , harvy mortis , george bishop and bryan manser , esqs for the kings county sr. francis blundel , and sr. laurence parsons baronets , john baldwin , samuel rowle , and richard barry , esqs for the county of longford , sr. thomas newcom●n , baronet , sr. john edgeworth , & sr. john parker kts ; wm ; kenedy , & nicholas dowdall , esqs for the county of lowth , sr. james graham , sr. wm ; tichborne and sr. thomas fortescue kt ; and nehemiah donnelan esq for the county of meath , doctor robert gorges , james stopford , arthur dillon , thomas loftus , george peppard , charles meredith and stafford lightburne esqs for the queens county , walter warenford ; thomas piggot of disert john weaver , and peryam poell , esqs for the county of westmeath , sr. henry peirce baronet , wm ; hancocke , george peyton , james liegh , robert cooke edward terrelí and edward barry esqs for the county of wexford , sr. nicholas loftus kt. patrick lambert , christian bor , and francis harvy , esqs for the country of wicklow , henry temple , roger west , robert hasse●s , phillip packenham , john stockton and humphry bagge●y , esqs for the county of clare , sr. samuel foxen , benjamin lucas , do●agh o bryan , samuel burton henry jvers , symon purdon , and henry leigh esqs for the county of corke sr. richard aldsworth and sr. boyle maynard kts ; john st. leger , redmand bary richard hull , anthony stoell , bartholomew purdon , richard travers , richard townsend , john grove , richard beer , bryan wade , wm ; supple and james manser , esqs for the county of kerry , sr. thomas crosby , baronet sr. francis brewster kt. thomas brown , richard chute , anthony raymond , edward denny , and frederick mullin ; esqs for the county of lymercik sr. wm : king , sr. george ingoldsby , and sr. samuel foxen , kts ; drury wrey and richard maguire , esqs for the county of tipperary sr. robert cole , solomon camby , charles blunt , francis legg , simon finch , nicholas southcoate , the mayor of clonmel for the time being , the mayor of cashel for the time being bartholomew fowks , john harrison , isaac walkden , thomas fullwar , charles alliock and oliver latham esqs ●or the county of waterford , beverly usher , henry nichols , andrew lynn ; , james mutlow , nicholas osborn , tho. fitzgerald , john power , leo : gorstellow ; william bradley , john dalton , tho. osborn ; wiliam hibbart and robert cooke esqs for the county of gallaway tho ; caulfeild esq sr. henry waddington sr. george s. george , and sr , john parker kt. charles holcroft , john eyre , tho. cuff and , edward eyre esqs for the county of leytrim sr. w m. gore , james king henry croston & bryan cuningham esqs for the county of mayo , sr. henry bingham , and sr. arthur gor● bar. owen vaghan . robert miller and thomas brent esqs for the county of roscomon sr. robert king bar. arthur s. george , robert sands and edmond donellan esqs for the county of sligo tho ; griffith , edward cooper , charles collis phyllip ormsby and roger smyth esqs for the county of antrym sr. robert colvill , w m leisly of prospect , richard dobb of castledobb . michael harison , hercules davys , francis stafford and robert thelwe● esqs for the county of ardmagh sr : toby poin●ze , sr. george atkinson , edward richardson and arthur bromlow esqs for the county of cavan samuel townly , humphery parrett & thomas newbury esqs for the county of donnegall sr. albert cuningham , francis cary , henry vaughan , william dutton geo. brooks john nisbet , john farwood and grey bingley esqs for the county of down sr george rawdon sr. robert ward james lesly wm. brett tho. smith & john farrar esqs for the county of fermanagh sr , gerald irwyn , sr. john hume john curry james summerwel james curry charles belfoure & lancelot lowther esqs for the county of londonderry john gage of moygillegan geo ; phillips john wilison and raphel whistler esqs for the county of monaghan , wm. barton , nicholas owens , and mathew anktill esqs for the county of tyrone john chichester and henry mervin esqs the provost of dungannon and strabane for the time being , william moore and mathew combe esqs to be the persons for granting of certificates to poor widows , according to the true purpose and intent of the said last mentioned act , which we do hereby authorize them or any two or more of them , and no other person , or persons whatsoever within the said respective counties to give accordingly , and further for the county of the city of dublin , we appoint the mayor , and recorder of the said city for the time being , sir joshua allen , and alderman enoch reader , or any two of them , for the county of the city of kilkenny the mayor , or recorder thereof for the time being , for the county of the town of drogheda the mayor , or recorder of the town of drogheda for the time being ; for the county of the city of cork , the mayor or recorder of the said city for the time being . for the county of the city of lymrick the mayor , or recorder of the said city for the time being , for the county of the city of waterford the mayor , or recorder of the said city for the time being , for the county of the town of galway , the mayor , or recorder of the said town for the time being , for the county of the town of carrickfergus the mayor or recorder of the said town for the time being , & we require all the aforesaid persons to be very circumspert & careful in the granting of these certificates which are to be allowed publickly at the quarter-sessions unto none but such as are fitly qualified and not unto women who are not widows , nor to one and the same widow for several houses , nor to widows for the houses of their sons , or their brothers , or relations though the same were heretofore done ; and we do hereby further declare that francis earl of longford , lemuel kingdon , william dickinson , william strong , and robert bridges , esqs and such other person and persons as we upon the humble suit of them , or anly three or more of them shall from time to time nominate , and appoint are and shall be the only commissioners . officers and persons whom we have , and shal be think fit to authorize and appoint to do , execute and perform all and every t●●d matters and things other then granting of such certificates which by the say● former act , or the said last act are to be done , executed and performed by a●● iustices of the peace , or clerkes of the peace of this kingdom ; and we do hereby further declare that all and every the powers in and by the said acts , or either of them given to any iustices of the peace or clerks of the peace , other than such as are herein appointed to the purposes aforesaid , shall be , and are hereby uacated ; and we do hereby strictly charge and command all and every iustice , & iustices of the peace , mayors , sheriffs , bailyffs , constables , headboroug●s clerkes of the peace and all other officers whatsoever within every county , borrough , town , or corporation , barony , parish . or place , and all other his majesties officers and ministers . and all other subjects whatsoever , that they and every of them shall from time to time or aiding and assisting to the said commissioners , and cheif governors of his majesties revenue , and to their collectors , surveyors , and other officers which are or shall be appointed by them , or any three or more of them as aforesaid , upon pain of our displ●asure , and such pains and imprisonments as by the laws and statutes of this realm can or may be inflicted upon them for their negligence , or contempt , in that behalf , as they will answear the contrary at their utmost peril . and we do hereby further publish & declare that all duties or moneys arising or growing due or payable to his maiesty by , for or upon hearths , firing-places , stoves and publick ovens and kilns upon the tenth of this instant january for the year preceding is to be accounted and paid to the commissioners and cheif governors of 〈◊〉 majesties revenue afore-named , or to such as they shall authorize thereun●● and to no other person or persons whatsoever , of which all persons concerned are to take notice , and to pay the same accordingly . given at the council chamber in dublin the th day of january . mich , armach , c. lanesborough . char. feilding : r : reynell . franc , dublin , anth , midensis , john keatinge , tho : newcomen . barrymore . vvm : kildare . h. hene . ardglase . ca. di●lon : john davys , god save the king. dublin printed by benjamin tooke , and john crooke , printers to the kings most excellent majestie , and are to be sold by mary crook , and andrew crook , at his majesties printing-house . whereas we are informed by john stepney esq., who is the only party to the earl of ranelagh ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas we are informed by john stepney esq., who is the only party to the earl of ranelagh ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) ormonde, james butler, duke of, - . broadside. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : [i.e. ] title from first lines of text. statement of responsibility transposed from head of title. "given at the council-chamber in dublin the th day of march ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax collection -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant and council . ormonde . whereas we are informed by john stepney esq who is the only party to the earl of ranelagh , and partners contract that appears here to act on the place , that several sheriffs and collectors within the respective counties of this kingdom , have received by virtue of his majesties process , divers considerable summes of money due to his majestie , and which belongeth to the said earl and partners undertaking , some of whom have accompted lately in the exchequer , but not paid in the money due from them , and others have not as yet accompted ; upon consideration whereof , we think fit by this our proclamation , to require such of the said sheriffs and collectors who have accompted , with all convenient speed , and at furthest , by the tenth day of the next term , to pay the money in their respective hands into his majesties treasury , and such of them as have not accompted , that they do before the end of the said term make up their accompts , and pay such moneys as they have , or shall by that time receive into his majesties treasury , as aforesaid , to the end , the same may be applied to the uses of the said undertaking . given at the council-chamber in dublin the th , day of march . ja : armachanus , mich : dublin cane . longford . blesinton . lanesborough . ca : dillon . char : meredith . walter plunkett . john cole . theo : jones . ja : cuff. god save the king . dublin , printed by benjamin tooke , printer to the king 's most excellent majestie ; and are to be sold by joseph wilde book : seller in castle-street . act appointing collectors of shires to receive clipped merk-pieces from the parish-collectors of the pole-money, and ordaining diligence against parish-collectors. edinburgh, january , . scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) act appointing collectors of shires to receive clipped merk-pieces from the parish-collectors of the pole-money, and ordaining diligence against parish-collectors. edinburgh, january , . scotland. privy council. sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the kings most excellent majesty, edinburgh : . caption title. signed: gilb. eliot, cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion act appointing collectors of shires to receive clipped merk-pieces from the parish-collectors of the pole-money , and ordaining diligence against parish-collectors . edinburgh , january . . the lords of his majesties privy council do hereby appoint the collectors of shires for the pole-money , to receive from the collectors of particular parishes , all such clipped old merk-pieces , and their fractions , as the parish-collectors shall deliver to them , the saids parish-collectors first giving their oaths in presence of one of the commissioners of supply within the shires where they are collectors , that they offer or deliver no other clipped merk-pieces and their fractions to the saids collectors of shires , but such as were truly received in by them the parish-collectors , in payment of the pole-money which they give in to the said collectors of shires , and that before the proclamation discharging the saids merk-pieces and their fractions was promulgat in the respective shires where the deponents lives : and the council declares , that no pole-money is to be exacted for any persons who died before the term of martinmass last , being the first term appointed for uplifting the pole-money : and the council do hereby ordain all such diligence to pass at the instance of the collectors of shires , against the collectors of particular parishes , for giving in of lists of poleable persons in their bounds , and payment of the pole-money collected by them , as is allowed to pass , and to be direct against the poleable persons themselves . and ordains thir presents to be printed , and appoints his majesties solicitor to send printed copies hereof to the several collectors of shires . extracted by me gilb . eliot , cls. sti. concilii . edinburgh , printed by the heirs and successors of andrew anderson , printer to the kings most excellent majesty , . proposals humbly offer'd to the consideration of the honourable house of commons, for laying a poll-tax on all horses, mares, geldings, &c. for one year and a poundage-tax on all horses, mares, geldings, &c. that shall be bought or sold in england. also an annual imposition or duty on all weights and measures whatsoever; as likewise on all shopkeepers and tradesmen. smith, john, writer on taxation. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proposals humbly offer'd to the consideration of the honourable house of commons, for laying a poll-tax on all horses, mares, geldings, &c. for one year and a poundage-tax on all horses, mares, geldings, &c. that shall be bought or sold in england. also an annual imposition or duty on all weights and measures whatsoever; as likewise on all shopkeepers and tradesmen. smith, john, writer on taxation. [ ], p. s.n., [london : ?] signed on p. : john smith. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng horses -- taxation -- england -- early works to . poll tax -- england -- early works to . taxation -- early works to . tax collection -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion proposals humbly offer'd to the consideration of the honourable house of commons , for laying a poll-tax on all horses , mares , geldings , &c. for one year ; and a poundage-tax on all horses , mares , geldings , &c. that shall be bought or sold in england . also an annual imposition or duty on all weights and measvres whatsoever ; as likewise on all shopkeepers and tradesmen . proposals humbly offerded to the consideration of the honourable house of commons for laying a poll-tax on all horses , mares , geldings , &c. for one year ; and a poundage-tax on all horses , mares , geldings , &c. that shall be bought or sold in england : also an annual imposition or duty on all weights and measures whatsoever ; as likewise on all shopkeepers and tradesmen . i. that there may be a tax or duty , by way of poll , laid on all horses , mares , geldings , &c. that are upwards of five years old ; and valued to be worth five pounds . ii. that all noblemen , gentlemen and others , who keep horses , &c. either for the coach , saddle , waggon , cart , dray , plow , or any other use whatsoever , shall be obliged to cause the same to be given an account of , to the proper persons appointed for that purpose , upon the penalty of forfeiting to his majesty , with encouragement to the informer . iii. that all noblemen , gentlemen and others , may , for each pare of coach-horses &c. they have , pay as a tax to his majesty , the sum of eight shillings , ( provided such nobleman , gentleman , or other person , does not keep above eight coach horses , &c. ) which said sum may be collected and paid at two several payments , ( or otherwise ) viz. iv. that all noblemen , gentlemen and others , who keep horses , &c. for the saddle , may , for each horse , &c. he or they so keep , pay as a tax to his majesty , the sum of four shillings , which said sum shall be collected and paid as aforesaid , provided each horse , &c. is valued to be worth five pounds . v. that all horses , &c. employed in waggons , all pack horses , &c , all stage or hackney coach horses , &c. plow , cart , dray horses , &c. and all oxen employed at plow , cart , &c. ( where horses are commonly made use of ) shall pay to his majesty , for each horse , &c. ( or oxen ) so employed , or any other way made use of , the sum of four shillings per horse , &c. ( or oxen ) to be paid as aforesaid , provided the said horses , &c. are valued to be worth five pounds each . vi. that no nobleman , gentleman or others , shall be obliged to pay for any young horse , &c. he or they bred out of their own stock , provided the same has not been made use of , or kept in the stable three months , except the same be above five years old . vii . that no nobleman , gentleman , or other person whatsoever , shall be obliged to pay for more than eight horses , &c. how many soever they , or either of them have ; which said horses , &c. shall be assessed as aforesaid . object . the noblemen and gentlemen may alledge , this poll tax will be paid mostly by them and the country people , by reason , most of the indifferent people , ( and some great traders ) as well as the more ordinary sort of traders of london and other cities , have not such occasion for horses , and therefore consequently will be excluded the said tax . answ . there are many traders in london , as well as other cities in england , who keep horses , &c. and will come into the said tax ; but if they were all excluded this , there are other ways enough to tax the traders of london , &c. ( tbere being no tax to be laid but what the trading people must be a considerable part of it ) when the country gentlemen and farmers may be excluded wholly : and this will plainly appear by the following part on weights and measures , &c. ( which will over-ballance the inequallity of the foregoing proposals ) that being wholly on the trading people , and proposed to be continued annually , which in proportion to the abilities of the gentlemen , &c. and the trading people of england , will be heavier on the latter , than it will be on the former . viii . it is further proposed to this honourable house . that there may be a poundage tax laid on all horses , &c , that shall be bough or sold in the kingdom of england , &c. from and after the day of viz. ix . that all and every horse or horses , &c. which shall be bought or sold in any market or fair in england , &c. shall be registred by the town clerk , or some other person appointed for that purpose , with the names and places of abode of the buyer and seller : the buyer paying six pence per pound for each horse , &c. he shall so buy ; and he that neglects so to do shall forfeit to his majesty , with encouragement to the informer . x. that all , or any person or persons , who shall buy any horse or horses , &c. of a private person , or not in any fair or market , shall be obliged to pay the poundage , and cause the same to be registred in seven days after ; and declare ( upon oath , if required ) the full price the said horse or horses , &c. cost ; and upon default to forfeit to his majesty , with encouragement to the informer . xi . that any horse , &c. which shall be transported out of england , and not the dominions thereunto belonging , ( except for his majesty's service ) shall pay to his majesty the sum of and upon default hereof to forfeit to his majesty , with encouragement to the informer . there can be no greater objections made against this than the foregoing proposals , especially , since it is not every man's occasion to buy a horse , &c. tho' he keeps some ; and the poundage not being above two and an half per cent. which is but little , may be easily paid ; and besides , i believe any man who is about to buy a horse , &c. that does not think it worth five shillings more to him than what he is to give for it , will hardly venture to buy it . xii . it is further proposed to this honourable house , that there may be an imposition or duty laid on all sorts of weights whatsoever , wherewith any kind of thing ( be it what it will ) is bought onsold by : and also , that there be an imposition or duty laid on all sorts and sizes of measures whatsoever , either liquid or otherwise , or in which liquors are usually kept , or bought and sold by . xiii . that all weights and measures , as hereafter mentioned , or comprehended , be obliged to have a seal , without which they shall not be lawful ; and all persons whatsoever , shall be obliged to give an account of all and every the several and particular weights ( from a grain and upwards , as far as weights are made use of , either by retail or wholesale ) wherewith they buy or sell by : and also , an account of all and every the several and particular measures , of what sorts , or by what names the same may be known or distinguished by ( whether wine , or winchester measures , &c. from an half quartern and upwards , as far as the same are made use of , either by retail or whole-sale ) to proper persons appointed for that purpose , at which time they shall pay their money , and have all such weights and measures sealed , which shall be booked down in every particular by the said officer or officers aforementioned , in order to have the same registred in the proper office for that purpose . xiv . that all persons whatsoever , who shall neglect to give an account particularly , of all weights and measures as above-mentioned , &c. or shall make use of any weights or measures that have not a distinct seal ( according as the same shall be appointed ) in compliance with the intention of these proposals , shall forfeit all and every such weights and measures he or they so presume to make use of ; and likewise to his majesty , with encouragement to the informer . xv. that all weights made use of by goldsmiths , or any other persons who make use of the same sort of weights , shall pay to his majesty , for all and every weight under an ounce , the sum of one penny each ; and for all and every weight heavier than an ounce , the sum of two pence . xvi . that all other weights not being the same with goldsmiths weights , with which any person or persons doth buy or sell by , shall pay to his majesty the sum of one penny , for all and every weight not exceeding ten pounds ; and for all weights upwards of ten pounds the sum of two pence . xvii . that all weights , as above mentioned , which remain in possession of the maker , shall be sealed before they are sold , ( which may be done at the office ) each weight paying according to the imposition or duty above-mentioned . xviii . that no retail trader whatsoever , shall be liable to pay more than eight shillings per annum , how many weights soever he or they have . xix . that no retail trader whatsoever , who makes use of any weights to buy or sell by , shall pay less than four shillings per annum . xx. that all sorts of measures , either liquid or otherwise , shall pay according to their proportion , the following imposition or duty to his majesty , in the same manner and form as is to be observed in the foregoing imposition or duty on weights . xxi . that all sorts of measures , either liquid or otherwise ; and likewise , either wine or winchester measures , &c. not exceeding the gallon , shall pay to his majesty , for each measure , the sum of one penny . xxii . that all measures , either liquid or otherwise ; and likewise , either wine or winchester measures , &c. with which any thing whatsoever is bought or sold by , ( according as the same are made use of ) whether they are of earth , wood , or metal , &c. and by what name soever the same are called , as peck , bushel , runlet , kilderkin , firkin , barrel , hogshead , butt , pipe , &c. or what use soever the same are put to , as beer , ale , mum , syder , brandy , strong waters , or any sort of wine , or other liquors whatsoever , shall pay to his majesty ( each particular here mentioned , or to be understood ) the sum of three pence . xxiii . that all casks not being sizeable , ( and which are made use of in a wholesale trade ) as casks for tobacco , sugar , currants , foreign tallow , sope , sope-ashes , &c. or any other foreign or domestick goods , which are sold by wholesale and cask'd up , shall be obliged to pay the sum of three pence per cask , for all casks so made use of , upon the penalty of forfeiting to his majesty , with encouragement to the informer . xxiv . that no person or persons whatsoever shall be exempted this tax , except such as receive alms of the parish , or those who cry any thing about the streets , who shall have a certificate from the church wardens of the parish they live in , in order to have their weights and measures sealed without paying the tax . xxv . that all large casks which pay the tax , and by which the wholesale trader dealeth , shall be paid by the person or persons who have them in possession . xxvi . that all persons who make use of any measures for length , as yards , ells , &c. ( and by which they buy or sell ) shall be obliged to make use of no other measures than such as hath paid the tax and been sealed ; and upon default , to forfeit to his majesty , with encouragement to the informer . xxvii . that all measures for length , as yards , ells , &c. shall pay to his majesty ( for each measure mentioned , or to be understood ) the sum of three pence . xxviii . that no retail traders whatsoever , shall be liable to pay more than eight shillings per annum how many measures soever he or they have . xxix . that no retail trader whatsoever , who maketh use of measures to buy or sell by , shall pay less than four shillings per annum . xxx . that all wholesale traders , who make use of more weights and measures than will amount to eight shillings per annum ( according to the foregoing assessment ) shall pay for the same proportionably to the number he or they have , except such weights and measures amount to above sixteen shillings . xxxi . that no traders whatsoever shall pay more than sixteen shillings per annum , altho they have ever so many weights and measures , except such traders shall have occasion for new measures , casks or weights ; and in such case , all new measures , casks or weights , shall pay the full duty or imposition , according to these proposals . xxxii . that there may be a certain limitation of time for all persons to give an account of their weights and measures ; and that after such time , all weights and measures whatsoever , which are bought new , shall pay the full duty ( over and above what any person or persons may have paid for the annual imposition ) according to the size of such weights and measures ; and whoever neglects to give an account in time , as aforesaid , ( or makes use of any weights or measures unsealed , after the expiration of the said time ) shall forfeit to his majesty , with encouragement to the informer . xxxii . that all tradesmen , who are shopkeepers , or others , who buy and sell either by wholesale or retail ; or keep warehouses , and have no occasion to make use of either weights or measures , shall pay to his majesty the sum of four shillings per annum , so long as the imposition on weights and measures may be thought fit to be continu'd . xxxiii . that all weights and measures whatsoever ( which are not here mention'd ) provided the same are in any manner made use of in buying and selling ( of what sort soever they be ) shall be included in this proposal ; and whoever endeavours to conceal or defraud his majesty of all or any part of the imposition or duty on weights and measures , or any other part of the foregoing proposals , shall forfeit to his majesty , with encouragement to the informer . xxxiv . that all housekeepers shall be oblig'd to give an account what their lodgers are ( if they have any ) in order that they may pay according to their several assessments ; and he that neglects so to do , shall forfeit to his majesty , with encouragement to the informer . reasons humbly offer'd for the imposition or duty , &c. to be accepted by this honourable house . st , the wholesale trader cannot think himself much prejudic'd by this tax , by reason of his great dealings and the small imposition or duty propos'd ; which , in proportion , is so inconsiderable , that it will not be worth any particular person 's notice : for there is not one wholesale trader in ten , that will pay above eight shillings per annum ( and no one to pay above sixteen ) which , according to their abilities , is very reasonable . dly , the retailers , who generally return less money than the wholesale men , are more moderately assessed , by reason there are hardly any who make use of measures exceeding the gallon , or weights exceeding the ten pounder ; whereby their part will be so small , that no particular person will feel it . yet measures , as likewise weights , being so generally made use of , will bring a large sum of money into the treasury . so that the generality of retailers , who make use of weights or measures , will not pay ( by moderate computation ) above four shillings per annum , according to the quantity of weights and measures they have occasion to make use of . dly , the several proposals aformention'd cannot raise any sort of goods or commodity whatsoever in the least , by reason no particular trade is taxed ; ( but that the same is laid on all sorts whatsoever ) and the imposition or duty is so small , that there can be no pretence for it . thly , the imposition upon shopkeepers , &c. who do not make use of weights and measures , is likewise so small , that the shopkeepers aforesaid , &c. certainly cannot find fault with it , since they pay as little as any other tradesmen whatsoever ; and are commonly as well able to pay as much . thly , the several particulars mention'd in these proposals ( if thought fit to be accepted by this honourable house ) may all of them be collected by the same officers all over england . for , thly , the poll-tax on horses , &c. ( as propos'd ) may be collected by officers appointed in every particular parish throughout the kingdom . thly , the same officers may readily dispatch and seal all weights and measures , and take a particular and exact account thereof , and for whom ; which said account shall be sent up ( or a copy ) to some proper person or persons appointed for that purpose , to whom they shall send the money by them received likewise , which may be forthwith register'd at an office , &c. thly , these officers to be housekeepers , or otherwise residents in the parish where they gather and collect the several taxes as above propos'd ; or the same officers may collect for several parishes , as is requisite or necessary . thly , the same persons being residents may attend all fairs and markets , who may likewise register and give an account of all horses , &c. bought and sold , as the same shall occur . thly , 't is humbly suppos'd the foregoing proposals will ( if worthy acceptance ) bring into his majesty's treasury the first year , by computation , at least two hundred and fifty thousand pounds ; and two hundred thousand pounds per annum so long as the same may be continu'd . there can be no great certainty how much more money this tax will raise ( but the number of tradesmen who will be oblig'd to pay to it , are so great , that it may be suppos'd , a far larger sum will be brought into his majesty's exchequer ) by reason the majority of the people of england will pay something . but how many there are to pay , or how much each person will be assessed , must , at present , remain uncertain , by reason there have not been precedents in this nature to give a true information . so that after your honours have , in your great wisdom , maturely considered the foregoing proposals in their several and particular circumstances , i hope , your honours will pass a favourable construction on the endeavours of your proposer , ( who entirely aims at the service of his majesty and his kingdom , by offering that , which your honours , in your great wisdom , i hope , will judge serviceable to the nation at this juncture ; and not burthensome to the subjects thereunto belonging ) and according to the merits of his service , he humbly begs you will grant him the encouragement he may deserve , &c. john smith . the copie of an order agreed upon in the house of commons, vpon friday, the eighteenth of iune, wherein every man is rated according to his estate for the kings use. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the copie of an order agreed upon in the house of commons, vpon friday, the eighteenth of iune, wherein every man is rated according to his estate for the kings use. england and wales. parliament. house of commons. sheet ([ ] p.) s.n.], [london : printed in the yeare . with engraving of royal seal of charles i at head of document. reproduction of the original in the british library. eng taxation -- great britain -- th century -- early works to . great britain -- history -- charles i, -- early works to . a r (thomason .f. [ ]). civilwar no the copie of an order agreed upon in the house of commons, vpon friday, the eighteenth of iune, wherein every man is rated according to his england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the copie of an order agreed upon in the house of commons , vpon friday the eighteenth of iune , wherein every man is rated according to his estate for the kings use . dvkes , pounds . marquesses pounds . earles pounds . viscounts pounds . lords , pounds . baronets and knights of the bath , thirty pounds . knights , pounds . esquires ten pounds . gentlemen of pounds per annum , five pounds . recusants of all degrees to double protestants . lord maior , pounds . aldermen knights , pounds . citizens fined for sheriffes , pounds . deputy aldermen , pounds . merchant strangers , knights , pounds . common counsell men , five pounds . livery men of the first twelve companies , and those that fined for it , ten pounds . livery men of other companies , shil. masters and wardens of those other companies , five pounds . every one free of those companies , one pound . every freeman of other companies , ten shillings . everie merchant that trades by sea , inhabiting in london , ten pound . every merchant stranger that trades within land , five pounds . every english merchant residing in the city of london , and not free , five pound . every english factor that dwells in london , and is not free of the city , forty shillings . every stranger protestant , handy-crafts , trade and artificer two shillings . every papist stranger , and handy-crafts , four shillings . every widow a third part , according to her husbands degree . every judge a knight , pounds . every kings sergeant pounds . every sergeant at law , pounds . every one of the kings , queens , and princes counsell , pounds . every doctor of civill law , and doctor of physicke , pounds . every bishop pounds . every deane pounds . every cannon pounds . every prebend pounds . every arch-deacon pounds . every chancellor and every commissary , pounds . every parson or vicar at . pound per annum , five pounds . every office worth above pound per annum , to be referred to a committee , to be rated every man that may spend pounds per annum , thirty shillings . every man that may spend . pound per annum , shillings . every person that is above yeares of age and doth not receive almes , and is not formerly rated , shall pay pence per pole . printed in the yeare . proclamtion for the better collecting and inbringing of what is deficient of the pole-money imposed in anno scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamtion for the better collecting and inbringing of what is deficient of the pole-money imposed in anno scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson ..., edinburgh, : . caption title. title vignette: royal seal with initials w r. imperfect: creased, stained with slight loss of text. reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion proclamation for the better collecting and inbringing of what is deficient of the pole-money imposed in anno . william by the grace of god , king of great-britain , france and ireland , defender of the faith : to _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally , specially constitute , greeting : forasmuch as by the tenth act of the fifth session of our current parliament , imposing the pole-money therein-contained , methods and rules were prescribed for uplifting and bringing in the same ; likeas , the lords of our privy council are thereby impowered to order and appoint such further methods and courses as they shall judge fit , for stating and inbringing of the said pole-money . in pursuance of which act , the lords of our privy council , have from time to time , made several acts , and emitted several proclamations , for the more effectual uplifting and inbringing the said pole-money , as the saids acts and proclamations in themselves more fully proport . and in regard the foresaid pole-money , which was then in collection , is now set in tack to john campbell of knockrioch , principal tacksman , and his partners , for the duty , and in the terms therein-mentioned , whereby they have right to the foresaid pole-money , and act of parliament imposing the same , as also to the haill quadruples , and other penalties incurred for not payment thereof . and it being just and reasonable , that they should have the benefit of the foresaid haill acts and proclamations concerning the said pole-money , for making the said tack effectual : therefore , we with advice of the lords of our privy council , do hereby declare , that our said tacksmen have the benefit of the foresaid haill acts and proclamations , in so far as not obeyed and execute , allowing the same to be put to furder execution by them , for the more effectual ingathering of the said pole-money , with the quadruples , and other penalties incurred , to the effect , that all that have not as yet obtempered , may know their hazard , and do what is incumbent for their exoneration . and we with advice foresaid , do further require and command all collectors of shires and paroches , who have not done their duty in the premisses , by making up and delivering in exact lists , and by collecting and paying in the said pole-money to our said tacksmen , that they be careful to do the same within fifteen days after the publication hereof at the mercat-cross of the respective head-burghs of the shires and stewartries within which they live ; certifying such of the saids collectors as shall failȝie herein , that they shall amit and lose their allowances given to them respective by our saids proclamations , out of the pole-money uplifted and not payed in by them , betwixt and the day foresaid : as likeways , we with advice foresaid , require and command the commissioners of supply , and others appointed in the several paroches by them , and their clerks , to give up to our said tacksmen or collectors appointed by them , the bonds and securities granted by the saids collectors , for performing their duty in the premisses ; declaring , that our said tacksmen shall have siklike execution competent thereon , as was before competent to the lords of our thesaury , or others by them appointed , to oblige and compel the foresaid collectors to performance , whom we hereby require to make compt , reckoning , and payment of the pole-money uplifted by them , to our said tacksmen and their collectors betwixt and the day foresaid , under the certification above-mentioned : and farder , we with advice foresaid , require and command the commissioners of supply within the several shires , and all other magistrats of this kingdom within their respective jurisdictions , or any one of them , judges constitute by the foresaid act of parliament for that effect , to give present and speedy justice against all persons within their respective bounds , that shall be conveened and convict before them , as defficient of the foresaid pole-money , or being unduely classed ; by decerning them to make payment to our said tacksmen or their collectors of the foresaid quadruples ; for payment whereof , all diligence and execution appointed by the foresaid act of parliament , and former proclamations , is to be prosecute with all rigour : it is always thereby provided , that where books or lists are already given in , either by shires or paroches , as was appointed by the foresaid proclamations , it shall not be leisum to the said tacksmen , or their collectors , to trouble any persons lyable in pole-money , by citation or other ways , except such only as they shall first give up in roll to the said commissioners of supply , or other judges ordained by act of parliament , as either deficient in payment , or not given up in any former list , or not duely listed ; in which case allenarly , and no other , the said commissioners , or other judges foresaids are required to issue out precepts for citation and process , and administer justice as above : and farder , if the said commissioners or other judges , shall find the foresaid tacksmen , or their collectors to be calumnious in the said pursutes , they are to fine them in the parties expense and damnadges : and also to be careful that the said tacksmen , or their collectors , do not oppress the countrey in the execution of the premisses in any sort ; but that in the case of any complaint of oppression , they administer justice to the oppressed as accords : and lastly , we ordain letters to be direct hereupon in form as effeirs . our will is herefore , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and remanent mercat-crosses of the haill head-burghs of the several shires and stewartries within this kingdom ; and there in our name and authority , make intimation hereof , that none may pretend ignorance ; and ordains these presents to be printed . given under our signet at edinburgh the eighteenth day of march , and of our reign the eight year . per actum dominorum secreti concilii . gilb . eliot , cls. sti. concilii . god save the king . edinburgh , printed by the heirs and successors of andrew anderson , printer to the king 's most excellent majesty . anno dom. . die sabbathi, augusti, . whereas divers persons have beene assessed upon the ordinances of parliament, for the twentieth part, and weekely assessement, subsidies, and other payments; ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, augusti, . whereas divers persons have beene assessed upon the ordinances of parliament, for the twentieth part, and weekely assessement, subsidies, and other payments; ... england and wales. parliament. sheet ([ ] p.) august . london printed for john vvright, in the old-bailey, [london] : . title from caption and first lines of text. an order of parliament respecting those who refuse to pay the weekly assessment. order to print dated: die sabbathi, augusti, ; and signed: joh. browne cler. parliament. reproduction of the original in the british library. eng taxation -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, augusti, . whereas divers persons have beene assessed upon the ordinances of parliament, for the twentieth part, and we england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , augusti , . whereas divers persons have beene assessed upon the ordinances of parliament , for the twentieth part , and weekely assessement , subsidies , and other payments ; many of which have refractorily and wilfully suffered the dayes for payment of the sums assessed to be elapsed , & covertly conveighed away their goods from their houses , & absented their persons to avoyd payment of their assessements , or else have suffered imprisonment and their houses to stand empty , wherby they might be free from bearing part of those common taxes and charges , which the necessities of these troublous times require : for remedy whereof , and better satisfaction of the sums assessed on such persons , it is this day ordered by the lords and commons assembled in parliament , that such persons as shall bee appoynted by the committeé of lords and commons for advance of money , and other necessaries for the armie , shal have power to let , set , or rent forth , to such persons and for such time , fine , and rent , as they shall thinke fit , the houses of any person or persons , who are already imprisoned for their assessments , or absent themselvs for non-payment of their assessments , and the monies raysed by the rents of the said houses , to convert & imploy towards satisfaction of the same assessements , and payments : and that such persons as shall take the same houses , shall discharge the head rents due to be payd for such houses , as also the duties to the parish during their abode in the same , and the persons so taking and leasing the said houses , shall be saved harmelesse and indempnified , against the persons imprisoned , or absenting themselves as aforesaid , by the power and authority of both houses of parliament . die sabbathi , augusti , . ordered by the lords and commons assembled in parliament , that this order be forthwith printed and published . joh. browne cleri ▪ parliament . august , london printed for john wright , in the old-bailey , . a proclamation for the more effectual in-bringing of the hearth-money. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for the more effectual in-bringing of the hearth-money. scotland. privy council. scotland. sovereign ( - : william and mary) sheet ([ ] p.) printed by the heir of andrew anderson, printer to their most excellent majesties, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the twentie day of april, and of our reign the third year, . signed: gilb. eliot, cls. secreti concilij. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hearth-money -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation for the more effectual in-bringing of the hearth-money . william and mary , by the grace of god , king and queen of great-britain , france and ireland , defenders of the faith , to our lovits _____ macers of our priyy council , messengers at arms , our sheriffs in that part , conjunctly and severally specially constitute , greeting : forasmuch , as we with advice of our privy council , by our proclamation of the date , the twelfth day of february last , for the more effectual and orderly collecting , up-lifting and in-bringing of the hearth-money , humbly offered to us by our estates of parliament ; conform to the second act of the third session of our current parliament : have in prosecution of the power given to the saids lords of our privy council , by an act of our said parliament , of the date the tenth day of september , one thousand six hundred and ninty years . impowering them to give such orders for collecting and in-bringing of the said hearth-mony , as they shall judge fit . ordained lists to be given in to mr. james melvill of cassingray , receiver and collector of all the hearth-mony within this kingdom , his sub-collectors , and deputs , of all hearths , kilns and others mentioned in the said proclamation , in manner , and under the certifications therein specified . and now these lists being for the most part given in : we , with advice foresaid , do hereby require and command all persons whatsomever , lyable in payment of the said hearth-mony , to make payment of the same , to the said mr. james melvill of cassingray , and his sub-collectors , and deputs , betwixt and the tenth day of may next to come , with certification to such as shall failȝie in punctual payment , that letters of horning and poynding shall be direct forth against them , at the instance of the said general-collector and receiver , his sub-collectors and deputs , or they shall be allowed to quarter upon the saids deficients , not exceeding one souldier for each three hearths , for the more speedy in-bringing of the said hearth-mony . our will is herefore , and we charge you straitly an command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and to the mercat-crosses of the whole remanent head-burghs of the several shires within this kingdom , and there , in our name and authority , by open proclamation , make publication of the premisses , that none may pretend ignorance , as ye will answer to us. the which to do , we commit to you , conjunctly and severally our full power , by these presents , delivering them by you , duly execute , and indorsed again to the bearer . given under our signet at edinburgh , the twentie day of april , and of our reign the third year , . per actum dominorum sti. concilij . gilb . eliot , cls. secreti concilij . god save king william and queen mary . edinburgh , printed by the heir of andrew anderson , printer to their most excellent majesties , anno dom , . . a præsent for cæsar of , l. in hand and , l. a year / by thomas bradley ... bradley, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a præsent for cæsar of , l. in hand and , l. a year / by thomas bradley ... bradley, thomas, - . [ ], p. printed for the author, and are to be sold by stephen and thomas lewis ..., london : [ ] date of publication suggested by wing. reproduction of original in the british library. eng church of england -- finance. tithes. taxation -- england. a r (wing b ). civilwar no a præsent for cæsar, of l, in hand and l. a year. by thomas bradley d.d. and minister of nettlebed, in the county of oxford. bradley, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a praesent for caesar , of l , in hand and l. a year . by thomas bradley d. d. and minister of nettlebed , in the county of oxford . give unto caesar the things that are caesars . luke . . london , printed for the author , and are to be sold by stephen and thomas lewis in shooe-lane , at the sign of the book-binders . to his highness the lord protector of the commonwealth of england , scotland , and ireland , with the dominions thereunto belonging , &c ▪ my lord , it is not my business , nor intention in this paper-praesent , to set out all caesars dues , or duties ; but as a subject under your highness government , and a friend and servant to the commonwealth , whereof i am a member , to do mine own . it is a businesse concerning which i have formerly acquainted your highnes with some things in the general ; and since that , some others appointed by your highness to take the cognisance of it in particular ; and it is at this present before the commissioners for discoveries at vvorcester-house : but as the presence of the sun obscures all other lesser lights , and makes them burn more dimly , so the assembling of the present parliament doth in a manner suspend and supersede all vigorous actings of derivative and infeour powers : and therefore i have made bold to make this address immediatly unto your self , and to present unto your highness own hand and view , in short , and yet in full too , the whole substance of the matter , with the grounds and reasons of it ; shewing the legality , equity , justice , and necessity of it , that you may at your leasure deliberately consider of it , and the more confidently resolve what to do in it . it is the unhappiness of great princes , that they must see with other mens eyes , and hear with other mens ears ; in this i desire your own may be judges . and now , my lord , i shall humbly crave your favourable protection in the offer of this proposal , and the further pursute of it , if any further pursute be made in it : for although it speaks nothing but law and reason , equity and antiquity ; yet what entertainment it may probably meet with when it comes abroad , both the title and the subject of it may promise and presage , even such as all subjects of this nature do usually find , to be unwelcom ; yet truly there are none of those that are most concern'd in it , but upon conference , when they have rightly understood my mind in it , and their own case , they have gone away wellsatified ; but , my lord , they will be better satisfied , if in consideration of those great sums your highness is to receive out of the church-revenues , so freely and so firmly by law conferr'd upon you , your highness will be pleased to protect them in all the rest , and to settle upon the church , and confirm unto it her antient portion and patrimony , the tithes , & to put them into a better capacity of demanding and receiving them , than now they are in , when men will pay them but what they list , and if they do but demand their dues of them in a legal way , presently they are threatned with ejectment , which ( as things now stand with them ) is no hard matter to compass , considering the many pins upon which their standing doth depend , and the world of exceptions , which the commissions , proclamations , orders , and ordinances made concerning them ( if stretch'd upon the tenters , to the extremity of them , and acted upon with rigour ) make them liable unto ; besides , many of those which are their judges in these cases being of different judgements from them in matters of religion , and ways of worship , and directly principled , not only against their persons , but even against their very callings and the payment of tithes , out of which their livelihood , and your highnesses revenue should arise , the continuance whereof is the only way of perpetuating the ministry , in the church ; and which once taken away , it will inevitably follow , that in short space the ministry will be utterly ruined and rooted out of the church of england , and that once down , all other ordinances fall with it , which it is your highest honour to protect , and to uphold ; but leaving those matters to your higness wisedom and care , with the contribution of my prayers to the great god of heaven and earth , the high dispoof all things , for his blessed protection , direction , and assistance , to be ever present with you in all your great , noble , high , wise , and religious undertakings , i passe to the businese intended , and subscribe as above , your highnesses and the commonwealths , to serve you in all good ways , thomas bradley . a praesent for caesar . there is no man that looks upon this commonwealth , and considers it in the posture that now it stands , but he will confesse that it would require even the golden mines of peru to defray the charge of it , and to carry on the businesses in which it is engag'd ; hence it is that the supream magistrate , upon whose shoulders the government of it lies , is forc'd to raise vast sums of money by such ways & means as reason of state puts him upon , ( as by contribution , excise , decimation , and the like ) for the managing of them , which lie heavy upon the people , and are resented as grievous burdens : for let reason of state speak what it will , and necessity be never so pressing , men are not willing to part with their money , t is ease and freedom from burthens that they look for , which when they sensibly feel , then they will sit down satisfied and contentedly acquiesce in their condition . what was it that kept the tribes so close to jeroboam , and his successors , after the rent from judah , that through the reign of kings they kept constant to them , and never returned again , but that he did that which rehoboam should have done , and which the people sued for , and the grave counsellers advised him to , in making their yoaks easier , and their burdens lighter ? the nearest way for us to do so too , is to alter the chargeable posture that we now stand in , if with honour , justice , and safety , that may be done : but if that cannot be , the next way is to supply it with treasure , by such ways and means as are most clear and smooth , and least liable to exceptions ; and what more clear than what law hath determined ? what more just than for a man to demand his own ? what more equal than for men to pay their debts which they owe ? t is not a curtesie , but a duty , not a gratuity , but the payment of a just and due debt , to render unto caesar the things that are caesars . and such is that which here i offer , which if it may be managed by such hands as i have ready to commend , of men of known worth and integrity , fidelity and ability to undertake , and to perform it , it shall bring in to the treasury for the praesent l . and to the revenue l . yearly , and clearly , without any charge to the state in the gathering of it , or trouble , or just cause of grievance to any other that are most concern'd in it , whose good is principally aim'd at in this design , which is as followeth . i doe propose , that the statute of the . of henry the th . and of the first of qu. eliz. for payment of first-fruits , and tenths , may be put into due execution , which require that they be paid in to the true value of them , and not as they stand partially rated in the late kings books , by an antient inquiry made above years since , which gives them not in to the th . nor to the th . nor scarce to the th . part of the true value of them , throughout the land . some reasons shewing the reasonableness , equity , justice , and seasonablenesse of this demand . first it is legal that they should be so paid , the statute is clear , and peremptory for it as above , the . of hen. the . and the . or qu. eliz. secondly , and that statute made in a free & full parliament , where the bishops chiefly concern'd in it , as lords spiritual ( so called ) sate in the upper house , in great power , and with them in that parliament six and twenty abbots , which ( together ) with the bishops , were able to have carried a vote against the lords temporal , which in those days were not so numerous . and besides these a full convocation of the clergy sitting , and unanimously assenting to it , thirdly , and this act so considerable , that three of the greatest officers in the land , the lord chancellor , the lord chief baron , and the master of the rolls , are thereby required to make inquiry from time to time , by all the ways and means they can in their discretiō devise , to find out the true values of them , that so the first-fruits and tenths may be paid in accordingly . and against those would i have put in my information in the committee for discoveries , if my council had not otherwise perswaded and over-ruled me . fourthly , there is good bond for it , which every incumbent ( at his entrance into his living ) enters into the first-fruits office , called the melius inquirendum , the condition whereof runs as followeth . the condition of this obligation is such , that if the rectory of a. in the county of b. be hereafter proved to be of more yearly value than ten pounds , then if c. d. incumbent there , do answer the keepers of the liberties of england accordingly within one moneth after certificate of due proof thereof had , and delivered unto him , without fraud or further delay ▪ then this present obligation to be void and of none effect , or else to stand and remain in full force and vertue . i have taken some pains , and been at some cost in this inquiry , and i find this ten pound , commonly to be an hundred , seldom less than fourscore ; as for instances , the rectory of alsford in hampshire , stands in the late kings books at l . and some odd shillings : i have known this rectory to be let at l . communibus annis , and besides the * incumbent reserving to himself the house , with the accommodatious about it , with some gleab land , and other advantages , to the value of l . a year , and upward . i could multiply instances of this kind , if it were necessary . fifthly , we may better now afford to doe it than heretofore , inasmuch as we are freed from many other burdens , and yearely payments which formerly we stood charged withall ( as synodals , and procurations ) and good reason for it ; for the duties upon which they were charg'd being laid down , which were the calling of synods , and visitations of the churches , which were to be done at the charge of the ministry , it will follow rationally , that the charge , occasioned by these duties , should die with them , as also the contributions usually given to the bishops at their first entrance upon their sees by way of gratuity . sixthly , it was not so long since it was questioned , and that in parliament too , whether any tithes should be paid at all , and shall it now be questioned , whether these dues shall be paid out of them to his highness which the law requires ? seventhly , vvhat more usual with christian kings and commonwealths than in great exigencies of affairs , as in their chargeable wars , &c ▪ to supply their wants out of the revenues of the church , by receiving sometimes a tenth , sometimes a fifteenth part throughout their dominions , and that where they have no such law for it as we have , but only raggione del stato , as the italian speaks ? eightly , if you look upon the preface that usher'd in this act when it was first made , in the . of hen. . you shall find it speaks as strongly for his highness , and the present affairs of the commonwealth now , and they do as necessarily require it , as then they did . ninthly , doe the great affairs of the commonwealth force his highness to raise such great summes of mony for the managing of them , by such ways and means as reason of state puts him upon , as by contribution , decimation , excise , and the like ; and is it fit that such sums as these are , which are clearly due by law , should lie asleep , and be wav'd the while ? tenthly , let noe man think it strange , that the melius inquirendum should be now set on foot : the lord treasurer buckhurst was setting it on foot in his time , as his secretary gurney told me about eight and twenty years agoe , at my return out of spain , where i had been with the lord cottington , embassadour ▪ extraordinary , upon the treaty of the peace between the two kingdoms , then and there honourably concluded , ever since which time i have had it by me . eleventhly , i offered to set it on foot in the late kings time , and for that purpose acquainted the archbishop of canterbury with it , but he kept it off , and charged me upon my canonical obedience i should not stir in it , neither did i while i owed him any . twelfthly , and mainly , even those which are most concerned in it , and may pretend to have greatest cause to except against it , shall receive advantage by it ; it is the only way to settle them in their tithes , and to confirm them upon them , and to engage his highness to protect them in the possession and enjoyment of them , which before , and as yet doe stand but upon tottering terms ; most of the counties in england having petitioned against them ; let them pay their dues , and they may with the better confidence demand and require them : but in the mean time , while they pay their dues to his highness in such an inconsiderable proportion , what if the parishioner should take the advantage of it to pay his tithes by the same proportion ; and being required to pay them to the full value , shall answer , that he pays his tithes in to the incumbent , after the same proportion , that the incumbent pays them in to his highness and the commonwealth , both being equally due ? how this will stand good in law i know not ; but i am sure it is good in equity . lastly , were the revenues yet left unto the church distributed in any indifferent or reasonable proportion , with due respect had to the different worth , gifts , and parts , of those that are imployed in the glorious work of the ministry , and the different congregations under their several charges , there is yet left means abundantly sufficient for the maintenance and encouragement of an able ministrie throughout the land , cheerfully paying out of it his highnesses dues too , which the law requires in testimony of their thankfullnesse to him for protecting them in all the rest . for besides all the defalcations and deductions that have been made out of it , both in the time of hen. the . and of the late parliament , there is yet left unto it full half a million a year , and if course were taken , that this might be prudently proportioned , so as the greater livings might help the lesser , there would be found abundantly sufficient for both ; and so all the revenues of the first-fruits office , would come in clearly unto his highness , which now goes all out in augmentations , and doth not serve the turn neither ; and if all the revenues of the church will not now be sufficient for the maintaining of the ministry , now they are all set a part , and appropriated to that use , how did it serve the turn antiently , when they had scarce a fourth part of it , the other three being distributed to other uses ? for if you look back into antiquity , you shall find , that primitively these revenues were not shar'd amongst the clergy parochiatim , by parish meal , as now , it was many hundred years since christ , before the land was so divided , and cantoniz'd into parishes ; but all the tithes and oblations , and other revenues of the church were put into several church treasuries , in every diocese one , those treasuries committed to the care and trust of faithfull and prudent men , by whom they were to be distributed to pious and charitable uses , as need did require ; those men by whom they were to be thus distributed , were the deacons , according to the primitive institution , act. . those uses unto which they were distributed , were principally these four . first for the maintenance of the ministry . secondly , for the relief of the poor . thirdly , for the building and repairing of churches , and religious houses . and thly , for the redemption of christian captives , the relief of persecuted christians , and the like , so that of all these revenues there was not above a th . part fell to their share ; nor that neither , but with these limitations . first , if they had no other competent means of their own to live upon ; for if they had , then by the antient canons , they were to receive no distribution out of the church revenue ; but were to preach the gospel freely . qui bonis parentum sustentari possunt clerici , si quod pauperum est accipiunt , sacrilegium committunt ; clerks or clergy men which may be sustained by the goods of their parents , or ( as i conceive he means ) by maintenance left them by their parents , if they take any thing of the poors patrimony , they commit sacrilege ; and what they meant by the poors patrimony , appears by the same father in another place . quicquid possidet ecclesia , vel in fundis , vel in pecunia , pauperum est patrimonium ; whatsoever the church possesseth , either in lands , or in money , it is the patrimony of the poor , they only had the honour and the trust of the distributing of it , or overseeing the distributing of it by the deacons , in which regard most properly they were episcopi , which signifieth overseers ; and good reason that themselves , and the rest of the clergy having not otherwise wherewith to sustain themselves , should be supplied out of the treasury ; and so they were , but ( which was the second limitation ) that so sparingly , and so frugally , that there should be no allowance for any vain , or unnecessary expences , much less for purchasing of lands and houses , for raising of families to greatness , least of all for princely pomp , and state ; for what the pomp & state of bishops was in those days , appears by that modest canon made in the antient council of a quileia , in these words * episcopus non procul ab ecclesia habeat hospitiolum , vilem mensam , & supellectilem ; let the bishop have near unto the church a little house or hospital , and in it a mean table , with mean houshouldstuff . that grave council , even by the spirit of prophesie foreseeing , and prudently endeavouring to prevent that which after followed in the princely pomp of prelates . wherefore these things duly cosidered , i hope no man will be offended at me for what i here offer and present ; but rather that i shall deserve thanks from all parties concern'd in it respectively ; from his highness for endeavouring the augmentation of his treasury , and the increase of his revenue ▪ in a legal way , whereby he may be the better inabled to defray the charge , and to carry on the great businesses of the commonwealth , committed to his care and trust ; from the commonwealth , whose affairs shall by this means be the better administred , and they in due time eas'd from other burdens , now lying upon them ; and from my brethren in the ministry , whose portion and patrimony shall by this means be setled and confirmed upon them , and his highness ingaged to protect them in the enjoyment of them , together with his own interest , and in all other their antient duties and immunities , now miserably invaded . in three words , me thinks it should be satisfactory to all , that there is nothing here proposed but what there is law for , what there is reason for , and what there is bond for . if his highness will be pleased to remit all these his dues now he knows them , he shall therein do a very noble , and gracious act , and i shall have my share in the benefit of it ; but if ( the exigencies of the time so requiring ) he shal be pleased to demand them , we have no more reason to be offended with him for taking his own , than the people have to be offended with us for taking ours . the way for us to improve this payment to our own advantage , is to doe it freely , and cheerfully , and out of our sence of the pressing necessities of the time , and our thankfulness to his highness for our protection in them , to offer it up to him as a free-will offering ; though there were no law at all to require it . were the clergy of those times so sensible of the great burthens of the commonwealth , and so thankfull to the king for his care and pains in managing the affairs of it in troublesome times , as to make such a law when there was none , and shall we be so insensible of the greater burdens of the present times , or so unthankfull to the supreme magistrate , upon whose shoulders the weight of them lies more heavy than ever it did upon that king , as not to observe it now it is made ? surely , as the clergy of those times did shew their sense of the one , and their thankfullness to the other , in their free offer of this their assistance , in making such a law ; so the ministry of these times will be much more forward to doe their parts to assist , enable , and encourage the magistrate in his government by keeping it , and every one to put to his little finger , to the easing of him of the heavy burthen of it lying upon his shoulders ; so as i trust i may generally in the name of them all , as well as of my self , tender this present unto him as to our patron , protector and benefactor . and although that servant which doth no more than his duty cannot plead merit , nor challenge any extraordinary reward ; yet upon this our readiness and cheerfullness in the performance of it , we may undoubtedly promise unto our selves from his highness such acts of grace , in reference to our calling , and protection in the exercise of it , in reference to our maintenance by tithes , and that competent and certain , and in some indifferent manner proportiond unto us , & of our restauration to all other privileges , immunities & exemptions belonging to us , as may abundantly recompence the cost of our obedience in this matter . in order to all these things , and of settling all things into a right posture , concerning the ministry , there was a paper drawn up with a great deal of care , pains , study , and circumspection , and offered to the late parliament , though their multiplicity of business would not permit them to peruse and to consider of it within the time limited ; which although it were presented by inconsiderable hands , mr. bakers and my own , yet there were other hands and heads used in the composing and perusing of it much more considerable ; which if his highnesses greater businesses would but permit him to peruse , or this present parliament now conven'd to consider of , or to appoint some grave committee to take the cognizance of it , it would be found to be of special use unto them , and to give them much light and many hints as to this business , not to be despised , in which we shall be ready at all times to serve them with our best endeavours , if it be required . in which ( as also in any thing else that i have written , as touching the setling of ministers in their dues , and their payment of their dues , i humbly crave to be candidly interpreted on both hands , my intentions in reference to both , being honest , just , and good , that caesar may have his due , and that they that pay it may have theirs too , with an earnest desire and hope , that as they are to pay with one hand , so they may receive with the other ; that in consideration of these great sums by their own voluntary act , so clearly coming to the publike treasury , for the publike good , some act of grace may be past for them , or something done in favour of them , which may so ballance the payment of it , as that they may resent it , not as a burthen , but a benefit , not as a damage , but an advantage ; if it shall please his highness as freely to remit the payment unto them , as they did at first grant it unto him , and so engage the pulpit to him that way , what is that to me ? why should my eye be evil because his is good ? he shall therein do an act both of bounty and policy ; but what will the rest of the commonwealth think the while , when ( reason of state and necessity so requiring ) he shall raise such great sums of money from them by all the ways and means he can rationally and prudentially devise , and in the mean time gratifie these with such great sums of his own , so clearly by law and reason due unto him ? may his highness be pleased but to take his own dues of them , and to grant them theirs in their antient portion , and patrimony , with all those privileges , immunities & exemptions , in which the law hath indulg'd them , custom confirm'd them , and all the kings of this nation , not only since the conquest , but since the first reformation have protected them in , his highness dues may be paid , his treasuries supplyed , the common-wealth eased in good part in some other burdens , and in all this they no losers but gainers by the bargain . finis . notes, typically marginal, from the original text notes for div a e- col. goffe , lieut. col. worsley , and mr. scobel clark of the council . notes for div a e- i mean not as to the form of it , but as to the charge of it . * dr. healinge . procurabit hospitia , & synodalia . hieron. cap. clericos , . & . concil. aquil . * the motto of my house at nettl●bed . proclamation, recalling former acts or proclamations, declaring forraign victual free of duty, and ordaining all victuall to be imported to pay duty as before the saids former acts and proclamation. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation, recalling former acts or proclamations, declaring forraign victual free of duty, and ordaining all victuall to be imported to pay duty as before the saids former acts and proclamation. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the king's most excellent majesty, edinburgh : . caption title. initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the twenty one day of july, and of our reign the ninth year, . signed: gilb. eliot cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng food law and legislation -- scotland -- early works to . foreign trade regulation -- scotland -- early works to . taxation -- law and legislation -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion proclamation , recalling former acts or proclamations , declaring forraign victual free of duty , and ordaining all victuall to be imported to pay duty as before the saids former acts and proclamation . william by the grace of god , king of great-britain , france and ireland , defender of the faith , to our lovits , _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally , specially constitute , greeting ; forasmuch , as by our proclamation of the date , the sixth day of august , one thousand six hundred ninety six years , the exacting of any custom , excise , or other imposition said upon victual imported into this kingdom by sea or land , from any other countrey , by any act of parliament , or book of rates , was discharged : and sicklike , by an act of the lords of our privy council , dated the day of december , one thousand six hundred ninety six years , all victual imported into this kingdom from abroad , was declared to be free of all custom and excise , or other publick duties whatsomever : and seing the foresaid proclamation and act of council were past and published , for encouraging such who should import victual , for relief of the poor , under the then scarcity and dearth , which now are competently provided against , by the plenty of victual already imported , and the old victual yet in the countrey not consumed or spent : and there being likewise the prospect of a very good harvest , and plentiful cropt approaching . therefore we , with advice of the lords of our privy council , have discharged the foresaid proclamation , and act of council , and declare the same to be of no furder force ; and hereby ordain the collectors , and others imployed in uplifting and collecting our customs , to levy and collect the custom , excise , and other duties imposed upon victual imported from any forraign countrey : by sea or land , by whatsomever law , or act of parliament , and appoint them to be comptable to us therefore , conform to the laws made thereanent , as they were lyable to do before the said proclamation , or act. our will is herefore , and we charge you straitly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and to the remanent mercat-crosses of the head burghs of the several shires and stewartries within this kingdom , and there in our name and authority make intimation hereof , that none pretend ignorance . and ordains these presents to be printed . given under our signet at edinburgh , the twenty one day of july , and of our reign the ninth year , . per actum dominorum secreti concilii gilb . eliot cls. sti. concilii . god save the king. edinburgh , printed by the heirs and successors of andrew anderson , printer to the king 's most excellent majesty , act made at aberdeen the nynteenth day of aprill years scotland. convention of estates. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) act made at aberdeen the nynteenth day of aprill years scotland. convention of estates. foullerton, john. sheet ([ ] p.). forbes, younger], [aberdeen : . each act signed: iohn foullerton, i.p.c. place and publisher suggested by wing ( nd ed.) includes: another act made at aberdeen the twentyeth day of april years. reproduction of original in the aberdeen city charter room, (aberdeen, scotland). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng internal revenue law -- scotland. taxation -- law and legislation -- scotland. broadsides -- aberdeen (scotland) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion act made at aberdeen the nynteenth day of aprill years . there being been advertisement given to the whole commissioners of excyse of this shire , to have met here at this tyme , for setling the said excyse for an year , after the first day of may next , there hath but a very few of them conveened for that effect ; and these conveened , finding themselves not an competent number to conclude so weighty an effair , have therefore adjourned their meeting to the fifteenth day of may next , being the third tuesday thereof , at which tyme they resolve to settle the said excyse , be ferming , rouping , or any other way that shall be thought most expedient , be those of them who shall be then present . and requires the saids whole commissioners , to meet at aberdeen that day , be ten aclock in the forenoon , for setling the said annuity of excyse , for the ensuing year , which is expected they will doe , it being a matter wherein the good of the shire is so much concerned . withall intimating to all interested , that the commissioners will be then readie to accept of reasonable offers , of an ferming and rouping , and will give all suitable encouragement to those who shall offer upon that account , so that any person who hath an inclination to serve the shyre , and town of aberdeen in that effair , may be present at that tyme , furnished with sufficient and responsall cautioners . and in respect , that iames moncrief is shortly to come north , with a partie of horse , of his majesties lyfe-guard , to quarter upon the account of an arier the shyre is in ▪ to his majesties cash-keeper , these are requyring all the heritors , lyfe ▪ renters , brewers , and others who are deficient in any publick dues , to pay in their deficiencies to the collector , betwixt and the eight day of may next to come , that the shire in generall may be free of any quartering upon the account of their deficiencie , and ordains the collector to give up an impartiall list of the deficients names , and their deficiencies ( who shall not pay in against the said day ) to the said iames moncrief , that he may cause the said partie to quarter therefore , till satisfaction be made , be which the shyre may be in no future danger . and that none may pretend ignorance , the collector is appoynted to cause print and publish thir presents , at the severall parish kirkes of the shyre , the ensuing lords-dayes . sic subscribitur , iohn foullerton i. p. c. another act made at aberdeen the twentyeth day of april years . the earles of erroll and marischall , and sir iohn keith , three of the lords of his majesties privie councill , having met this day , with severalls of the commissioners of excyse of the shire and burgh of aberdeen , for putting in execution the lawes and acts made anent the pryces of rough-bear , ale , and drinking-beer . have with consent of the saids commissioners , in pursuance thereof ordained , and hereby ordains , that no malt-man nor brewer within the said shyre or burgh of aberdeen , buy nor sell any bear or malt of the cropt years , under the pryce of seven pounds scots the boll , the brewers having libertie to sel their ale at twenty pennies the pynt or to sell double or three shilling ale : with certification that the contraveeners names shall be given up to the privie councill , and they fyned and punished conforme to the acts of parliament and privie councill made thereanent . and appoynts thir presents to be printed , recommending to the magistrats of aberdeen , to cause publish and intimat the same to those concerned , within their burgh and freedom . and ordains the conveener of each parish of the shyre , to cause publish the same at the respective parish kirks the ensuing lords-days sic subscribitur , iohn foullerton i. p. c. given under the hand of collonell iohn foullerton of dudwick , preses to the said meeting . aurum reginæ, or, a compendious tractate and chronological collection of records in the tower and court of exchequer concerning queen-gold evidencing the quiddity, quantity, quality, antiquity, legality of this golden prerogative, duty, and revenue of the queen-consorts of england ... / by william prynne, esq. ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) aurum reginæ, or, a compendious tractate and chronological collection of records in the tower and court of exchequer concerning queen-gold evidencing the quiddity, quantity, quality, antiquity, legality of this golden prerogative, duty, and revenue of the queen-consorts of england ... / by william prynne, esq. ... prynne, william, - . [ ], , [ ], p. printed for the author by thomas ratcliffe, and are to be sold by edward thomas ... and josias robinson ..., london : . errata on p. [ ] at end. reproduction of original in cambridge university library. marginal notes. "an additional appendix to aurum reginae" ( p. at end) is lacking on film. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain -- history. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion this book having been perused and approved by sir robert atkins , sollicitor general to the qveens majesty , i think it fit to be printed . orl. bridgeman c. s. aurum reginae ; or a compendious tractate , and chronological collection of records in the tower , and court of exchequer concerning queen-gold : evidencing the quiddity , quantity , quality , antiquity , legality of this golden prerogative , duty and revenue of the qveen-consorts of england . the several oblations , fines out of which it springs both in england and ireland ; the queens officers in the exchequer to receive , collect , account to her for it , with their patents ; the lands , tenements , goods , chattels , persons liable to satisfie it ; the questions in law about it ; the kings title to the arrears thereof by the qveens decease ; the process by which it is to be levyed , and what else concerns it . with an addition of some records concerning our royal mines of gold and silver , and four patents of k. henry the . by authority of parliament , for finding the philosophers stone , to transubstantiate baser metals into solid real gold and silver , to satisfie all the creditors of the king and kingdom in few years space . by william prynne esq a bencher of lincolns-inne , keeper of his majesties records in the tower of london . rom. . . render therefore to all their due , tribute to whom tribute , custom to whom custom belongeth . london , printed for the author by thomas ratcliffe , and are to be sold by edward thomas at the adam and eve in little-britain , and josias robinson at lincolns-inne gate . anno . to the most illustrious princess katherine , queen consort to his sacred majesty charles the ii. king of england , scotland , france and ireland . it being the principal part of my solemn a oaths to the king your husband , as his subject and servant , that to my power i shall assist and defend all jurisdictions , priviledges , preheminences and authorities granted or belonging to the imperial crown of this realm ; i thereupon reputed it no sordid court-flattery , but a commendable bounden duty , to contribute my best assistance , not only to vindicate and defend the soveraign ecclesiastical iurisdiction of his majesty and our british , roman , saxon , danish , norman , english kings , against all usurpations , encroachments of popes and prelates , in several b folio volumes ; but likewise to endeavour to restore to your royal majesty in this small tractate , one of the antientest , royalest , richest civil prerogatives , duties , and casual revenues belonging time out of minde in england and ireland , ( by the laws , custom thereof ) to the queen-consorts of england , commonly stiled aurum reginae , or queen-gold ; which all your noble predecessors have successively claimed , if not enjoyed , from the time of our most renowned c queen helena , ( wife to constantius , and mother to the famous christian emperor constantine the great , born and proclaimed emperor in this our island ; the first christian queen , empresse in the world , canonized as a saint for her transcendent piety , charity , munificence to propagate the true christian faith ) till this present age . in which , as some of the richest veins of this gold mine have been quite cut off from the crown by d two late acts of parliament , abolishing and taking away the court of wards , wardships , tenures in capite , and writs to receive the order of knighthood , with all fines and oblations arising from them , out of which queen-gold was constantly due , paid in all former ages ; so the remaining branches thereof are in great danger to be totally , yea finally lost and buried in oblivion , not only to the grand dishonour , prejudice of your majesty , and all succeeding queen-wives of this realm ▪ but also to the e exheredation of the king and his successors , ( from whom this prerogative-duty originally springs , and to whom all the arrears of queen-gold accrue after f queens deceases ) if not speedily claimed , revived , recovered by your majesty for time to come , though perchance necessary , or convenient to be pretermitted and remitted for time past . if these collections of records , published in their original dialects , to evidence and vindicate your majesties undoubted right to this just legal debt , ( which i most humbly present to your royal hands , as a voluntary oblation , and freewill-offering ) shall prove instrumental to yield any assistance towards the recovery of , and re-adorning your royal crown with this golden globe , now severed from it ; or the enriching your wardrobe with this gold fleece , or to the advancement of your majesties honour and glory , it will be a sufficient recompence to , your majesties most humble devoted servant , william prynne . to all ingenious readers , especially professors and students of the common laws of england . gentlemen , i here present to your view , and candid acceptation , a compendious tractate , and chronological collection of such records in the tower of london , and exchequer court at westminster , which concern the antient royal prerogative , and lega● duty of queen-gold , belonging time out of minde to all our queen-consorts both in england and ireland , whereof there is rare or little mention in any printed law-books , except sir edward cooks posthumus a reports , and b institutes ; wherein he hath over-much clipped this gold coine , and mistaken or misapplied some records that concern it , as he hath done in sundry other particulars i have c elsewhere discovered , to the misleading of those of his profession , and other readers who through ignorance , laziness , or over-much credulity , vouch and cry up his misquoted , mistaken , or misapplied records and antiquities , ( which he had little leisure to peruse himself ) as undoubted verities , and infallible oracles . all the records here cited i have carefully perused and examined with my own eyes , except only those few i have quoted out of mr. william hakewils treatise , w. b. and mr. attorney herberts collections of queen-gold , the rolls and numbers whereof are either mistaken in the years , or the writs , records themselves mislaid , or lost , being not to be found at present , upon my search after them in the several treasuries and offices in the exchequer ; wherein i was much assisted by mr. hall , mr. burnet , mr. fauconbridge , and other clerks and officers of that court , who communicated their notes of this subject to me , and will be both enabled , encouraged by this publication to a further scrutiny after this gold ore , as well in the neglected files of writs , and baggs of accounts , as rolls in their respective offices , into every of which i had yet no leisure exactly to search . my principal end ( next to the discharge of my sworn duty to his majesty , and service to his royal consort the queen ) in compiling and publishing these ( as well as * former ) collections of records , was to discover and communicate some over-long concealed branches of the antient common law of england , ( and more particularly those relating to the duty of queen-gold ) to the students and professors thereof , unknown to the majority of them , being generally unacquainted with our best , antientest records ; wherein the most publick , usefull parts , arteries of the laws of this realm , as the summons , acts , proceedings , judgements pleas , priviledges , jurisdictions of our english and irish parliaments , and all other courts , and grand officers whatsoever , civil , ecclesiastical , naval , or military ; the soveraign rights , titles of our kings to the crowns , and all crown-lands of england , scotland , ireland , wales , france , normandy , aquitain , gascoign , britany , the isles of oleron , jersy , gernsy , alderny , serke , man , anglesey , scilley , lundy , and to the british ocean ; the several prerogatives , royalties of our kings , queens , princes of wales , and coun●y palatines ; the militia and defence of our realms by land or sea ▪ the successions , endowments , revenues , priviledges , salaries of our archbishops , bishops , abbots , priors , judges , officers of all sorts ; the charters , foundations , confirmations , franchises of all kinds of corporations ; the appropriations of churches ; the creations , pedigrees , tenures , lands , services , fairs , markets , parks , chaces , warrens , royalties , customs , revenues of most of the english , irish , scotish nobility and gentry ; the bounds , perambulations , assarts , deafforrestations of all forests , chaces ; the mints , stanneries , mines , coine , trade , exchanges , merchandize , government of england , scotland , ireland , and isles belonging to them ; the treaties , leagues with foreign kings , states ; sundry rare excellent writs , prohibitions , proclamations , inquisitions , commissions , charters , letters of our kings to foreign emperors , kings , states , popes , cardinals , and their letters , bulls to them concerning state and church affairs ; cases , appeals , and matters of common , martial , marine law , law of merchants concerning reprisals , depredations , arms , heraldry , and whatever else may conduce to make heroick studious spirits accomplished lawyers , heralds , historians , statesmen , are comprised and rolled up in obscurity in our over-much neglected records ; upon which account our kings have had special care to preserve them as sacred , and their best , richest treasures , in the * tower of london and other places of greatest security . if these collections shall excite any gentlemen of my profession or others , to a more industrious search , study of records , or contribute any addition to the dignity , splendor , amplitude of our common laws , ( the grand supporters , preservers of the crowns , scepters , royalties of our kings and queens , as well as of the subjects liberties , properties , lives ) i shall repute my pains and cost sufficiently recompenced , and be thereby encouraged through gods assistance , to voluminous publications of records of another more general usefull subject , wherein i am engaged , for the honour of our english kings , kingdom , church , nation , laws , against all foreign and domestick usurpations on , or underminers of them . from my study in lincolns-inne march . . william prynne . a compendious tractate concerning avrvm reginae : the proeme . observing in my perusal of ancient records in the tower of london , and kings court of exchequer at westminster , many remarkable patents , writs , cases , passages , resolutions , and some accounts concerning the most ancient , eminent benefical royal prerogative of the queen consorts of england , stiled avrvm reginae , or queen-gold ; conferred on their majesties by the lawes of england as an honorary contingent revenue , inseparably annexed to their persons by virtue of their marriage to our kings , intituling them to this , and a sundry other regalities , prerogatives , frequently mentioned in our records and law-books : yet finding no mention nor discourse concerning avrvm reginae in sir henry spelmans glossary , or any printed volume of the common law , except only in sir edward cooks posthumus b twelf part of his reports , ( published in a time of anarchy ) wherein he cuts off several rich veins of this gold mine , contracting it into such diminutive narrow limits ( not warranted by the records there briefly quoted ) as render it inconsiderable , unworthy the title of a royal prerogative , or the claim , receit of any future qu●●n consorts , notwithstanding their undoubted right , title to this golden duty , which he doth ingenuously acknowledge . upon this account , i apprehended , i could not perform a more acceptable , loyal service to the kings and queens of england , or communicate a more desirable piece of antiquity , law to the students or professors of the common law , then to present unto their view , this summary chronological collection of those rare records i have met with , which most perspicuously evidence the quiddity , quality , quantity , antiquity , legality of this royal duty of queen-gold ; the fines or mines out of which it springs , the officers , and processe in the kings exchequer by which it was anciently received , levied , accounted for to the queen consort whiles living , and to the king himself after her decease ; with other particulars that concern it , necessary for the exact discovery , knowledge , recovery of this long discontinued concealed treasure , and reducing this old golden fleece into our new queens wardrobes and cabinets . in order whereunto i have here briefly digested all i yet know that concerns this subject into these . ensuing sections . section i. what aurum reginae is , as to its quiddity , quality , quantity , or proportion . the first thing i shall present you with , is , a brief definition of aurum reginae , as to its quiddity , quality , quantity , or proportion . aurum reginae , is a royal debt , duty , or revenue , belonging and accruing to every queen consort , during her marriage to the king of england , ( both by law , custom , and prescription time out of minde ) due by every person of what quality or calling soever within the realms of england or ireland , who hath made a voluntary oblation , obligation or fine to the king amounting to ten marks or upwards , for any priviledges , franchises , dispensations , licenses , pardons , grants , or other matters of royal grace or favor conferred on him by the king , arising from and answerable to the quantity of such his oblation or fine ; to wit , one full tenth part over and above the intire fine or oblation to the king ; as one mark for every ten marks , and ten pounds for every hundred pound fine , and so proportionably for every other sum exceeding ten marks ; or one mark of gold to the queen for every . mark fine in silver to the king : ( being both one in value and proportion ) which summe becomes a real debt and duty to the quéen by the name of aurum reginae , by and upon the parties bare agreement with the king for his fine , without any promise to , or contract with the king or queen for this tenth part exceeding it , which becomes a debt on record to the queen by the very recording of the fine . this definition or description of aurum reginae the following records in the . section will both explain and confirm in all its branches ; to which for brevity i referr you . sect . ii. why it was originally and till this day , stiled aurum reginae . the true reasons ( as i apprehend ) why it was originally stiled aurum reginae were two ; first , because gold being the queen , best , chiefest , purest , richest , fairest , durablest , most desirable of all other metals , as c philosophers , and d divines assert , though paid with a greater proportion of silver to our queens or kings , gave the name or denomination of gold to the intire summe , according to the received maxim , denominatio sequitur meliorem partem ; to which that of horace may be applied . e et genus et formam ( gold ) regina pecunia donat . ly . because anciently many , if not most voluntary oblations , fines made to our kings , and particularly this duty of queen-gold to our queens , were paid in gold , either in masse by weight , or in coyn , as the fine and pipe rolls during the reigns of king john , henry the . & . and edward . abundantly testifie . i shall instance only in some fines to the king , ( there being hundreds of the like nature ) since other records in the th section will evidence this duty to our queens to be paid in gold ; whereupon it was called aurum reginae . in the fine roll of h. . m. . in the tower : adam de sumery dat . regi dimid . marc . auri pro habendo respectu de milicia sua . solvit p. chaceper . et quietus est . willielmus fil . odonelli dat regi pondus duorum solidorum auri , pro habendo respectu de milicia sua . walterus de burys dat regi sex bizanc . ( f besants , a gold coin made at bizantium of the value of a golden noble ) then frequent , and currant in england and other parts , especially among the jews and saracens , and often mentioned in our records , g histories ) pro eodem respectu ( militiae ) habendo . thomas de weseham cirurgicus regis , dat . regi . talenta ( viz. auri ) pro quadam carta habenda . richardus de munfichet dat . regi decem marc. auri , de quibus solvit duas marc. in garderoba regis pro habenda balliva sua forest● quae cap●a fuit in manum regis . et de residuis octo marc. auri , rex concessit ei , quod reddat ei . marc. ad pasch . an. . et . marc. ad festnm s. michaelis prox . sequens . there are hundreds of like presidents in this and other h fine rolls . neither was this the usage only of england , but of most other countries , to present kings , and pay them their tributes , rents , customs , fines in gold , the king of all other metals ; therefore most apt , congruous for their royal majesty , whose heads were usually adorned with i crowns , their hands with k scepters of pure gold , and their l queens arrayed in vestures of gold ; as * emblems of their royalty . upon this ground , m hyram king of tyre , and the n queen of sheba , presented king solomon with sundry talents of gold ; who had likewise o coming to him every year the weight of . talents of gold , besides that he received of the merchant men , and all the kings of arabia , and governors of the country in customes and rents : whence solomon p stiles gold , the peculiar treasure of kings : upon this account q king david , and r isaiah , prophecying of the kingdome and regality of christ , used these expressions ; the kings of tharshish , and of the isles shall bring presents , the kings of sheba and seba shall offer gifts , &c. and to him shall be given of the gold of sheba . all they from sheba shall come and shall bring gold and incense . literally fulfilled by the ſ wise men who came from the east by the conduct of a starre to worship our saviour christ when born king of the jews : who comming into the house where he was with his mother , they fell down and worshipped him : ( not his mother , as the t romanists erroniously do , yea as much or more than him ) and when they had opened their treasures , they offered unto him ( not her ) their gifts , gold , frankincense , and myrrhe . on which u st. cyprian hath this memorable observation . primitiae gentium sacramentalia munera proferunt de thesauro , profitentes ex ratione munerum de eo quem adorabant , quid credebant . in avro regem , in thure sacerdotem , in myrrha incorruptibilem quam●is passibilem profitentur . moreover , the sacred story records , that x sennacherib king of assyria put hezechiah king of judah to a fine or tribute of . talents of gold , to satisfie which , he cut off the gold from the doors and pillars of the temple , and gave it to the king of assyria ; after which pharaoh necho king of egypt put the land to a tribute of talents of silver , and one talent of gold , y ( proportionable to aurum reginae ) which king jehoiakim gave him , z exacting the silver and gold afterwards from the people of the land , from every one according to his taxation ; and that by way of fine or composition for their rebellions against the king of assyria and pharaoh necho . in brief ▪ as the a kings of england by their prerogative royal have all mines of gold in whose soil soever they are found , annexed and appropriated to their crownes ; whence they were stiled royal mines ; so this duty being a golden mine united to the persons , crowns of the queen wives of england , and for the most part paid in gold , was stiled avrvm reginae . sect . iii. the antiquity , legality , and reasonableness of aurum reginae . the next thing to be inquired into and evidenced , is the antiquity , legality , and reasonableness of this duty of aurum reginae ; which i shall but briefly touch , because the ensuing records ( sect. . ) will at large demonstrate it . it s antiquity will best appear by the first record and discourse i have yet discovered concerning it ; viz. the learned dialogue of gervasius tilberiensis , nephew to our k. henry the . and an officer under him in his court of exchequer ; of whom b john bale bishop of ossory renders us this character . gervasius tilberiensis , henrici secundi anglorum regis nepos , vir non mediocriter eruditus ; literarum titulo bonarum insignis , &c. this dialogue of his contains the foundation , constitution , jurisdiction , officers , proceedings of the court of the kings exchequer in that and former ages , being reserved therein as a most eminent record , and directory for the proceedings thereof , stiled by most , * the red book of the exchequer ; wherein there is a particular chapter and discourse de auro reginae , ( which i shall present you with in its proper place ) not as a prerogative or duty introduced , established in that age , but belonging to our queen-consorts time out of minde , as ancient as any debts or duties belonging to our kings , and coaeval with them . to which i shall only subjoyn the writs of king edward the d. directed to the barons of his exchequer on behalf of queen philip , term. pasch . an. regni sui . and to his justices , treasurer and chancellor of ireland , an. regni sui . for levying this debt and duty for her use in ireland as well as england ▪ which recite ; that aliae reginae praedictum aurum illud recipere consueverunt totis temporibus retroactis : ipsaque et omnes praedecessores suae reginae angliae habere et percipere consueverunt , de tempore quo non extat memoria , de auro reginae unam marcā de singulis decem marcis omnium finium nobis in curiis nostris , tam in anglia quam in hibernia , factarum . this duty hath been accordingly claimed , enjoyed by all queens since , till the reign of king edward the . who dying before marriage , and his sisters qu. mary and qu. elizabeth succeeding him in the throne , there being no queen-consorts during their three reigns ; this duty was suspended for above sixty years together ; but then claimed by queen anne , the next queen consort , and to jacobi , upon a reference by the king to some judges , c resolved to be her undoubted right ; and since claimed by queen mary , as her due prerogative . the reasonableness and justice of it , will best appear by the original grounds and reasons thereof : which i apprehend to be three . first , the extraordinary conjugal love , affection , honor , which our kings of england did usually bear , and really expresse to their royal queen consorts upon all occasions , which induced them to confer this profitable , as well as honourable prerogative of queen-gold on them , to be received as a debt or casual gold-revenue from all their subjects to whom they extended or dispensed any regal grace and favor , that by this royal perquisit they might furnish themselves with rings , jewels , vessels , * vestments and other ornaments of gold , fit , necessary for their royal state and majesty . for , as d vlpian the ancient famous civil lawyer informs us concerning the roman empresse , augusta licet legibus soluta non est , principes tamen illi eadem privilegia tribuunt quae ipsi habent . quodcunque privilegii fisco competit , hoc idem et caesaris augusta habere solet ; is true of our english queens , who in the antientest and later times of our saxon kings , or before , and ever since , were not only crowned , anointed , and sat with the kings in their seats of state ; but had divers prerogatives allowed to them by our kings & laws ; and † anciently the queen wife had a revenue of queen-gold , or avrvm reginae , as the records call it ; that is , the tenth part of so much , as by the name of oblata , came to the king ; as mr. selden truly observes . ly . the frequent mediations and powerful intercessions of queen consorts to our kings in most grants of honors , offices , licenses , franchises , priviledges , pardons , &c. to their subjects , out of which this duty of aurum reginae accrued to them ; which being commonly procured , or their fines moderated , much abated by their * royal mediations ; the subjects therupon for these their favors , by way of gratitude and justice , held themselves obliged to present them with so much gold as amounted at least to one tenth part over and above their intire moderate fines , which they voluntarily proffered & agreed to pay into our kings coffers : and in case of their ungrateful neglect thereof , they were by the custome , justice , and law of the realm enforced to pay it , by legal processe and executions issued out against them . the rather , because in many copyhold and other manors of this realm , the wives or ladies of the land-lords , did and still do both claim and receive from the copyhold and other tenants upon the renewing or changing of leases or estates , a gratuity or summe of money proportionable to their fines , over and above the intire fines paid unto their husbands as land-lords , upon the self-same reason ( of favor and mediation ) as our queens claim their queen-gold . ly . the due honor , gratitude , and munificence which all faithfull subjects ought to exhibit to the kings beloved consort , when they received any special grace , grant , priviledge , benefit , office , or pardon from the king , ( the king and queen being but one flesh , person in law in some respects ) excited , engaged them both in duty , gratitude , honor to the king , queen , and likewise out of self-interest to present the queen with a piece of gold proportionable to their fines , and benefits received ; who by their chearfull , gratefull payment of her aurum reginae , obliged her to become their future mediatrix and advocate to the king upon all occasions for the enjoyment or continuance of their former indulged grants , offices , liberties , pardons , and for the procuring of new upon any emergent occasions ; that of the poet ovid in another case , holding true in this ; e — auro conciliatur amor . this aurum reginae arising only from oblations or fines that are voluntary , not enforced , being an ancient , customary , legal , known duty time out of mind , it can be no unreasonablenesse , oppression , injury or injustice in the present queen consort or her successors to claim , demand and receive it , no more then in their predecessors , it being a received maxime in law , volenti non fit injuria ; and a precept of the law and gospel too , f render to all their due , especially to kings , queens , and the higher powers . sect . iv. for what fines and oblations to the king aurum reginae ought to be payd to the queen , and for what not . for what sort of fines and oblations to our kings , this aurum reginae ought by law and custom to be paid to their queen consorts , and for what not , the ensuing records , writs , accounts , ( sect. . ) will fully inform & resolve us . in brief , aurum reginae , is due and payable for all fines and oblations of ten marks or upwards ( after the rate and proportion of one mark to the queen for every ten marks due or paid to the king ) for all licenses of alienation of lands held in capite of the king ; all licenses to appropriate churches , or alien lands , rents , tenements in mortmain ; for the kings widowes , or wards to marry to whom they please ; and for all fines for pardons of such alienations or marriages made without the kings precedent license ; for all fines to the king for grants of the body , lands , or marriages of his wards : for the custody of abbies , priories , monasteries or bishopricks during their vacancies , by those who sued and paid fines for them ; for liberty , or licenses to hunt the hare , fox , cat , boar , wolf or badger ; or to enclose or fell woods , or plough or assart lands within the kings forests ; for fines for respiting , or not receiving the order of knighthood : for not going , marching with the army of the king to his wars when bound by tenure ; for fines for all charters , patents creating , granting , confirming corporations , tenures , honors , dignities , offices , lands , markets , fairs , priviledges , liberties , chases , parks , free-warrens , wrecks , waifes , strayes , felons goods , free fishing , or other royalties , immunities , exemptions from tallages , tolls ; murage , pontage , services in juries , assises , or publike offices ; and for all fines for new patents to confirm , alter , or enlarge all or any of the premises ; for fines for pardons , or remissions of all sorts of trespasses within forests or elsewhere , or for breaches of the peace , frauds , deceits , concealments , felonies , manslaughters ; for fines for the restitution of lands , liberties , offices , goods , chattels , merchandizes forfeited to or seised by the king ; for saving the lives of persons condemned to die ; for breaches of , or dispensations with penal lawes ; for fines for indenizations of aliens ; or protections , safe-conducts granted to them ; for fines , ransoms of jews for their offences , as well as of christians ; and for all other fines of like nature with those here enumerated , mentioned in the fine and pipe rolls , and . section . on the other hand , aurum reginae is not due or payable for any subsidies , aides , quindisms , tonnage , poundage , voluntarily granted to the king by the lords & commons in parliament , or disms by the pope or clergy , for the necessary defence of the kingdom or church of england , or holy land , or for fines for respite or remission of their payment at the times limited , as most conceive : nor for fines imposed , and ascertained by judgement of the court against the offenders wills , not left indefinite to the kings pleasure , and parties subsequent composition or agreement ; nor for voluntary fines or oblations of palfries , hawks , tuns of wine , or the like to the king , either alone , or joyntly with any certain sum of money , ( as of d . marks or pounds in gold or silver , and of one , two , three or more palfries , hawks , or tunnes of wine , frequent in all ancient fine and pipe rolls : ) because these were not money , nor apportionable , and their rates , values being * uncertain , variable , our law could set no certain rate or proportion on them , nor any processe be legally issued to levy them . sect . v. what interest the queen-consorts have in their queen-gold . by what officer it is to be received . by what processe to be levyed when unpaid ; and on what lands , goods . to whom the arrears there of accrue after the queens death . this duty of aurum reginae is so absolutely vested in the queen , that although the king himself should pardon or remit all or any part of his fine to the party by which it became due to the queen , yet he could not pardon , remit , nor apportion this duty to his queen , nor respite the process to levy it , without her own consent : and if the king her husband deceased , this debt survived to the queen , and was leviable in the reign of the succeeding kings not withstanding , by like processe as before . this duty or revenue was received , collected , levyed by a special officer , or clerk in the court of exchequer , authorized and appointed by patent from the king , or queen , or both of them , to receive , collect , levy , and render an account there of in that court. if this duty was not voluntarily paid , it being a debt grounded on and warranted by matter of record , as the fine rolls in the court of chancery , or extracts , pipe-rolls in the exchequer , wherein the oblations , fines out of which it arose , are enrolled ; it was levied by writs of extent or execution issued out of the court of exchequer to the sheriffs , in the self-same manner , form as the kings debts were , next after the kings own debts , but not before them : and that upon the debtors lands or goods which he had at the time when it first grew due , or upon his sureties in case he had no lands nor goods to satisfie it . if the queen-consort deceased , all the arrears of this duty accrued and survived of right to the king her husband , if living ; and to his successor , if dead : who levied them by processe out of the exchequer , as they did their other proper debts . sect . vi. a chronological collection of the principal records , patents , writs , accounts , in the tower of london , and court of exchequer at westminster , concerning aurum reginae ; with brief observations on them . having rendred you this summary account of this duty of aurum reginae , and of the several materials , circumstances that concern or relate unto it in general and special , i shall in this last section present to your view , a chronological collection and transcript of all the principal records , patents , writs and accounts extant in the tower of london , and court of exchequer at westminster , which have hitherto come to my view , with some brief observations on , and from them : which will copiously evidence , justifie , ratifie the truth of what i have asserted concerning aurum reginae in the premised sections , and display what else may conduce to the full discovery or knowledge of this abstruse , over-long-concealed , discontinued prerogative of the queens of england to all those who desire information or satisfaction therein . i shall begin with the ancientest , and so descend ( in order of time ) to the last records and memorials of this subject ; referring each of them by figures , to the premised sections so farr as they prove , evidence , confirm or illustrate the contents thereof . the first and most memorable record i have yet seen , which both mentions and treats of aurum reginae , is a dialogue or treatise enrolled in the red , and black book of the kings exchequer at westminster , ( whereof there is a fair transcript in lincolns inne library , given to it by our famous antiquary mr. will : lambard , a member of that society , an. . ) intituled , gervasii tilberiensis , de necessariis scaccarii observantiis , dialogus , dedicated by him to k. henry the . in the . year of his reign , ( as himself relates in his proeme ) ) anno domini . in the second part of which dialogue , cap. . ( ) de auro reginae , he renders us this exact account concerning the quiddity , quantity , quality , legality , and manner of levying this duty in the exchequer in that and former ages ; per consuetudines et iura scaccarii , as his proeme informs us . i shall present you with his intire * dialogue concerning this duty . ad haec noverint hi ( ) qui in pecunia numerata regi ( ) sponte obligantur , quod reginae similiter tenentur , licet expressum non fuerit . quamvis enim non sit expressum , est tamen promisso compromissum . vt , cum regi centum vel ducentas marcas promiserit , reginae pariter teneatur pro centum marcis argenti regi promissis , in una marca auri , pro ducentis , in duabus marcis auri ; et st● deinceps . in his autem perquirendis ( ) eadent lege vicecomes per omnia utetur qua in regiis usus est , non tamen ante , sed post . cum ergo de regiis debitis summonitiones fiant , ( ) adest clericus reginae ad hoc constitutus . et addit in summonitione , de illo has centum marcas pro causa illa , et ad opus reginae unam marcam avri. summonita autem ad scaccarium ab eius officialibus ad 〈◊〉 i●●titutis seors●m suscipiuntur . noveris etiam , quod ( ) llicet rex de promissa s●bi summa mediam partem dimiserit , vel universam , v●l etiam summonere dis●ulerit , de his tamen quae ad reginam pertinent , s●cundum quod sibi visum fuerit , per omnia fiet , ut ea nolente , nec dimittantur , nec differentur , quae sibi debentur , sed summonita solbantur , et non solventes praedicto modo coerceantur . discipulus . nunquid de promissis regi citra centum marcas , aliquid reginae debetur ? magister . quibusdam sic videtur , ut ( ) usque ad decem marcas teneatur : ut scilicet , is qui regi decem marcas promiserit , in una uncia auri reginae teneatur ; aliis non , nisi de centum , et supra , ab initio promissis . de his igitur ad praesens cum modestia , quia ( re nondum terminata ) suspensa resolutio est . litigat sane de his pars reginae cum debitoribus , et adhuc sub iudice lis est . de * misericordia ( ) iudaeorum , et de redemptione monetariorum ( for falsifying , clipping and abusing the kings coin ) sicut desponte oblatis dictum est , sua portio secundum formam praedictam reginae debetur . discip . nunquid in pecuniariis & sponte oblatis , clerici & laici sine differentia coerceantur ? magister . in sponte oblatis , apud omnes lex una servatur , ut sive clericus sit , sive laicus , qui non solvend● fuerit , donec satisfecerit careat impetrato . observatur etiam idem in omnibus aliis quae quovis pacto regi debentur , &c. to which i shall subjoyn this passage in his dialog . . c. . quid de sponte offerentibus faciendū cum & ipsi non solvunt ? ( the queens gold arising out of such oblations . ) * noveris igitur quod oblatorum regi , quaedam in rem , quaedam in spem offerentur . in rem quidem offerri dicimus , cum oblatum à rege suscipitur , & offerens consequenter , pro quo obtulit à rege suscipit , vt si quis pro libertate aliqua , profundo , vel pro firma , vel pro custodia cujusque qui minor est aetatis usque ad annos legitimos habenda , vel pro quovis alio quod ad suam utilitatē vel honorem accedere videatur , sponte regi centum libras , vel centum marcas offerat , et assentiente regi , statim post oblatum suscipiat optatum . de his qui spontè se obligant , & qui conventionem cum principe factam , possidere jam ceperint , lex nostra decernat , ut quamdiu solvendo fuerint , indultis sibi beneficiis gaudeant , & utantur . quod si de regis debito summoniti , solvere desierint , statim careant impetratis ; ut si manente scaccario super eadem satisfecerint , oblata omnia sine molestia restituantur . in spem verò dicantur offerri , cum quis exhibendae sibi justitiae causa super fundo vel redditu aliquo regi summam aliquam offert , non tamen ut fiat ( ne in nos excandescas , & venalia penes eum justiciam dicas ) immò ut sine dilatione fiat , &c. from this record and discourse concerning queen gold , ( stiled in subsequent records in the exchequer , an ordinance and statute , ) to which the barons and queens officers had recourse in succeeding times in cases concerning aurum reginae , i shall observe . . that aurum reginae was a debt , duty , revenue belonging to the queen-consorts of england by the law , custom of england time out of mind , long before the reign of king henry the . the beginning whereof is altogether u●known . but if i conjecture aright , it had its original , not from the a earls , dukes of normandy , who were no kings , nor their wives queens , ( and so could neither create , nor denominate this royal prerogative of aurum reginae ) but from the roman emperors , whose wives had the titles of b augusta , & diva augusta , as the emperors had of augustus & divus augustus , and the same priviledges with the emperor ; and that our famous queen helena daughter to king coell , wife to the emperor constantius who kept his imperial court , and died at yorke , where he begate the most renowned christian emperor constantine the great on the body of this first christian queen and empresse in the world , ( canonized afterwards for a c saint for her piety , bounty to the church , and finding out the holy crosse whereon christ was crucified ) was the first who enjoyed this royal duty , whereof she was most worthy , and being stiled d regina as well as augusta , might well derive the name of aurum reginae thereunto . this munificent queen , as she built the walls of london and colchester , as our e henry huntindon stories , so f nicephorus callistus , g petrus ribadeniera , h capgrave , and others relate , that she built three magnificent temples in the holy land , the first near mount calvary , in the place where she found the crosse whereon our saviour christ was crucified : the second at bethlehem , where he was born : the third upon mount olivet in the place from whence he ascended into heaven ; besides churches and oratories more in other places , which she endowed with rich gifts ; giving likewise large alms to poor people ; so large was her revenue , ( whereunto it is probable this duty of aurum reginae made some addition . ) to which i nicephorus subjoyns , quam ob causam , condigna etiam à deo accepit praemia : etenim in praesenti hac vita ea est consequuta , ut praestantius quidquam nemo ei accidere potuisse putaret . nam augusta renunciata est , et nummos aureos sub effigie sua procudit , ( a badge or emblem of aurum reginae ) imperialibusque thesauris in potestate sua redactis , pro arbitrio suo est usa ; as our queens use their aurum reginae : which if i mistake not , had its original in and from this our glorious queen and empresse , as both the roman emperors , and also our kings of england derived their golden crowns from the emperor constantine her son , as k mr. john selden proves at large in his titles of honor. ly . that aurum reginae is due to the queen out of all sums of mony or fines voluntarily offered and assented to by the king for any liberty , lands , farm , custody , wardship , or other thing redounding to the parties profit or honor , and for fines for speedy justice , amounting to , or exceeding the sum of . marks : which though then a point unresolved , disputed between the queens officers , and those who were to pay this duty ( who pretended it not due , unlesse it were a fine of marks or more ; ) yet it was soon after and ever since frequently resolved to the contrary , as the subsequent records will inform us . ly . that the proportion of aurum reginae , is one mark of gold out of every hundred marks of silver due to the king ; that is , one full tenth part over and above the intire oblation or fine to the king ; to wit , one mark for ten marks , and ten pounds for every hundred pounds , without any deduction from , or diminution of the kings oblation or fine , from which it is distinct ; and so proportionably for any other sum above marks . ly . that at the same instant when any party makes a voluntary oblation or fine to the king , he becomes an actual debtor for this aurum reginae , to the queen , by the law and custom of the realm , though it be not expresly promised nor agreed . ly . that the queen is to have her special clerk or officer in the exchequer , to receive and recover this duty for her use . ly . that the processe for the recovery thereof , if not voluntarily paid , ought to issue out of the kings exchequer , in the same course and manner as processe doe for the kings own debts ; yet so , that the kings processe shall be first served before the queens . ly . that although the king release part , or all of his debt , or respite processe for the levying thereof , yet this debt of aurum reginae shall not thereby be discharged , diminished , nor its levying deferred , without her special consent . ly . that aurum reginae is due as well from clergymen as laymen ; and out of the fines of jews , and other clippers , falsifiers of the kings moneyes , as of christians and other trespassers put to fines and ransoms at the kings pleasure , or who make fines with the king to pardon their lives , when condemned to die , or to restore their seised or forfeited estates for their offences against him . the first record since king henry the . wherein i find mention of aurum reginae , is in the roll of oblata in the tower , in the very first year of the reign of king john. prior sanctae fredeswich . dat . domino regi marc . pro habendis communibus libertatibus , sicut dominus rex concessit abbati de lilesull , & pro habenda inde carta domini regis t. in scaccario sancti michaelis m. in scacc. pasch . m. s. à templarus usque priorem de fredeswich ( ) computante ipso priore m. s. & . d. de auro reginae . the next in time , are these two records in the clause rolls in the th years of his reign . rex baronibus , &c. mandamus vobis , quod de auro reginae quod com. de ferrariis nobis debet pro ( ) fine terrarum suarum de esseburn & wirkesworth , & de hecham , recipietis ab eo . marc . ad scac. sancti michaelis , anno &c. . & ad scac. prox . sequens , . mar . & ac scaccarium michaelis prox . sequent . marc . ita tamen quod ipse nobis reddat ad hoc instans scac. paschae anno , &c. . quicquid nobis debet de auro illo ultra praedict . marcas . teste meipso apud suhampton . die aprilis . peripsum regem . rex , &c. baronibus de scaccar . salutem . sciatis , quod pardonavimus girardo de rominal quatuor marc. auri , de auro reginae quas debuit de debito patris sui . et ideo vobis mandamus , quod eum inde quietum esse faciatis . teste meipso apud dertemu . die junii . the next i meet with is this of the th year of king john. rex , &c. baronibus , &c. sciatis , quod volumus , ut de caetero , reddatur aurum reginae ad scaccarium nostrum , quod inde audiatis compotum , sicut de aliis debitis nostris ; et quod fidelis noster ( ) alexander de refham custodiat rotulos , et intromittat se de auro reginae exigendo . et ideo vobis mandamus , quod eident alexandro officiunt illud habere faciatis , & ad diem competentem audiatis compotum alexandri de lucy , de recepta sua , quam habuit de auro reginae de tempore quo illud officium habuit . mandamus etiam vobis , quod ( ) omnes terras , quas jollanus de amundevill . habuit tempore quo ipse mutuo accepit debita de aron judaeo , capiatis in manum nostram , quicunque illas teneat , pro l. quas ipse nobis debuit de debito aron , &c. ( the residue of the writ being for the levying of other debts . ) teste meipso apud hereford . die novembris . in the great rolls in the pipe office in the exchequer at westminster , i found these several records , memorials and accounts of queen-gold during the reign of king john , an. johan . regis . com. berks , sub titulo aurum reginae . abbas de redinges reddit compde l. de fine . marc . pro habendo eo quod defuit de hundredo suo de redinges , toto tempore habendo quo fuit in manu regis . in eodem rotulo . gloucestr . sub titulo amerciamenta , idem vicecomes ( gloucest . ) reddit compotum de . marc . de iudaeis de bristow pro auro reginae . ibidem . essex , hertford , in dorso : sub titulo aurum reginae , radulfus de hordings reddit compot . de ( ) . marc . & s. pro eodem , in the sauro dimid . mar . debet mar . & s. willielmus morant reddit comp. de mar . pro dimid . mar . auri de ( ) fine suo superscripto . marc . pro habend . terra sua . ibidem . somerset , dorso , sub tit . aurum reginae . gulielmus cusin & johanna uxor ejus reddunt compotum de . marc . pro eodem , with . sums more . in magno rotulo de anno undecimo regis johannis in scaccario , in essex . & hertford . ( inter alia ) continetur ut sequitur . avrvm reginae . caleb de tama redd . compotum de m. & di . m. pro eod . in thesauro m. et deb . m. & di . rad. de hosdeng reddit compot . de m. & s. de eod . in thesaur . di . m. et deb . m. & d. aurum reginae . henr. de palerne r. comp . de m. de eod . in thes . di . m. et deb . m. & di . dewlebenie de cicestr . r. comp . de s. de eod . in thesauro s. d. et deb . s. & d. aurum reginae . robertus de archis r. comp . de marc . de eod . in thes . di . m. et deb . s. elyas grossus r. comp . de s de eod . in thes . liberavit . et quietus est . benedictus de cantebr . r. comp . de s. de eod . in thes . s. et deb . s. elyas fil . gentil r. comp . de m. de eod . in thes . di . m. et deb . di . m. byenl●rienge judaeus r. comp . de m. de eod . in thes . . m. et deb . m. in magno rotulo de anno regis johannis , in custod . clerici pipae , inter alia continetur ut sequitur . aurum reginae . robertus de albeneio l. pro marc . & di . auri pro relevio . willielmus de bello campo , marc . pro m. auri pro relevio . dunecan de lascell l. & s. pro un . m. auri . & quant . pertin . ad m. pro relev . walter . de traili m. pro m . auri pro eod . aurum reginae . jacobus de novo mercato m. & di . auri de relevio patris sui , & fratris sui , & relev . suo . henr. luvell m. auri de relev . suo . willelmus de curtenai . m. & di . auri , pro relevio . willielmus de warblinton . m. pro . m. auri de auro reginae . galfr. de luvere debet . m. & di . pro auro reginae , scil . non debet summon ' quia nihil tenet in capite de rege . oliverus de punchardin . debet . m. pro eod . in magno rotulo de anno regis johannis in custod . clerici pipae reman . inter alia continetur ut sequitur . aurum reginae . williellmus de warblinton debet m. de eod . oliver . de punchardin debet . m. de eod . aurum reginae . rob. de albeneio , redd . comp. de l. de eod . in thesauro l. & d. et debet s. & d. willielm . de bello campo , redd . comp. de m. de eod . in thesaur . l. et debet l. & di . m. duncanus de lasceles l. & s. de eod . walter . de trailli m. pro eod . in magno rotulo de anno regis johannis , &c. aurum reginae . willielmus de belchamp l. & di . m. de auro reginae . duncanus de lascell l. & s. pro eod . walterus de trailli m. pro eod . aurum reginae . robertus de curtenai deb . m. auri , pro fine de sutton . josce de plugen●i deb . m. auri , pro terra matris suae . aurum reginae . hawisa de curtenai m. & di . auri , pro honor. de okemanton . will. painell , m. auri , de fine suo . it is evident by all our * historians , that isabel daughter of the earl of engolisme married to king john in the first year of his reign , ( after his divorse from hawes the earl of glocesters daughter , ) survived him ; which being premised , i shall observe from these records in king johns reign . . that this avrvm reginae , was claimed and received as a just legal debt and prerogative to the queen , in and from the first till the last year of king johns reign , by this special name and title . ly . that it was specially charged in the great rolls in the pipe office , and levyed , accounted for in the kings exchequer under this very title of avrvm reginae , in the self-same manner , by the same process as the kings own debts 〈◊〉 were levyed and accounted for . ly . that 〈◊〉 was due , and paid out of all voluntary fines and compositions made or pay● 〈◊〉 the king for the restitution of lands seised into his hands , for reliefs , wardships , grants of mariages , lands , liberties , and for voluntary fines , ransoms , amerciaments for offences , misdemeanors , or pardons of them , and that by jewes as well as christians . ly . that the proportion of this duty , was one mark out of every fine or oblation of or above the sum of . marks . ly . that king john ( no doubt by his queens consent and agreement ) challenged and levyed aurum reginae , as a debt , duty belonging to himself , as well as to his queen : that he ordered it to be paid into , and accounted for in the court of exchequer : where he constituted a special officer to keep the rolls thereof , and to demand , levy , receive , and account for it from time to time . ly . that he somtimes gave several times for the payment thereof in the exchequer by equal portions ; and that what could not be levyed thereof at one time by one sheriff , was afterwards levyed and accounted for by another . ly . that all the lands as well as goods , chattels of the persons from whom it grew due at the time of the fine or obiation first made , were liable to be extended for it , into whose hands soever they came by descent or grant , without any suit at law , being a debt due upon record in the fine and pipe rolls ; in the same manner that debts to jews were levyed by the king when devolved to him . in the * fine roll in the tower , anno . johan . regis , m. , . i find many considerable fines and oblations made to the king by several persons , cities , corporations in ireland ; out of which aurum reginae was then due and payd to the queen in ireland as well as in england , as the clause roll of e. . 〈◊〉 . . and other records assure us , though i find no account thereof in the pipe rolls here . from king john , i descend to the reign of king henry the d. his son , who being an * infant scarce ten years of age when he was crowned king , this duty of queen-gold was discontinued till his marriage of the lady eleanor , second daughter of raimund earl of province in the th year of his reign , anno gratia . when it immediately revived , and vested in her majesty , as these ensuing records during his long turbulent reign will inform and resolve us . the red book in the kings remembrancers office in the exchequer at westminster , records , that at the coronation of this his queen eleanor in the twentieth year of his reign at westminster , one john de sanford put in his claim to be the queens chamberlain , and that by virtue of his office amongst other appendants thereunto belonging , he ought to appoint one clerk in the exchequer to receive the qveens gold , who ought to have d. a day out of this duty for his salary ; which was then deferred , and disallowed afterwards , as other records assure us . which claim of his i finde thus certified out of the red book by the barons of the exchequer into the court of chancery , and there exemplified at the request of albred de vere earl of oxford , chamberlain to king richard the second , and inserted into his patent , anno r. . * rex omnibus ad quos , &c. inspeximus , &c. inspeximus etiam quandam certificationem nobis in cancellaria nostra per thesaurarium & barones de scaccario nostro , de mandato nostro missam in haec verba . praetextu brevis regii , huic cedulae consuti , scrutato rubro libro penes scaccarium residente , compertum est in eodem , fol. viz. . quod anno vicesimo regis henrici filii johannis , coronata fuit regina alienora , filia hugonis comitis provinciae apud westm . ubi continetur inter alia sic ; de praedictis officiis nullus sibi jus vendicavit in domo reginae , excepto g. de sanford , quia veteri jure praedecessorum suorum , dixit , se debere esse camerarium reginae , cameram & hostium ea die custodire , quod ibi obtinuit ; habuit etiam tanquam jus suum totum lectum reginae et bastines , et alia quae spetant ad cameram . vendicavit etiam se debere unum clericum in scaccario ad exrigendum avrvm reginae , qui percipiet ( ut dicitur ) depraedicto avro qualibet die se● denarios pro liberatione , set fuit dilatum . nos autem transcripta & certificationem praedicta ad requisitionem dilecti consanguinei nostri albredi de veer nunc comitis oxon. ●enore praesentium duximus exemplificanda . in cujus , &c. teste rege apud westm . quinto die februarii . insteed of his clerk. rex ( ) assignavit laurentium de castellis ad recipiendum et custodiendum avrvm reginae ad magnum scaccarium regis , ad respondendum inde per manum suam . et mandatum est justiciariis , ad custodiam iudaeorum assignatis ; quod avrvm quod ipsam reginam continget ad scaccarium iudaeorum , ei faciat liberari , ad respondendum inde sicut praedictum est . teste rege apud mortelak die maii. rex baronibus de scaccario . mandamus vobis , quatinus quotiens summoneri feceritis debita nostra ad scaccarium ( ) summoneri faciatis avrvm reginae nostrae , & liberari laurentio de castell . quem ad aurum praeditum recipiendum & custodiendum assignavimus . teste meipso apud wynton . die junii , anno regni nostri vicesimo . herveius de baggot ● marc . pro avro reginae de fine . mar . de quibus ( ) finem fecit , pro habenda haereditate sua . rex baronibus , &c. sciatis , quod concessimus herveio de stafford , quod de marc. quas nobis debet pro auro reginae de fine quingentarum marcarum , per quas finem fecit nobiscum ( ) pro dabenda haereditate sua non obstante eo quod infra aetatem est ; reddat nobis ad festum sancti michaelis anno regni nostri . centum solidos ; & ad pasch . anno regni nostri . centum solidos ; & ad festum sancti michaelis anno eodem centum solidos ; & ad pasch . anno . centum solidos ; & ad festum sancti michaelis decem marcas ; & ad pasch . anno regni nostri . decem marcas . et ideo vobis mandamus , quod sic fieri , &c. teste meipso apud notingh . die septembris . a. r. n. . rex concessit johannae , quae fuit uxor hugonis wake , ( ) custodiam omnium terrarum , quae sunt praedicti hugonis , quondam viri sui ; habendam sibi vel cuicunque assignare voluerit , usque ad legitimam aetatem haeredum praedicti hugonis , una cum maritagio eorundem haeredum ; & quod eadem johanna libere et sine impedimento ( ) maritare se possit cui voluit , dummodo sit ad fidem regis , pro novem milibus marcis , per quas finem fecit cum rege , ad opus regis ; et pro mille marcis pro avro reginae : de quibus decem millibus marcis reddet regi per annum septingentas marcas , viz. ad scaccarium paschae marc. & ad scaccarium sancti michaelis marc. donec totum debitum praedictum regi persolvatur . ita quidem , quod si praedicta johanna defecerit in solutione primi termini , sive secundi , sive tertii , sive quarti , vicecomites regis , in quorum ballivis praedicta johanna terras habet , ( ) faciant de terris et catallis suis ad singulos terminos non observatos marc. ad opus regis , et pro regina . et si defecerit in solutione quinti termini vel alicujus termini subsequentis , antequam praedictum debitum regis persolvatur ; quicquid eadem johanna vel assignati sui solverint de debito praedicto pro non soluto habeatur , & penitus ei amittatur , & ad haeredes suos reddatur custodia terrarum praedictarum , cum maritagiis praedictis ; rex etiam concessit , quod de l. quas praedictus hugo quondam vir suus reddere consuevit ad scaccarium per annum pro debito nicholai de stutevill patris praedictae johannae nichil solvatur , antequam de praedictis mill . marcis regi fuerit satisfactum , vel quousque defecerit in solutione finis praedicti sicut praedictum est ; & soluto fine illo in forma praedicta extunc incipiat praedicta johanna reddere ad scaccarium l. per annum pro debitis praedicti nicholai patris sui eodem modo quo praedictus hugo illas reddere consuevit . teste rege apud westm . . die jan. quia abbas de rupe unus executorum testamenti willielmi de percy manucepit , quod ipse solvet in quindena assumptionis beatae mariae in garderob . l. quas idem willielmus regi debuit pro ( ) relevio suo , & l. quas debuit pro auxilio regi concesso , ad primogenitam filiam regis maritandam , et ( ) solidos pro auro reginae ; mandatum est roberto de crepping , quod permittat ipsos executores habere liberam administrationem de omnibus bonis & catallis quae fuerunt ipsius willielmi , ad executionem testamenti sui faciendam . teste rege apud wygorn . . die augusti . mandatum est roberto de crepping , quod de instauro quod fuit ipsius willielmi , retineat ad opus regis , ad valentiam debiti quod idem willielmus debuit , videlicet libras . et sol . pro auro reginae , per idem pretium ad quod alii caperent praedictum instaurum , & non per aliud . et cum praedictum instaurum ceperit , rex significet quantum retinuerit , & ad quod pretium . teste rege apud cestr . die augusti . mandatum est w. de haverhull . thesaurario regis , quod avrvm reginae , quod johannes francigena recipere consuevit , ( ) de caetero in manum suam recipiat : ita quod idem johannes in nullo inde se intromittat : et avrvm illud sicut illud receperit ponat seorsum separatim a thesauro regis ; ita quod inde rex possit responderi . teste meipso apud wyndlesor , die april . anno regni nostri . et mandatum est eidem johanni , quod de ( ) auro illo de caetero non intromittat . teste ut supra . postea revocata erant illa duo brevia . mandatum est alano la zusch . justiciario cestriae , quod demandam quam facit communitati ● comitatus cestriae de misericordia quam inciderunt coram rege , quia non habuit recordum loquelae quae fuit coram ipso inter willielmum de condray & caeciliam uxorem ejus , & abbatem de deulacresse coram rege , sicut praecepit . et demanda quae eidem communicata fit de veniendo extra comitatum cestriae coram g. de langel . & sociis ejus justitiariis forestae pro transgressione forestae extra comitatum cestriae . et similiter demand● quam eidem communitati facit pro auro reginae , ( ) ponat in respectum usque ad quindenam pasch . proximo futuram . et quod de caetero non exigat , vel exigi permittat ab hominibus ejusdem comitatus , nisi tantum unum bovem pro disseisina : & hoc solummodo de principali disseisiatore . et si homines & amerciamenta ejusdem comitatus pro aliquo forisfacto capiantur , eos sine redemptione replegiari faciatis ; nisi capti sint homines illi per speciale praeceptum regis , vel pro morte hominis , vel pro aliquo alio retto , quare de jure non sint replegiabiles . teste rege apud westm. die maii. pro j. de lexinton . rex bult , quod johannes franciscus ( ) curam capiat de avro reginae ad scaccarium suum sicut capere consuevit . et mand . est philippo luvel , quod custodiam ei liberet . et mandavit quod ipsam recipiat custodiendam , sicut praedictum est . teste rege apud windesor . die februarii . per ipsum regem . inter communia in the th year of henry the d. ( omitted casually in its proper series ) sciatis , quod walterus de bello campo finem fecit nobiscum per . marc. et avrvm reginae nostrae si dare deberet ( ) pro gratia nostra recuperanda , et rehabenda custodiam com. wygorn . &c. rex mand. baronibus , quod cum ( ) regina deputaberit robertum de thaury clericum suum ad colligendum aurum suum , & eadem regina habeat custodiam terrarum baldewini de insula , vult & mandat quod officium camerar . quod thom. espurun tenet in scaccario , et ad ipsam reginam pertinet ratione praedictae custodiae , liberari faciant propter sumptus vitandos praedicto roberto , qui de utroque officio servire poterit : et ipsum thom. contrarotular . receptae scacarii custodire fac . sicut prius facere consuevit . et regina similiter mandat , quod ex quo hoc placet domino regi , quod barones secundum mandatum domini regis in dicto officio ipsum robertum admittant . breve est in for . maresc . praeceptum est vic. leye . quod ingrediatur libertatem com. leicestr . & ( ) distringat willielmum de quevill pro auro reginae , quam nuper ei abstulimus pro transgressione sua . praeceptum fuit vic. london . quod ( ) distringerent cives london . pro avro reginae , ita quod habeant denarios coram baron . die lunae prox . ante festum s. barnabe apostoli . quo die dicti vic. venerunt coram baronibus , & cum requisit . esset ab eis , an dictos denarios haberent ? dixerunt , quod non : sed quod vadia dictorum civium ceperint , et penes se habuerunt , sed non invenerunt qui ipsa emerent . * postea injunctum fuit eis , quod ipsa vadia afferrent coram baronibus die martis sequent . qua die venerunt et dixerunt , quod fere mille homines de civitate restiterunt eis , et non permiserunt dicta vadia asportare ; et cum quaereretur ab eisdem vic. qui essent illi impeditores ? dixerunt , quod plures draperii , aurifabri , speciar . cordewinarum , & alii ministri de civitate , sed nullum nomen exquirere voluerunt . ideo liberati fuerunt dicti vic. marescallo . rex mandavit bar. quod ad ( ) instantiam reginae , replegiavit majori & communitati london . usque ad octab. sancti hillarii proxim . futur . civitatem london . quam capi fecerat in manum suam pro ( ) auro praedictae reginae quod à praedictis majore & communitate exigitur : ita quidem , quod nisi interim satisfaciant eidem reginae pro avro svo , cibitas illa extunc sit in manu sua in statu in quo tunc fuit . et quod civitatem praedictam eis restituant sicut praedictum est , cum omnibus inde perceptis à tempore captionis ejusdem civitatis . breve est in for. mar. eodem die liberavit dominus p. lovell qui habuit custodiam ejusdem civitatis majori & ballivis london . l. s. d. ob . de exitibus ejusdem civitatis . memorand . quod robertus de thaury ( ) clericus dominae reginae venit coram baron . & recognovit , quod philippus basset satisfecit eidem dominae reginae de centum marcis quas ei debuit pro auro suo , de fine mille marcarum quem idem philippus fecerat cum domino rege ( ) pro habenda custodia filii et haeredis richardi de riperiis , et de una marca quam debuit pro eodem oe fine decem marcarum quam fecerat cum domino rege ( ) pro habenda wclarrenna : et de . marc. de fine quatuor marcarum auri , ( ) pro habenda custodia . regina mand . roberto de thaurey archid. bathon . clerico suo , quod relaxavit johanni de romesy canonico sancti pauli london . tertiam partem marcarum quas ab eo & petro capello quondam w. arch. eborum , & willielmo de bromham vicar . de merton . in episcopatu dunolm . executoribus quondam richardi dunolm . episcopi pro auro suo de quingentis marcis quas dederant domino regi pro quodam fine quam fecerunt ( ) ad habend plenam administrationem bonorum quae fuerunt ejusdem episcopi . et vult , quod residuum illarum marcarum dempta tertia parte , ut praedictum est , de praedictis petro & willielmo coexecutoribus praedicti j. plenè recuperetur , & de illa tertia parte praedicto j. nullam de caetero faciat executionem . breve est in custodia praedicti roberti . rex thes . hiberniae , salutem . cum edwardus primogenitus noster terram hiberniae , cum omnibus pertinentiis suis habeat et teneat de dono nostro adeò liberè & quietè sicut eam in manu nostra tenuerimus , per quod karissima filia nostra alienora consors dicti filii nostri aurum suum tam de ( ) finibus quam sponte oblatis in terra ( ) hiberniae habere debet , sicut karissima consors nostra alienora regina angliae ( ) aurum suum habet de eisdem in regno nostro angliae . vobis mandamus firmiter injungentes , quatenus praefatae consorti filii nostri praedicti aurum prtediaum de finibus et sponte oblatis , et eciam de quibuscunque aliis finibus praedictis habere facias in forma praedita . et hoc nullo modo omittatis . in cujus , &c. elianora dei gratia regina angliae , domina hiberniae , & ducissa aquitaniae , dilectis sibi philippo de ey , domini regis thesaurario & baronibus ejusdem domini regis de scaccario , salutem , & dilectionem . sciatis , quod assignavimus dilectum clericum nostrum johannem de whitebergh collectorem et custodem avri nostri , quamdiu nobis placuerit . et ideo vobis rogamus , quatinus eundem johannem in officio suo informetis , et consiium et juvamen ei prout nobis expedire videritis , impendatis . ita quod vos regratiari specialiter teneamur ; valete . datum apud guldeford die junii , anno regni regis h. domini nostri . from these records of king henry the d. i shall observe ; . that king henry the . himself ( not the queens chamberlain , who claimed this priviledge as an appendant due to his office ) at first appointed the receiver and keeper of the queens gold , both in his own grand exchequer , and in the exchequer of the jewes ; no doubt by his queens consent and agreement . and that the queen her self by her own letters patents in the latter end of his reign , appointed her own clerk to receive it , without the king. ly . that aurum reginae was then due and payd to the queen , as well out of the oblations and fines of jewes as christians . ly . that queen-gold was then due out of fines made to the king for the custody of the lands and bodies of wards ; for licenses for wards , and the kings widdows to marry at their pleasure to any that were loyal to the king : for grants of warrens , restitution of lands , liberties , counties seised : for licenses to executors to have full administration of the goods of their testators who were tenants to the king , or endebted to him , to perform their wills . ly . that the ordinary proportion of queen-gold in king henries reign , was only one mark to the queen for every ten marks to the king ; yet in the case of jone wake , the queen had one thousand marks for the kings nine thousand . ly . that the king himself sometimes appointed when and how the whole ten thousand marks , as well that due to queen , as to himself , should be paid at several payments into the exchequer , and that by expresse agreement when the fine was made . ly . that the queens gold was to be levyed by the kings processe issued to the sheriffs , in the same manner as the kings fine was . and that the sheriffs of london were imprisoned by the barons , and the liberties of the city seised into the kings hands for their neglect in not levying it , and for the citizens riot and rescous of those pawnes they had given for it . ly . that all the lands and goods of the parties that made the fines which they had at the time of the fines made , were to be extended for the queens gold , as well as for the kings fines : and that if the party failed of the last payment of the kings fine , he was to lose all that was payd , and the custody of the wards lands and body too for which it was payd . ly . that aurum reginae was due to the queen out of all voluntary oblations and fines made to the king in ireland , as well as in england : and that by king henry his special grant of the land of ireland to his son and heir prince edward , in as free and ample manner as himself enjoyed it ; the queen-gold there became due to the princes wife by his special patent to her . i shall next present you with such records concerning queen-gold , as i have found and perused in the tower and court of exchequer during the reign of king edward the . john de waterele keeper of the aurum reginae accruing to queen eleanor wife to king henry the d , and mother to king edward the . exacting this duty in the court of exchequer after king henries death from those who granted him the th part of their goods in his life-time towards the relief of the holy land , and likewise out of the tallages last assessed on the kings lands and tenants throughout england , to their great grievance , upon complaint thereof to king edward the . his counsil ( he being then absent in the holy land ) in the first year of his reign , some of them came personally into the court of exchequer , and there openly prohibited waterele from thenceforth to exact or receive any gold from any upon these occasions ; as this record and memorandum in the office of the kings remembrancer in the exchequer informs us . memorandum , quod die lunae prox . ante festum conversionis sancti pauli vener . ad scaccarium w. eborum archiepiscopus , rogerus de mortuo mari , robertus burnel , & quidam alii de consilio regis , et inhibuerunt ( ) johanni de waterele custodi avri alienorae reginae matris regis edwardi ( ) ne de caetero exigat seu capiat ab aliquo avrvm ad opus ejusdem reginae occasione vicesimae praedicto regi concessae tempo●e h. regis patris sui in subsid . terrae sanctae , nec etiam occasione tallagii ultimo assess . per angl. super dominica regis praedicti . in the d year of king edward the . nicholas de ely bishop of winchester being prosecuted in the kings exchequer for queen-gold by queen eleanors clerk for a debt of l. s. d. due to king henry the d her husband by john gernsey his predecessor for the corn and stock of the said bishoprick , which he bought of the king ; upon the kings command to the treasurer and barons deliverd to them by word of mouth in the exchequer , they discharged him from the payment of the said gold by authority of the kings command , whether out of meer grace to the bishop , or because the successor bishop was not obliged by this contract of his predecessor for this stock and corn , devolved to the predecessors executors , or to the king by his decease : or because no aurum reginae was due in strictnesse of law upon this bargain or emption , appears not by the record thereof , entred in these words . memorand . quod die lunae proxim . post festum sanctorum nerei & achillei , venit walterus de heleni ad scaccarium , & dixit thes . & baron . ex parte d. regis , quod in proximo adventu nicholai episcopi ( wint. ) ad idem scaccarium absolverent eundem episcopum de avro quod exigitur ab eo ad opus dominae reginae matris domini regis de l. s. d. in quibus johannes quondam wynton . episcopus regi h. tenebatur ( ) pro emptione bladi et instauri dicti episcopatus . postea venit idem episcopus ad scaccarium praedictum , et auctoritate mand . praedict . absolutus est de avro praedicto . eleanor first queen consort to king edward the . in the d. year of his reign constituted walter kent receiver and keeper of her gold in the kings exchequer ; whereupon she sent this letter to the barons , to admit him to this office without any difficulty , and to advise and assist him therein when need should require , as eleanor wife to h. . had done * before her . cum dilecto & fideli waltero de cantia clerico nostro , terrarum & tenementorum nostrorum in anglia , et auri nostri commiserimus custodiam et exitus inde recipiend . & de eisdem ordinand . et disponend . prout nobis viderit expedire , ac quaedam dictam custodiam tangentia existant , quae per vos cautiorem sortire valeant effectum : per quod vos rogamus affectuosè , quatinus dictum walterum ad custodiam auri praedicti nostro nomine faciend . sine aliquo diffugio recipiatis , & eidem in ofeficio praedito & aliis negotiis nostris coram vobis expediend . ( quociens opus fuerit ) consulentes esse velitis , & auxiliantes , precibus nostris & amore . dat. apud woodstock die decembris , anno regni domini nostri edwardi tertio . anno e. . queen eleanor assigned benett of wynton a jew , to keep her gold , and dispatch her other businesse in the exchequer ( for the jews ) as other jews had alwayes accustomed to do , as appears by this mandate of the king to the barons to admit him to this office . cum karissima consors alienora regina angliae ( ) assignaverit benettum de wynton . judaeum , ad aurum ipsius consortis custod . & ad alia negotia ipsam contingentia exequend . prout alii judaei semper hactenus facere consueverunt , rex mand . eisdem , quod praefat . benettum ad hoc admittant in forma praedita . teste , &c. this year there arising some new controversies and doubts out of what oblations queen-gold ought to be paid , the king and his counsil made these resolutions therein , which they sent to the barons of the exchequer to be firmly observed . rex mand . eisdem quandam cedulam coram se et consilio suo super avro reginae proviso o●dinatam praesentibus interclusam . mandantes eisdem , quod ( ) ea quae super hoc provisa sunt et ordinata de caetero firmiter servari faciant , &c. baronibus , &c. salutem . mittimus vobis quandam scedulam coram nobis & consilio nostro super auro reginae proviso ordinatam , praesentibus interclusam ; vobis madantes , quod ea quae super hoc provisa sunt , & ordinata de caetero firmiter observari faciatis . teste , &c. apud westm . die julii . * tenor illius scedulae talis est : de ( ) donis quae spontanea voluntate donato●uis ex gratia conferuntur , et contingat quod aliquis de dono proprio finem faciat , non habebit regina aurum . si vero papa conferat decimam ▪ vel const●ilem gratiam domino regi , et faciant inde finem ; vel siquis finem pro hujusmodi decima , vel quintadecima vel vicesima alicujus communitatis seu patriae , seu pro donis aliorum quam pro sui ipsius , ibi fiat sicut fieri debet . an. e. . the officers of eleanor queen consort to king henry the d. and mother of king edward , exacting queen-gold from the barons of the cinque ports , for their free , courteous gift of the th part of their goods to king henry his father , by processe issued out of the court of exchequer , against the king and counsils resolution the year before , contrary to all equity and right ; the king thereupon issued this mandate to the barons to discharge them thereof . qvia ( ) aequitati dissonum fore reputat rex , quod barones duinque po●tuum pro curialitate , quam domino henrico regi fecerant de micesima bono●um suo●um eidem patri gratis concedenda , et praestanda , distringantur ad aurum reginae angliae matri regis praestandum occasione micesimae praedictae . rex mandat eisdem baronibus , quod barones quinque po●tuum praedictos de pecunia , quae ab iis erigitur per summonitionem scaccarii pro auro praedicto occasione praediatae micesimae quietos esse faciant . teste , &c. rex baro●bus suis de scaccario suo dublin . salutem . allocate magistro thomae de cheddeworth nuper custodi nostro archiepiscopatus dubl . in compoto suo ad scaccarium praedictum triginta & unam libras quas per praeceptum nostrum liberavit willielmo de walleye auditori compoti ejusdem archiepi●copatus , et ( ) auri consoztis nostrae , &c. teste meipso apud westm . die julii , anno r.n. . by which it appears that queen-gold was then payd to the queen in ireland , where she had an officer to receive and account for it . ) in the roll of vasconie , anno e . i found this record , which hath some analogie to queen-gold in england ; that the wives of all the lords of agen for the time being , had a certain annual summe paid unto them over and above the lords rent and fine , out of all bayliwicks of that land sold or let to farm ; which the king by this writ commanded his steward and receiver of the dutchy of aquitain to pay to his royal consort eleanor queen of england and dutchesse of aquitain , in as ample proportion as jone countesse of poictiers and tholouse in the time of her husband , whiles the lands were in his hands , and afterwards the queen of france enjoyed it , when in the hands of the kings of france , that so she might not be in a worse condition than this countess , being a queen and dutchesse too . rex senescallo suo in ducatu aquitanniae , vel receptori suo in terra agenensi , salutem . cum er antiqua consuetudine cro●es domino●um agen . qui pro tempo●e fuerunt , de singulis ballibis illius terrae benditis , seu ad fir mam traditis , ab illis , qui easdem ballibas emunt , belad firmam recipiunt , annis singulis certam habuerunt quantitatem pecuniae . nos nolentes , quod karissima conso●s nostra a. dei gratia regina angliae , domina hiberniae , et ducissa aquitaniae deteriozis conditionis eristat quam fuerunt crores domino●um agenen . tempo●ibus retroactis , set potius ( st fieri possit ) meliozis ; hobis mandamus , quod diotae canso●ti nostrae , bel ejus mandato be singulis ball bis , a tempo●e quo dida terra ad manum nostram debenit , benditis , bel ad firmam traditis , seu benditis imposterum , aut tradenois , tantum , quantum johanna ( quondam comitissa pictaven . et tholesena ) tempo●e birisui , et postmodum illustris reginae franciae , tempo●e quo ipsa terra fuit in manu domini regis franciae , biri sui , consueberunt percipere et babere , faciatis annis singulis restitui . teste rege apud westm . die julii . rex thes . & baronibus suis de scaccario , salute●● . cum nuper sexto die januarii , anno regni nostri decimo concesserimus bonefey de crekelade judaeo , quod de illis viginti & quinque libris , tresdecim solidis , & sex denariis per quos ( ) finem fecit nobiscum pro transgressione monetae , solveret nobis per annum ad scarcarium nostrum quadraginta solidos ad duos anni terminos , donec praedicta pecunia nobis plenè solveretur ; aetdem judaeus in ( ) prisona nostra detineatur pro auro karissimae conso●tis nostrae alienorae reginae angliae , per quod pecuniam illam solvere non potest , ut accepimus : nos eidem judaeo gratiam facere volentes uberiorem , concessimus eidem judaeo ; quod de praedictis viginti & quinque libris tresdecim solidis & sex denariis , solvat nobis per annum ad scaccarium nostrum viginti solidos , unam videlicet medietatem ad scaccarium nostrum sancti michaelis proximo futur . & aliam medietatem ad scaccarium nostrum paschae proximo sequens , & sic de anno in annum ad eosdem terminos viginti solidos , donec pecunia praedicta nobis plenè solvatur . et ideo vobis mandamus , quod eidem judaeo terminos illos habere , & sic fieri & irrotulari fac . t. r. apud westm . die inn. quia rex concessit karissimae consorti suae a. reginae angliae omnes exitus finium , amerciamentorum , catallorum fugitivorum , & dampnatorum , & al●orum quorumcunque de hundredo de gattre in manu ipsius consortis regis ex concessione domini h. regis existente provenientes , de ultimo itinere justic . in com. leyc . rex mand . baron . quod exitus illos per extract . scaccar . levari , & iohanni de berewyke ( ) custodi auri ejusdem reginae ad opus ejusdem reginae liberari fac . that the queen debts of aurum reginae , and other debts belonging to her by antient and approved custome , were by her prerogative to be received and levyed before all other creditors debts , in the same manner , and by like processe as the kings debts were , this memorable writ in the year of king edward . will assure us . edwardus dei gratia angliae rex , dominus hiberniae , & dux aquitaniae , vic. norff. & suff. salutem . cum secundum antiquam consuetudinem approbatam , et badenus optentam , idem modus in debitis reginarum ieban dis et reddendis qui et in nostris ser bari debeat , ac debita nostra jurta eandem consuetudinem a debito● . nostris sunt lebanda et nobis reddenda , antequam quibuscunque credito●ibus eo●undem de debitis suis satiofiat . cumque willielmus de huntingfeld charissimae ma●ri nostrae alianorae reginae angliae in l. teneatur , prout nobis constat per inspect . rotulorum de scaccario nostro ; idemque willielmus teneatur quampluribus in diversis pecuniarum summis prout tu retornasti coram baronibus in crastino claus . paschae prox . praeterit . bolentes ipsam matrem nostram praerogatiba praeced . quoad debita sua lebanda sicut aliae reginae angl. eadem in casu consimili sint gabisae ; tibi praecipimus , quod de benis et catallis , ( ) et de epit . terrarum ipsius willielmi in balliba tua fieri facias praediatum l. antequam debita quo●undam credito●um sttorum lebentur . item quod eas habeas ad idem scaccarium nostrum apud westmonasterium a die sandae trinitatis in . dies waltero de castello ( ) custodi auri ejusdem liberand . et●hoc breve . teste , &c. per rotul . memor . anno h. . what sums for aurum reginae the queen consorts receiver of this duty this year received for fines and forfoitures of the iewes , this record will demonstrate . rex omnibus ad quos , &c. salutem . sciatis , quod willielmus iohannis liberavit dilecto clerico nostro iohanni de berewyk ( ) custodi auri karissimae consotis nostrae aliaenorae reginae angl. quadringentas libras , ducentas videlicet libras de ( ) bonis & catall . judaeorum dampnatorum concelatis & nobis forisfactis , & alias ducentas libras per quas nuper ( ) finem fecit nobiscum coram dilectis & fidelibus nostris salomone de roffa & sociis suis ad inquisiciones de hujusmodi bonis & catallis faciendas assignatis , ( ) pro transgressione quam fecit concelando bona et catalla praedicta . de quibus quidem quadringentis libris praefatum willielmum tenore praesencium quietamus . in cujus , &c. teste rege apud camnel , die decembr . i find by a general entry in the great roll in the pipe office in the exchequer , that iohn de berewyk keeper of queen alianors wardrobe , and receiver of her queen-gold , rendred an account of l. s. q. received for this duty from the feast of st. hillary in the th , to the feast of st. michael , anno e . the particular account whereof i cannot yet discover , after much search for it , in the exchequer treasuries and records . compotus johannis de berewyk custod . garderobae alianorae reginae angliae consort . regis , de denar . receptis de avro ejusdem reginae , à festo sancti hillarii , anno regni regis edwardi , usque ad fectum sancti michaelis , anno sui . idem reddit compotum de l. s. q. recept . de avro ejusdem reginae per praedict . tempus , sicut continetur in rotulo de particulis quos idem iohannes lib. in thesaur . ejusdem reginae . in the same great roll i finde only this total of his general account for the next year of l. s. d. ob . compotus johannis de berewyk custod . garderobae alianorae reginae angliae consortis regis de denar . receptis de auro praedict . dominae reginae , à crastino sancti michaelis anno e. . fin . usque . diem novembr . anno regni ejusdem regit e. . fin . incip . . idem reddit compotum de l. s. d. ob . recept . de auro ejusdem reginae , et catall . iudaeorum damp . per praedict . tempus , sicut continetur in rotulo de particulis quos idem iohannis lib. in thesaur . ejusdem reginae . the particulars of which accounts i cannot yet find out , which would most clearly evidence from what particular oblations and fines these great sums of queen-gold did then arise . the only particular account of this duty in this kings reign i can yet discover , is this of easter and trinity terms anno e . kept amongst the ancient records in the treasury of the kings receiver in the exchequer . rotulus de recept . auri reginae de termino pasch . anno regni regis edwardi . notingham , derb , de roberto foucher de parte s. d. de auro reginae de fine marc . pro transgr . s. d. debet s. glouc. de johanne hamerton pro priore de lanton juxta glouc. de parte marc . de auro reginae de fine marc . pro licenc . appropriandi ecclesiam de berton juxta wygorn . in proprios usus retinend . s. canc. de thoma berkeley de parte marc . de auro reginae de fine marc . pro vita sua salbanda , et terris et ten . suis rehabendis : s. d. de h. de stanton , anno . somerset & dorset . de iohanne de batton . de parte s. de auro reginae de ( ) fine l. ne transfretaret in vascon . s. per rot . memor . de anno . de waltero de pavely de parte marc . de auro reginae de ( ) fine marc . pro vita sua salvanda . et terris et ten . suis rehabendis , s. canc. anno . wilts . de petro skidemore de parte marc . de auro reginae de fine marc . pro vita sua salvanda , et terris suis rehabendis , videlicet pro termino s. michaelis anno . s. d. eborum . de roberto de reygate de parte marc . de auro reginae atterminat ad quinque marc . per annum de fine marc . pro vita sua salvanda , et terris suis rehabendis , s. d. de waltero harowne de parte marc . de auro reginae atterminat de marc . ( ) pro transgr . in praeparacionem totius debiti praedicti , s. d. kanc. de haeredibus galfridi de everhurst de parte s. d . de auro reginae de ( ) fine marc . quia convictus , s. de itinere h. de stanton , anno . de haeredibus salomonis de hotherugg de parte s. d. de quodam debito l. d● auro reginae de fine l. quia convictus , s. d. de johanne geffrey de parte s. d. de auro reginae de ( ) fine marc . pro transgr . conspirat . s. per rot . fin . canc. de waltero bety de parte s. de auro reginae de ( ) fine l. pro transgr . de itinere h. de stanton , anno . somerset . de johanna quae fuit uxor willielmi de wiggebere de auro reginae de ( ) fine marc . pro pardonacione habenda de transgr . s. d. anno . susse● . de johanne chavent de s. de auro reginae de fine l. pro transgression . venacionis s. coram iustic . itinerant . in foresta de essex , anno . oxon. berks. de johanne de bloxham de auro reginae de ( ) fine marc . pro armis militaribus non suscipiend . marc . canc. anno . warr. leyc . de saero de rocheford de parte marc . atterminat . ad marc . per annum de fine marc . pro vita sua salvanda , et terris suis rehabendis , marc . glouc. de johanne de langeley & sociis suis principalibus tax . & subtax . diversarum concessionum de parte marc . de auro reginae de ( ) fine marc . pro omnibus transgress . factis in taxationibus praedictis , l. coram h. de stanton . ad oppress . ministrand . &c. anno . de johanne de wylynton . de parte l. de auro reginae atterminat . ad l. per annum , de ( ) fine l. pro vita sua salvanda , et terris suis rehabendis ; videlicet pro termino sancti michaelis , anno . l. de eodem johanne de parte l. de auro reginae atterminat . ad l. per annum , de fine l. pro vita sua salvanda , et terris suis rehabend . in partem solucionis l. pro termino paschae , anno . s. debit s. pro hoc termino . linc. de adam de swyllynton . de parte marc . de quodam debito marc . de auro reginae atterminat . ad marc . per annum de ( ) fine . marc . pro vita sua salvand . et terris suis rehabend . s. d. cumbr. de ranulpho de dacre de parte l. de auro reginae de ( ) fine l. pro licenc . feoffandi willielmum de burgh & robertum puing de ten . in lesingby , irchinton . & burgh super sabulones & hoffs , s. d. canc. anno . eborum . de adam de everingham de parte marc . de auro reginae atterminat . ad quinque marcas per annum de ( ) fine marc . pro vita sua salvanda , et terris suis rehabendis , s. d. canc. anno . wiltes . de petro de skidemor . de parte marc . de auro reginae atterminat . ad marc . per annum , de ( ) fine marc . pro vita sua salvand . et terris suis rehabendis , s. d. wigorn. de nicholao russell nuper vic. pro roberto sturmy & aliis principalibus tax . diversarum concessionum in com. wigorn. de parte l. de auro reginae de ( . ) fine l. pro omnibus transgr . factis in omnibus taxationibus praedictis , s. d. coram rege term. michaelis & hillar . anno . summa rotuliusque hoc ; — l. — s. — d. ff . adhuc recept . de auro reginae de termino trinitatis , anno . midd. de johanne gisors de parte s. de quodam debito marc . de auro reginae de ( ) fine marc . pro transgr . s. d. coram h. de stanton anno . norff. suff. de ricardo de gray de parte l. de auro reginae de l. ( ) pro custod . et maritag . ricardi basset habend . s. d. canc. anno . bedd . bucks . de petro de sancta cruce de auro reginae de ( ) fine l. s . d . ob . pro relevio suo , s. d. ob . memor . anno . glouc. de roberto goldehull de parte l. de auro reginae de ( ) fine l. pro pardonacione habenda de transgr . quam fecit communicando quibusdam magnatibus regi contrariantibus , s. canc. anno . northton . de simone curteys de auro reginae de ( ) fine marc . pro licenc . alienandi laicum feodum in brikkesworth duobus capellis ad manum mortuam , marc . canc. anno . cornub. de ricardo hywish de parte l. de auro reginae de ( ) fine l. ne transfretaret in vascon . s. coram ricardo damory & roberto de wodhouse , anno . glouc. de johanne de hampton pro priore de lanton juxta glouc. de parte marc . de auro reginae de ( ) fine marc . pro licenc . appropriandi ecclesiam de berton stacy juxta wigorn. in proprios usus retinendam , s. d. canc. anno praedict . bedf. buks . de johanne de sancto amando de parte marc . ( ) pro relevio suo , s. d. de simone de arcubus de parte s. de auro reginae de fine l. pro eodem , s. rot . memorand . anno . de rogero de tyringham de parte marc . de auro reginae de fine marc . pro ( ) licenc . habenda quod sibilla quae fuit uxor johannis de bourgh posset se maritare cuicunque voluerit , s. rotulus memor . de anno . london . de johanne devery & magistro willielmo de maldon de parte l. recognitarum reginae in scac. pro remanen . comp. illius johannis devery de tempore quo fuit ( ) receptor . auri ipsius reginae , s. d. eborum . de ricardo de waleys de parte marc . de auro reginae , atterminat . ad marc . per annum de ( ) fine marc . pro vita sua salvande , et terris suis rehabendis , l. s. d. hereford . de rogero le wodare & aliis subtax . & subcollector . civitatis hereford . de parte marc . de auro reginae de ( ) fine marc . pro omnibus transgres . factis in tar . praedictis , s. coram h. de stanton . anno . de reginaldo de la mare de parte marc . de auro reginae de fine marc . pro vita sua salvanda , et terris suis rehab●●● s. d. de galfrido beauflour de parte 〈…〉 reginae de fine l. pro eodem , s. de roberto de baskervill de parte marc . de auro reginae de fiue marc . pro eodem , s. d. de johanne de pennebrugge de parte marc . de auro reginae de fine marc . pro eodem . s. d. de johanne de lyngayne de parte marc . de auro reginae de fine marc . pro eodem , s. d. de stephano devereys de bodenham de parte s. de auro reginae de fine l. pro eodem , s. de petro de grandissono de parte l. de auro reginae de fine l. pro eodem , s. canc. anno . de ricardo de pennebrugge de parte marc . de auro reginae de fine marc . pro eodem , s. d. canc. anno . de ricardo baskervill . & aliis principalibus tax . & subtax . com. hereford . de parte marc . de auro reginae de ( ) fine marc . pro omnibus transgr . factis in tax . praedictis , s. coram h. de stanton , anno . de priore lanton primae de parte s. de auro reginae de ( ) fine l. pro confirmatione quarundam cartarum habenda , s. d. canc. anno . lancastr . de roberto de dalton de parte marc . de auro reginae atterminat . ad marc . per annum , de ( ) fine marc . pro vita sua salvonda , et terris suis rehabend . s. d. de willielmo moigne de parte marc . atterminat . ad quinque marc . per annum de ( ) fine marc . pro pardonacione habend . de transgr . s. d. salop. de hugone de mortuo mari de parte l. de auro reginae atterminat . ad s. per annum de ( ) fine l. pro vita sua salvanda , et terris suis rehabendis , s. canc. anno . somerset , dorset . de roberto de neweburgh de parte l. de auro suo de fine l. pro vita sua salvanda , et terris suis rehabend . s. canc. anno . salop. staff. de philippo barinton & aliis principal . tax . & subtax . com. staff. de parte marc . de auro reginae de ( ) fine marc . pro concelamento et aliis transgr . factis in taxationibus praedictis s. coram j. de stonore anno . de viviano de standon & aliis pl. willielmi de chetilton de parte s. de auro reginae de ( ) fine l. pro eodem willielmo pro plur . transgr . s. d. de henrico de cressewell & al. pleg . ricardi shirard senioris , & thom. sil . ejusdem ricardi fil . ricardi shirard & willielmi fratris ejus de parte s. de auro reginae de fine l. pro eisdem pro transgressionibus , s. summa ab alia summa usque hac — l. — s. — d. ob . summa total . hujus rotuli conjuncta — l. — s. — d. ob . summa total . recept . auri per totum annum º — l. — s. — d. ob . what other sums were received for avrvm reginae this year in michaelmas and hilary terms , i cannot yet finde out by any records i have hitherto perused . only i read that the king this year on the . of january , pardoned and remitted 〈…〉 queen-gold due from bogo de clare , which accrued to him by his queens decease , thus recorded in the clause roll in the tower of london . rex thes . & baronibus suis de scaccario , salutem . ob bonam affectionnem quam karissima consors nostra alienora quondam regina angliae erga dilectum nobis bogon●m de clare habere novimus dum vivebat , pardonabimus eidem bogoni ducentas marcas in quibus praefatae reginae die quo obiit tenebatur pro avro svo ipsam contingente de quodam ( ) fine duorum milium marcarum quem idem bogo fecit nobiscum pro quadam transgressione sibi imposita . et ideo vobis mandamus , quod praedictum bogonem de praedictis ducentis marcis quietum esse faciatis . teste rege apud asserugg die januarii . this * bogo de clare was committed prisoner to the tower of london by sentence of the king and his counsil in the parliament of an. e. . for causing the prior of st. trinity london to serve a citation upon edmund earl of cornwall to appear before the archbishop of canterbury , as he was passing quietly through the midst of the kings great hall at westminster , ( to the kings great counsil then held at westminster , to which he was summoned by the kings writ ) wherein no person ought to be arrested , but only by the kings officers , and which was exempted from the archbishops jurisdiction , in manifest contempt and disgrace of the king , to his damage of ten thousand pounds ; until he should satisfie the king for this trespas , for which he put in pledges . after which he made a voluntary fine to the king for this trespasse of marks ; which was accepted , for payment whereof he put in pledges by the kings precept before the treasurer in the exchequer ; for which fine he became endebted marks to queen eleanor for her avrvm reginae ; which accruing to the king by her death , the king for her good affection to bogo de clare in her life-time , was pleased graciously to remit it to him after her decease by the precedent writ issued to the treasurer and barons of the exchequer . anno e. . queen margaret constituted a clerk and receiver of her queen-gold in the exchequer by her own letters patents , and this writ to the barons . margareta dei gratia regina angliae , domina hiberniae , & ducissa aquitaniae , omnibus ad quos praesentes literae pervenerint , salutem . sciatis , quod ( ) commisimus dilecto clerico nostro johanni de godele custodiam avri nostri , assignantes eundem ad thesaurum nostrum qui ad nos sub nomine dicti auri pertinet levand . colligend . et custodiend . ac omnia alia et singula faciend . quae ad custodiam illam pertinent , prout custodes reginarvm angliae avri hujusmodi et thesauri temporibus retroactis facere debuerunt et consueverunt ; ita quod de exitibus eorundem nobis respondeat . in cujus rei testimonium , has literas nostras fieri fecimus patentes sigillo nostro privato fignatas , quamdiu nobis placuerit duraturas . dat. apud ledes die septembris , anno regni domini nostri regis edwardi . margareta dei gratiâ regina angliae , domina hybernia , & ducissa aquitan . amicis suis in christo charissimis thes . & baron . domini regis de scaccario , salutem . quia ( ) commisimus dilecto clerico nostro johanni de godleye custodiam avri nostri , prout in literis nostris patentibus sibi inde confectis plenius continetur : vos rogamus , quatinus in hiis quae ad custodiam illam pertinent , dictum clericum nostrum admittatis , vestrum consilium et auxilium eidem impendentes in eisdem . bene valete . dat. apud ledes sub privato sigillo nostro die septembris , anno regni domini nostri regis edwardi . from these records in the reign of king edward the . i shall observe ; . that the queen consort during the life , and likewise after the death of the king her husband , had the same prerogative and processe for the levying of her queen-gold and other debts , out of the lands , goods and chattels of the creditors or their pledges which they had when they first grew due , into whose hands soever they came , as the king himself had and used for the recovery of his own debts , in the court of exchequer , and that her debts ought to be levyed before any debts due to others , next after the kings . ly . that no aurum reginae was due to , or demanded by the queen mother for any oblations or fines made with king edward the . her sonne , after the decease of king henry her husband . ly . that the queen by her own patents or writs both during the life and after the decease of the king , usually constituted the keepers and receivers of her queen-gold in the exchequer , whom the barons were to counsell , advise and assist upon all occasions for her advantage ; who were to cause processe to be issued to levy this and other her debts , and to render an annual account of them in the exchequer . ly . that if the keeper of the queen mothers or queen consorts gold , or other officers , did injuriously sue or vex the kings subjects for queen gold , where none was due by law , they were restrained , prohibited , and the parties discharged by the kings and his counsils special orders and commands to the barons of the exchequer . ly . that no queen-gold was due to the queen for any publike ayds , fifteenths , or tenths freely or voluntarily granted to the king out of meer grace and courtesie by the lords or commons in parliament , or clergy in their convocation , or by any particular corporations or persons for the ayde and defence of the holy land or realm , nor for any fines or compositions for the same made by the granters and givers thereof . ly . that queen-gold was due and payable for fines to , and voluntary compositions made with the king for disms , quindisms , and twentieth parts granted to the king by the pope or parliament out of meer grace , by such persons who were not parties to the grant , or who made compositions for them for counties , corporations , or other persons , not for themselves alone . ly . that when new questions and doubts arose concerning this duty of queen-gold , they were usually determined and setled for the future by the king and his counsil , and the ordinances therein made by them , were sent to the barons of the exchequer , to be there enrolled , observed , executed . ly . that queen-gold was due and payd to the queen consort in ireland as well as in england , where the queen had a special officer and auditor to receive it . ly . that queen-gold was due and levyed from jewes , both for their fines , oblations , trespasses and compositions for forfeitures , as well as from christians ; and that the king could not enlarge those jewes who were imprisoned for queen-gold , without satisfaction made to the queen , or by her consent . ly . that queen-gold was then due , paid , levyed for oblations and ●●es made to the king for trespasses in falsifying , clipping or abusing his money , and for all other sorts of trespasses , abuses , concealments , offences , committed as well within , or concerning the kings forests , as without ; for adhaering to some nobles against the king ; for licenses to appropriate churches ; or to alien or give lands in mortmain to any pious , religious , or charitable use : for pardons and saving the lives of persons convict , or condemned : for the restitution of lands or goods seised by , or forfeited to the king for any offence , breach of covenants , conditions , or other lawfull causes : for not going with the king beyond the seas to his wars , when bound by tenure thereunto : for respites or discharges from taking the order of knighthood , when summoned to take it by the kings writs : for licenses for alienation of lands held of the king in capite to other persons : for the custody of the lands , bodies , and marriages of wards : for reliefs , and for charters to confirm liberties formerly granted . in the reign of king edward the . these records concerning queen-gold are most observable ; the first whereof informs us , what fee the bailiff of a liberty claimed by prescription for every distresse for queen-gold from the parties distrained , which was deemed an abuse , for which his liberty was seised . idem vic. reddit compotum de exitibus libertatis quam philippus le lardin . aliquando tenuit , viz. capiend . de unaquaque distr . vend . pro debito regis et avro reginae in hoc com. d. & qua libertate dictus philippus abusus fuit , sicut continetur in rotulo de rebus regis recuperat . in itinere h. de cressingham in com. eborum . in the seventh year of king edward the second queen isabel his consort assigned john drury to exact , collect , and receive her queen-gold , by this patent . isabella dei gratiâ regina angliae , domina hyberniae , & ducissa aquitaniae : universis ad quos praesentes literae pervenerint , salutem in domino . sciatis , quod ( ) assignavimus dilectum clericum nostrum dominum johannem drury ad exigend . colligend . et recipiend . nomine nostro quoscunque denar . nobis debitos seu debendos ratione avri nostri levand . in anglia , quamdiu nobis placuerit . et ideo omnibus & singulis quorum interest tenore praesentium fore duximus destinand . quod eidem johanni in praemissis & praemissa contingentibus , prout decet pareant & intendant , quousque aliud inde duxerimus ordinand . in cujus testimonium has literas nostras fieri fecimus patentes . dat. apud westm . die octobris , anno regni charissimi domini nostri regis edwardi septimo . in the th year of king edward the . there happened this memorable case between queen margaret , wife to king edward the . and the mayor , aldermen , and citizens of london about the duty of aurum reginae for a fine of l . alleged to be made to the king ( but denied by them ) in lieu of the twentieth part of all their goods , upon a general tax in parliament of the th part of all mens goods given to k. edward the . her deceased husband , which she claimed to be due to her and other queens , by the books , records , and memorials in the exchequer ; which the king ordered to be levyed and payd without delay , if it should appear to the barons to be due , by this writ . cum nuper ex parte majoris , aldermannorum , & civium civitatis london . regi suggerentium , ipsos nuper concessisse domino e. quondam regi angliae patri regis l. pro vicestmis omnium bonorum ipsam communitatem ratione vicesimae eidem patri regis pro communitate civium et burgorum suorum angliae , tunc temporis concess . contingen . ac barones ad prosecutionem margaretae reginae angliae dictos majorem , aldermannos et cives pro l. quas eadem reginae pro avro svo in hac parte , ac se asseruit pertinere reddend . ac cum iidem major , aldermanni & cives finem per summam praedictorum l. pro vicesima praedicta fecissent , cum non fecerint , per summonitionem dicti scaccarii graviter distringi secerunt , in ipsorum majoris , aldermannorum et civium dispendium non modicum et gravamen . rex mandavit baronibus , quod demanda quam eisdem majori , aldermannis , & civibus pro l. praedict . per summonitionem dicti scaccarii fecerunt , supersederi facerent , quousque modo debito discussum fuisset , si praedicta regina in hujusmodi casu aurvm habere deberet , necne ? ac etiam ex parte dictae reginae regi dicto ostensum fuisset , quod in * libris , rotulis , et memorandis dicti scaccarii regis continetur , et usitatum invenitur , quod hii qui in pecunia numerata progenitoribus regis spoute se obligant , reginis quae pro tempore fuerunt similiter tenebantur , licet expressum non fuisset , videlicet pro marcis in una mar . auri , & pro m. in duobus marcis auri , & sic deinceps pro majori summa plus , & pro minori minus . rex volens , quod negotium illud per barones discutiatur , et ulterius flat , quod justum fuerit in hac parte . mandat . baronibus , quod scrutatis libris , rotulis et memorandis praedictis , si per inspectionem eorundem & per discussionem coram eis super praemissis faciend . eis constare poterit , ita esse , tunc praedictos majorem , aldermannos & cives ad praedict . l. eidem reginae pro avro svo sine dilatione reddend . compelli , prout justum fuerit fac . teste rege apud westm. die octobris , anno regni nostri undecimo . nota , quod hoc termino vel antea praedicta regina obiit : whereupon i finde no entry of the barons resolution given therein . after this queen mothers decease , the king by his letters patents under the great seal of england , and by privy seals issued to the treasurer and barons of the exchequer authorized thomas earl of norfolk marshal of england , and edmund of woodstock his brothers , and other executors of this queen , to receive and recover all debts due to her , and the arrears of queen-gold ( which he granted to them ) to be levyed with all speed , in the same manner as the queen her self might have done , and as his own debts were levyed . edward par la grace de dieu , &c. au tres . e as barones de nostre eschequer . come entre autres choses que nous avoms grants al executors de testament margaret reigne dengleterre , les deniers grantez , que touts maners de dets que estoient duez de la dit reigne , de levant en la mesme manere come nos fesoms lever les nostres , sicome plus pleinement est contenus en lettres de nostre grand seal ; et nous entenduz que grand provis . del or e dettes ailloms sont uncors arrers . mandoms , que mesme le or , et dettes facer lever a tote le haste que vbous unquez poyres pur le mieulx execution de dit testament . king edward in the year of his reign issued this writ to his barons for the due collection of his queen isabels queen-gold . edward par la grace de dieu , &c. as tresorer & barons de nostre eschequer , salutz . nous vous mandoms , que vous soeffrez isabelle royne dengleterre nostre trescher compaigne , preindre et aver son or sauntz nui nusement , et le facez lever a son oeps , auxi come ad este acustumez ceo enarrire . et ceo ne lessez . don souz nostre prive seal a wint. le jour d'octobre , l'an de nostre regn . . et memorandum , quod breve liberatum fuit camerar . die octobris per praeceptum thess . custodiend . quod quidem breve robertus de hoton clericus dicti thes . recepit eodem die quo aliud breve de privato figillo directum fuit thes . & camerar . de recipiendo avro praedicto ad opus regis . from these records in the reign of king edward the . i shall observe : . that the queen consort her self by her patents constituted a special clerk in the exchequer to demand , collect , and receive her queen-gold , as a legal debt , duty belonging to her . ly . that it was levyed by the same processe as the kings debts were , and that the distresses taken for it were sold by sheriffs and baylifs of liberties , who demanded the same fees for both . ly . that it was due and demanded for a voluntary composition or fine made by the mayor , aldermen , and commonalty of london with the king for the twentieth part of their goods granted in parliament to the king ; though not for the disms , quindisms , and twentieth part when paid in specie , or compounded for by any person for himself alone . ly . that in doubtfull causes concerning this duty of queen-gold , the black or red books , records , memorials in the exchequer were consulted and pursued , to descide the same . ly . that the queen-mother after the king her husbands decease recovered the arrears of queen-gold vested in her before his death , in the reign of the succeeding king , in the self-same manner , and by the like processe in the exchequer , as she should have done in his life-time , but not enjoy any aurum reginae for fines or oblations to the succeeding king. ly . that by the death of the queen mother , the arrears of queen-gold due unto her meerly by her royal prerogative , accrued to the king her son , not to her executors , unlesse specially granted to them by the king : and that her executors by the kings special grant had the self-same process for the recovery thereof and all other debts due unto her , as the king , or queen her self enjoyed in her life-time . ly . that our kings gave special charge to the treasurers and receivers of their exchequer by their writs and mandates from time to time for the levying of this duty of queen-gold , to the use of the queens to whom it was due , without delay or impediment . the records concerning aurum reginae during the reign of king edward the . come next in order to be presented to your view . i shall begin with this writ of privy seal by the king to the treasurer and barons of his exchequer for the levying of all sorts of debts due to his mother queen 〈◊〉 , ( wherein queen-gold was included , and particularly specified by name ) which john de oxenden , her receiver general should shew to be due unto her , by such processe out of that court , as should be most for her profit . edward par la grace de dieu , &c. as tresorier et barons de nostre eschequier saluz . come isabell . reyne dengleterre nostre treschier dame et miere vous eit mandez per ses ( ) lettres , que elle ad establi et assigne son clerk johan de oxenden recevour des issues de ses terres a faire lever totes les dettes que sont dues a nostre dite dame et miere , auxibien des issues de ses dites terres , come de son or , et a faire retrere reconissances faites a nostre dite dame et mere a nostre dite escheqier quele heur q'il verra q'il soit a faire a son profit . vous mandoms qe vous recevez le dit johan a pursuire et parfourmir totes les choses suisdites solon● le purpoet et la tenour des lettres nostre dite miere avantdites . don souz nostre prive seal a wyncestre le . jour de marz l'an de nostre regne quart . what lands are liable to be extended for queen-gold , and from what time , this ensuing record an. e . will resolve us . edwardus dei gratia rex angliae . vicecomiti hereford . salutem . praecipimus tibi , quod de bonis & catallis thomae chaundos , ac etiam de ( ) terris et tenementis quae sua fuerunt anno regni domini edwardi nuper regis angliae decimo nono , seu postea , in quorumcunque manibus eadem terrae et tenementa existant , fieri facias s. d. quos isabellae reginae angliae matri nostrae charissimae , de quodam debito solidorum de avro svo , de fine triginta librarum , pro ( ) licencia acquirend . manerium de lugwardyn habenda : et quod denarios illos habeas ad scaccarium nostrum apud westm . in octabis s. hillarii , johanni de badley ( ) custodi praedicti avri solvend , et habeas ibi hoc breve . teste hugone de sera apud westm . die novembris , anno regni nostri septimo . per rot. de finibus cancellariae de anno . out of what fines and oblations the arrears of queen gold were then levyed for the queen-mother , these records in the exchequer a● . e. . will inform us . * de briano papworth marcas quas ( ) debet isabellae reginae angliae nuper conforti regis edwardi secundi pro auro suo , de ( ) fine marcarum pso custodia terrarum et tenemento●um , quae fuerunt willielmi jeffrez habenda . de † ranulpho de camoys l. quas debet isabella nuper consorti regis edwardi secundi pro auro suo de ( ) fine l. pro custodia terr . et tenemento●um margaretae unius sororum & haeredum richardi foliot habenda . consimile aurum de riohardo gray , ( ) pro custodia et maritagio richardi basset habenda . consimile aurum de isabella de monte hermerii ( ) pro custodia propartis johannae unins so●o●um et haeredis richardi foliot habenda . ibidem , de willielmo turret l. quas debet eidem reginae de auro suo de ( ) fine l. pro maritagio johannis filii et haeredis johannis de cocking habenda . consimile aurum de johanna de vienna pro ( ) maritagio annae , ciciliae , & alianorae filiarum knovill . habend . * de bonis & catallis henrici fauconbridge nuper vicecomitis com. nottingham & derb. fieri facias l. quas idem henricus in curia nostra coram baronibus de scaccario nostro recognovit se debere isabellae reginae angliae , pro tot denariis per ipsum levatis de nich. de meignill & sociis suis ( ) taxatoribus & collectoribus diversarum concessionum domino edwardo nuper regi angliae patri nostro concessarum in dicto com. derby de auro ipsius reginae , & quas ei solvisse debuissent ad , &c. de willielmo de ferrariis l. pro auro reginae , de ( ) l. pro licentia alienandi quaedam tenementa habenda . de johanne de trengham marcas pro auro keginae , de ( ) fine marcarum pro pardonatione habenda . king edw. . by the advise of his counsil in the year of his reign upon complaint of queen philip his confort , issued this writ to his barons concerning the duty of queen-gold , evidencing the legality and antiquity of this duty . rex thes . & baron . suis de scaccario , salutem . ex parte philippae reginae angliae consortis nostrae carissimae nobis est graviter conquerendo intimatum , quod cum hii qui in pecunia numerata nobis se sponte obligant aurum reginae , viz. de centum marcis una marca auri , et de ducentis duae marcae auri , et de aliis certis summis tam minoribus quam majoribus pro rata po●vionis hujusmodi , prout particulariter conceduntur et promittuntur solbere teneantur , ●e●t per certificationem bestram nobis in cancellar . nostra de mandato nostro inde missam plenius apparet : et licet eadem conso●s nostra sicut et caeterae reginae angliae , hujusmodi aurum ad scaccarium nostrum de finibus et obligacionibus nobis et ipsis progenitoribus nostris factis ac aliis summis ad commodum impetrancium concessis et promissis percipere debeat , et aliae keginae praedict . aurum illud percipere consueberint totis temporibus retroactis . quidam tamen praefatam consortem nostram de auro suo praedict . machinantes callidè defraudare , fines & obligationes ex quibus dictum aurum solvi deberet , in naturam & formam aliam pro exoneracione inde habend . convertere moliuntur , & super hoc diversa brevia in cancellaria nostra impetrari & vobis porrigi procurarunt ; quo praetextu eadem consors nostra super levacione auri sui praedicti de diversis pecuniarum summis nobis sic concessis , unde aurum praedictum sibi debetur saepius impeditur , in ipsius conso●lis nostrae grave praejudicium ac dispendium et jacturam , et contra fo●mam statutorum et consuetudinum quae ad scaccarium praedictum appro bantur et in violabiliter obserhantur . super quo nobis est supplicatum , ut sibi in praemissis subveniamus remedio oportuno . nos nolentes praefatae conso●ti nostrae super perceptione auri sui praedicti aliqualiter praejudicari ; vobis mandamus , quod scrutatis statutis , rotulis , et memo●and . dicti scaccarii praemissa tangentia , et eis inspectis et plenius intellectis , bocatisque co●am hobis quos noberitis conbocand . et auditis , tam pro ipsa conso●te nostra , quam pro aliis praedictis , rationibus hincet inde , dictum aurum de ( ) finibus● et obligacionibus et aliis pecuniarum summis de quibus aurum reginae rationabiliter deberi , lebari , et illud praefatae conso●ti nostrae liberari fac . prout tempo●ibus retroactis fieri consuevit , et jurta discretiones bestras fo●e bideritis faciend . aliquibus mandatis , fi quae bobis in contrarium directa fuerint non obstantibus . teste meipso apud turrim london . die marcii , anno regni nostri . per consilium . the barons upon this and a second writ issued to them , after above seven moneths search and deliberation , retorned this certificate to the king , recorded in the exchequer . dominus rex mandavit hoc breve suum de magno sigillo suo quod est inter communia de anno undecimo in haec verba . edwardus dei gratiâ rex angliae , dominus hiberniae , & dux aquitaniae ; thes . & baronibus suis de scaccario salutem . volentes quibusdam certis de causis per vos certiorari , de quibus et quantis pecuniarum summis et a quibus in genere debito●ibus aurum reginae in dicto scaccario secundum legem et consuetudinem ejusoem erigi et lebari debeat , et qualiter et quomodo , necnon de modo et fo●ma lebationis ejusdem : ac de aliis circumstantiis praemissa contingentibus . vobis mandamus , quod scrutatis rotulis et memo●andis scaccarii praedicti aurum hujusmodi concernentibus , de eo quod inde inbeneritis nos sub sigillo scaccarii praedicti distincte et aperte fine dilatione reddatis certio●es ; hoc b●ebe nobis remittentes . teste meipso apud leic. secundo die octobris , annoregni nostri decimo . per consilium . quod quidem breve remittitur domino regi in cancellaria sua , unà cum certificatione inde facta in haec verba . scrutatis rotulis et memo●andis scaccarii besiri super modo et fo●ma lebationis auri reginae secundum teno●em mandati nostri regis , quod vobis remittimus praesentibus interclusum comperimus in quodam * lib●o de eodem scaccario inter quasdam leges et statuta ejusdem scaccarii , per quendam † magistrum ad petitionem sui discipuli in script . redact . & ibidem annotata verba subscripta . * ad haec noverint hii , qui in pecunia numeraeta● regi sponte se obligant , quod regina similiter tenentur , licet expressum non fuerit . quamvis vero non sit expressum est tamen promisso compromissum , ut cum regi scil . centum marcas promiserit reginae pariter teneatur pro c. marcis promissis in . marc . auri ; pro ducentis marcis in . marc . auri ; et sic deince●s . in hiis autem perquirend . eadem lege vic. iper omnia● utetur qua in regiis usus est ; nen tamen ante , sed post . cum ergo de regiis debitis summonitiones fuerint , adest clericus reginae ad hoc constitutus , & addit in summonitio●e , &c. ( as here , p. , . ) usque careat impetrato . secundum quae quidem verba reginae angliae quae pro tempo●e suerunt aurum suum petierunt et habuerunt tempo●ibus retroactis . in the d parliament an. e. . the lords and commons granting to the king the ninth lamb , fleece , and sheaf of the second year , towards the maintenance of his wars ; specially enacted , cap. . item , that the queens gold shall not run in demand by reason of this grant ; ( to wit , by reason of any fine payd to , or composition for a summe of money made with the king by any person , county or place for their ninth lamb , fleece , or sheaf , there being no queen-gold due out of any of them in specie : ) which proves , that if this clause had not been added , queen-gold had been due to and recoverable by the queen out of voluntary fines and compositions in mony for those ayds in kinde . iohannes eston clericus , ( ) receptor auri philippae reginae angliae praesens hic in curia januarii hoc termino cognovit , se recepisse de radulpho de nevill l. s. d. de auro efusdem reginae ipsam contingente de quodam ( ) fine marc . per ipsum radulphum anno . in cancellaria facto ( ) pro custodia duarum partium ter●arum et ten . quae fuerunt willielmi de roos de hamelake , exceptis ducentis libratis redditus de firmis civitatis ebor. & lincoln . & se de eisdem l. s. d. versus dominam reginam in exonerationem praedicti radulphi aurum debere . in the plea rolls , anno e. . in the exchequer , before the barons , i found this inhibition and writ concerning queen-gold . inhibitum est . die januarii hoc anno thomae de hoo vic. com. surr. & sussex , praesenti in curia eodem die , ne recedat à curia quousque computaverit cum philippa regina angliae , de denar . per ipsum lebat . ( ) de auro et aliis debitis ipsius reginae ; tam per diversa brevia hujus scaccarii , quam summon , ejusdem , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea praedictus thomas recessit à curia , licentia super hiis non optenta , neque praefatae reginae in praemissis computato , seu satisfacto , in contemptum domini regis , &c. ideo praeceptum fuit coron . com. praedict . sussex , quod attach . praedictum thomam , &c. ita , &c. à die paschae in dies , ad respondendum regi de contemptu , et ad computand . et satisfaciend . eaedem reginae in praemissis . postea idem thomas praesens in curia primo die octobris hoc anno , pro contemptu praedicto committitur prisonae de ●lete , ibidem moraturus quousque , &c. et incontinenti thomas de clough atturn . praedictae reginae cognovit coram baronibus , quod satisfactum est praefat . reginae in praemissis . et idem thomas de hoo fecit finem cum rege pro contemptu praedicto pro s. d. cujus finis , & liberatur à prisona praedicta . in the * parliament held in the th year of k. edward the d. a fifteenth and a tenth were granted to the king ; after which the burgesses and inhabitants of bristoll for as much thereof as belonged to them to pay , procured from the king a further day of payment , and thereupon entred into a recognizance to the king in the summe of l. for the payment of the same accordingly . hereupon the queen by action commenced against them in the exchequer , demanded of them l. fo● queen-gold . to this action they pleaded , that they ought not in this case to be charged with queen-gold , because this their recognizance was not in nature of a fine made with the king , no● the money therein conteyned in lieu of a fine : to which the queens atturney replyed , that this recognizance was entred into , to the end that the said bailiffs and inhabitants might not be taxed by the collector of the commons , and that no minister , nor the bailiff of the king might intermeddle within their bayliwick with the collection : as also to obtain a longer day of payment ; all which did redound both to the honour and benefit of the said burgesses ; in which case , they ought by the law of england to pay queen gold , a so demanded judgement . upon this doubtfull case ( as mr. hackwill informs me ) the barons of the exchequer for the guiding of their judgements herein , caused the ordinance of aurum reginae in the red book to be enrolled before them , in the record of the said plea. by which it appearing to them , that the queen was in right to have her gold de sponte regi oblatis . that it might likewise appear unto them how sponte oblatum was in this case to be understood , they caused further search to be made in the red book for the chapter de sponte offerentibus ; as much whereof as might concern their purpose , they caused likewise to be transcribed into the said plea depending before them ; which i have * already presented to your view : so as the best and surest way of desciding this question then in hand , in the judgement of the barons of the exchequer in those dayes , was to be guided by the said ordinance , de sponte offerentibus . i cannot yet finde this † plea and record , nor any express resolution of the barons in this case , but it seems to me by the provisions in the statutes of e. . parl. . c. . & e. . ch . . ( made as i conjecture by occasion of this long-controverted case of bristoll ) against the payment of any queen-gold , for or by reason of the subsidies and quindisms then granted by the commons to the king ; and by the writs issued for levying this queen-gold , that the barons were of opinion , that the queen ought to recover her gold in this case , which she did , as this record anno & e. . implyes . memorandum , quod cum . die febr. hoc anno , praeceptum fuit vic. com. glouc. quod de bonis & catallis eborardi le frensh majoris , & aliorum hominum villae bristoll , et suburbiorum ejusdem villae ; ac ettam de ( ) terris et tenementis quae sua fuerunt anno ii. regis nunc , seu postea , in quo●umcunque manibus , 〈◊〉 fieri faceret l. quas debent philippae reginae angliae , de auro suo , de illis l. regi praedicts anno undecimo in cancellar . sua recogn . ita quod denar . illos haberet hic ad crastinum clausi paschae , praedictae reginae solvend . idem vic. videlicet johannes de weston return . ad diem praedictum , quod fecit return . brevis waltero derby , & roberto cheddre ballivis libertatis villae bristoll , extra●quam libertatem , nulla fuerunt bona seu catalla praedictorum eborardi majoris , & aliorum hominum villae praedictae in balliva sua , qui sibi inde nullum dederunt responsum . philippa reginae angliae venit coram baronibus sexto die aprilis hoc anno per thomam del clough atturn . suum , & dicit , quod illud return . factum fuit in favorem dictorum hominum villae bristoll per dictos ballivos , & per sic levacio denar . suorum praedictorum injuste retardatur ; ad dampnum ipsius reginae l. et petit , quod praedicti ballivi qui praesentes sunt in curia super returno praedicto examinentur , &c. et super hoc praedictus walterus de derby computans hic pro se & praedicto roberto cheddre socio suo de debit . regis levand . infra libertatem praedictam anno . regis nunc per barones allocutus , dicit , quod praedictus vic. nullum return . brevis praedicti sibi seu socio suo praedicto fecit , nec ipse nec dictus socius suus aliquod hujusmodi responsum dederunt praefato vic. et hoc praetendit verificare , &c. et praedictus vic. similiter praesens in curia , super compoto suo de eodem anno inde allocutus , dicit , quod ipse fecit return . brevis praedicti praefatis waltero & roberto ballivis dictae villae bristoll apud dictam villam bristoll die mercur. in sept. paschae ultimo praeter . et ipsi ballivi inde sibi nullum dederunt responsum , prout superius versus eos narravit . et de hoc point se super patriam . et praedicti ballivi similiter . ideo fiat inde jur. et praeceptum fuit coron . com. praedict . quod venire fac . hic in crastino ascensionis domini . &c. quorum fex sint de villa bristoll , & alii sex de forinsecis com. praedicti , quorum quilibet , &c. per quos , &c. qui nec , &c. ad recogn . et idem dies datus est partibus . et continuato processu isto usque à die paschae in dies anno regis nunc , &c. continetur alibi in hoc rotulo inter placita hujus termini , & in rotulo placitorum de dicto anno . videlicet , inter placita de termino sancti michaelis . quo die tam praedictus johannes de weston per atturn . suum , sicut continetur inter placita de termino paschae praedict . anno . venerunt ; et praefata regina similiter venit per attornatum suum . et praedictus walterus derby , benè cognovit pro se & socio suo praedicto , quod praedictus vic. fecit return . brevis praedict . sibi & socio suo praedicto , praedicto die mercurii , & quod ipsi non dederunt eidem vic. aliquod responsum . et petit , quod admitti posset ad faciendum finem cum rege pro contemptu illo , pro dictis ballivis , &c. et praefata regina super hoc petit judicium , &c. et habita inde deliberatione , &c. consideratum est , quod praefata regina recuperet bersus walterum derby et robertum cheddre dampna sua , quae tarantur per baron . ad s. et quod ipsi pro contemptu praedicto capiantur , &c. et praedictus walterus le hunt fecit finem cum rege pro contemptu praedicto pro s. cujus finis praetextu cesset executio de capiendo praedictos ballivos , &c. inhibitum est primo die aprilis hoc anno johanni de alveton vic. oxon. praesenti in curia eodem die , ne recedat ab eadem curia quousque computaverit cum philippa regina angliae de denariis ipsius reginae per ipsum vic. in eodem com. levat . tam de auro suo quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea , videlicet septimo die maii prox . sequen . walterus de campeden attorn . praefatae reginae cognovit coram baronibus , quod praediaus dic. computabit et satisfecit eident reginae in praemissis . ideo recedat praedictus vic. in praemissis quietus . eodem modo inhibitum est die & anno supradictis waltero parles vic. com. northt . &c. guidoni seynt-cler vic. com. cant. &c. willielmo de middleton vic. norss . & suff. &c. radulpho de seynt ●wayn vic. com. surr. &c. thomae de la ryvere vic. com. wiltes . johani de dalton vic. somers . & dors . &c. willi●lmo auncel vic. devon. &c. tam de auro & aliis debitis philippae reginae angliae , &c. all entred at large in the rolls of this term. moreover , inhibitum est primo die aprilis hoc anno johanni de coggeshale vic. com. essex . praesenti in curia eodem die , ne recedat ab eadem curia quousque computaverat cum philippa regina angliae de denar . per ipsum vic. levatis ad opus dictae reginae in eodem com. tam de auro suo , quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit sub periculo quod , &c. postea , quia idem vic. recessit à curia licentia sibi super hoc non optenta , neque eidem reginae computato in praemissis , in contemptu regis , &c. praeceptum fuit coron . com. praedicti quod ipsum vic. attach . &c. ita , &c. in octab. sancti michaelis , ad audiend : judicium suum de contemptu praedicto , et ad computand . et satisfac . eidem reginae in praemissis . postea , videlicet die febr. anno . radulphus wolsey venit coram baron . & fecit finem cum rege pro contemptu praedicto , pro praedicto johanne de coggeshale , sicut continetur in rotulo placitorum de anno . inter placita de termino hillarii . et ex assensu consilii praefatae reginae , idem johannes de coggeshale habet diem ad computand . in praemissis in crastino sanctae trinitatis dicto anno . eodem modo inhibitum est die & anno supradictis jacobo lapyn vic. com. kantiae , tam de auro , quam aliis debitis philippae reginae angliae , &c. ( ut supra ) postea , videlicet die junii , praedictus jacobus praesens in curia , quia idem vic. recessit à curia licentia super hoc sibi non optenta , neque eidem reginae computato , &c. committitur prisonae de ●lete , pro contemptu praedicto , 〈◊〉 . et incontinenti thomas del clough atturn . praefatae reginae cognov . quod praedictus jacobus computavit & satisfecit praefatae reginae in praemissis . et idem jacobus fecit finem cum rege pro contemptu praedicto pro dimid . marc. cujus finis praetextu deliberatur à prisona praedicta . praesente in curia die junii hoc anno jacobo lapyn nuper vic. com. kanc. super compotum suum de officio vicecom . illius de anno regis nunc ; philippa regina angliae venit coram baronibus per thomam de clogh ( ) atturn . suum , et queritur de praefato nuper vic. de eo videlicet , quod cum sex brevia sigilli hujus scaccarii consign . pro praefata regina apud cantuar. in festo sancti stephani anno regis nunc , liberata fuerunt praefato vic. per manus ( ) johannis dymmock cursoris hujus scaccarii exequend . per billam quam ostendit curiae in haec verba . memorandum , quod jacobus lapyn vic. kanc. recepit de iohanne dymmock cursore scaccarii domini regis apud cantuar. die mercur. in festo sancti stephani anno . sex brevia pro philippa regina angliae , & . brevia pro isabella regina angliae , &c. quae quidem brevia fuerunt returnabilia ad idem scaccarium ad crastinum sancti hillar . tunc prox . sequen . quorum unum fuit de fieri faciend . de bonis & catallis thomae vicar . de recolure , iacobi lapyn , iohannis underwall , & roberti mande s. d. quos debuerunt praefatae reginae de auro suo de ( ) quodam fine marc . pro licenc . eis dand . assignare tribus capellanis in ecclesia praedicta celebraturis quaedam terr . etten . in recolure . et secundum breve de fieri faciendo de bon . & catall . fratris thomae praepositi prioratus de fowstan & richardi de cressevil personae ecclesiae de rolvyndenn & iohannis de reynford personae ecclesiae sancti clement is de h●sting s. quos debuerunt praefatae reginae de auro suo ( ) de fine l. pro custod . prae . dictt prio●atus habenda . et tertium breve de fieri faciendo , de bonis & catallis eliae port et thomae filii ejus , s. d. quos debent dictae reginae de auro suo de ( ) fine facto pro erto●sione . et quartum breve de fieri faciendo de bonis & catallis hugo . de dudeley l. s. quos debet praefatae reginae de auro suo de quodam ( ) fine marc. pro custodia terr . et ten . et maritag . haered . de graystock habenda . et quintum breve de fieri faciendo de bonis & catallis , terr . & ten . waresii ate capele s. quos debet praefatae reginae de ( ) fine pro transgr . et sextum breve de distringendo johannem beaufiiz , nuper ballivum praefatae reginae in com. kanc. ad reddend . eidem reginae compotum de tempore quo fuit recept . denar . ipsius reginae , & compotum inde nondum reddidit . idem nuper vic. brevia praedicta nec aliquod eorundem , ad dictum crastinum sancti hillarii nondum returnavit , set in favorem partium versus quas praefata regina sequebatur , & in retardationem levationis denar . praefatae reginae brevia illa penes se detinuit , in laesionem sacramenti sui , contemptum mandatorum regis , et ad dampnum praefatae reginae marc . et hoc offert , &c. et praedictus jacobus defendit dampnum & quicquid , &c. et benè cognovit praedictam billam esse factum suum , & quod ipse recepit sex brevia supradicta in forma praedicta ; set dicit , quod quidam robertus pellebien suit subvic . suus tunc temporis , et returnator omnium brevium eidem nuper vic. directorum , et habuit in custodia sua omnia brevia praedicta , et obiit ante dictum crastinum sancti hillarii , videlicet in vigilia epiphaniae domini , & brevia praedicta post mortem dicti roberti devenerunt ad manus executorum suorum ; ita quod idem nuper vic. brevia illa habere , nec ipse ob dictam causam dicta brevia returnare non potuit . et petit judicium , si aliqua injuria in persona sua assignari poterit , &c. et praedicta regina per dictum atturnatum suum dicit , ex quo praedictus nuper vic. cognovit praedictum robertum ministrum suum fuisse , pro quo habet respondere , &c. e● etiam , quod ipse recepit brevia praedicta , et ea non returnavit prout , &c. petit judicium inde una cum dampnis , &c. et quod praedictus nuper vic. amercietur , eo quod in billa praedicta non declaratur quae et cujusmodi brevia illa fuerunt , nec quo die fuerunt returnabilia , &c. et habita inde deliberatione , &c. consideratum est , quod praefata regina recuperet versus praefatum jacobum dampna sua , quae tarantur per barones ad — s. — d. & quod dictus jacobus quia non declaravit billam suam praedictam , et etiam pro transgr . praedict . sit in misericordia . et afferatur per barones ad dimid . marc . inhibitum est primo die aprilis hoc anno miloni de stapleton vic. com. eborum praesenti in curia eodem die per johannem de stoke attornatum suum , ne recedat à curia quousque computaberit cum philippa ( ) regina angliae de denar . per ipsum vic. levat . in com. praedicto ad opus ipsius reginae de dibersts debitis suis , tam de auro suo , quam de aliis debitis dictam reginam ibidem concernentibus , satisfecitque ei de omni eo quod per compotum illum deberi contigerit sub periculo quod , &c. eodem modo inhibitum est die & anno supradictis johanni wal●ys : vic. com. not. de auro et aliis debitis philippae reginae angliae , &c. johanni de burton vic. com. salop. johanni musard vic. com. stafford . gilberto chastylon vic. com. warr● . richardo de brigges vic. com. heref. thomae casey vic. com. wygorn . johanni de weston . vic. com. glouc. &c. de auro et aliis debitis philippae reginae angliae , &c. de denariis , ●c . ut supra . all entred severally at large , like as that to the sheriff of york● . writs issuing this year to most sheriffs of england for levying the arrears of queen-gold . north. ss . computante hic modo ad hunc diem johanne de stratton ballivo libertatis villae northt . de debitis regis levat . & levabilibus infra libertatem praedictam ; inhibitum est ei ne recedat a curia , quousque satisfecerit philippae reginae angliae de marc. quas homines hillae praedictae debent praefatae reginae de auro suo de quodam ( ) fine marc. per ipsos homines facto pro dibersis grabaminibus et oppresstonibus regi et populo suo per ipsos illatis , et super eosdem homines , coram willielmo de shareshull et sociis suis justic . anno regis nunc praesentat . sub periculo quod , &c. postea ex assensu consilii praefatae reginae , idem johannes habet diem ulterius sub inhibitione praedicta usque crastinum clausi paschae , ad satisfaciend . praefatae reginae in praemissis . ad quem diem praedictus johannes venit : et thomas del clough atturn . praefatae reginae cognovit , quod satisfactum est praefatae reginae de marc. praedictis : ideo recedat praedictus johannes in praemissis quietus . london ss . praesente in curia rogero de cloun ( ) clerico nuper thes . philippae reginae angliae , ac receptore denar , ipsius reginae , tant de miridi cera et auro , firmis et reddit . quam aliis debitis quibuscunque ad ipsam reginam pertinentibus ; inhibitum est ei ne recedat à curia quousque computaverit cum praefata regina de tempo●e quo fuit thes . et recepto● . denar . ipsius reginae , ut praemittitur , satisfecitque ei de omni eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea ex assensu consilii ipsius reginae datus est dies praefato rogero ulterius ad computand . & satisfaciend . in praemissis , usque à die sancti michaelis in dies , sub inhibitione praedicta . ad quem diem praedictus rogerus ven . & ex assensu consilii praefatae reginae idem rogerus habet diem ulterius in praemissis usque oct●b . sancti hillarii sub inhibitione supradicta . ad quem diem praedictus rogerus venit , & habet diem ulterius ex assensu consilii ipsius reginae in praemissis usque à die paschae in quindecim dies . ad quem diem praedictus rogerus venit , & ex assensu consilii praefatae reginae habet diem ul●erius in praemissi● usque à die sanctae trinitatis in . dies , sub inhibitione praedicta . ebor. ss . dominus rex mandavit hic breve suum de magno sigillo suo , quod est inter communia de hoc anno , termino videlicet sancti michaelis , in haec verba . edwardus dei gratiâ rex angliae , & franciae , & dominus hiberniae , thes . & baronibus suis de scaccario salutem . cum sexto die junii anno regni nostri angliae vicesimo quarto , per literas nostras patentes , commiserimus dilecto clerico nostro willielmo de dalton custodiam omnium terrarum & ten . cum pertinentiis , in magn . houghton , crophull & baynho quae suerint briani safray defunct . qui de haerede laurentii de hastings nuper com. pembr . defunct . qui de nobis tenuit in capite , infra aetatem , & in custodia nostra existente , tenuit per servitium militare , & quae per mortem praedicti briani , & ratione minoris aetatis haeredis ejusdem briani in manu nostra extiterunt . habend . à festo paschae tunc ultimo praeterito , usque ad legitimam aetatem haeredis praedicti briani , una cum maritagio ejusdem haeredis , absque disparagatione ; reddendo nobis in garderoba nostra pro custodia praedicta per annum centum solidos , & solvendo nobis ibidem pro maritagio praedicto decem libras ; ac sextodecimo die decembris tunc prox . sequen . capto homagio thomae safray , consanginei & haeredis aliciae filiae & haeredis praedicti briani , quae dum infra aetatem & in custodia nostra fuit diem suum clausit extremum , de omnibus terris & tenementis quae per mortem praefati briani , & ratione minoris aetatis ejusdem aliciae , ad manus nostras devenerunt , ei terras & ten . illa reddiderimus eaque sibi mandaverimus liberari , sicut per inspectionem rotulorum cancellariae nostrae nobis constat . et quia praedictus willielmus de custodia seu maritagio praedict . ●o quod praefata alicia filia & haeres praedicti briani statim sic obiit , se non intromisit , sicut dilectus clericus noster willielmus de retford , nuper custos garderobae nostrae nobis est testificatus ; praefatusque willielmus dictas literas nostras patentes , sibi de custodia & maritagio praedictis sic factas , nobis in cancellaria nostra restituit cancella●das : vobis nuper mandavimus , quod demandae quam eidem willielmo pro dictis centum solidis annuis pro custodia praedicta , & dictis decem libris pro maritagio praedicto , ad opus nostrum reddend . fieri fecistis supersedere , & ipsum inde ad scaccarium praedictum exonerare , & quietum esse faceretis , sicut per inspectionem rotulorum dictae cancellar . nostrae nobis constat . et ideo vobis mandamus , quod demandae quam eidem willielmo ( ) pro auro philippae reginae angliae consoxtis nostrae occasione praemissa ad opus ipsius reginae solbendo , fieri saciatis supersederi , et ipsum inde ad idem scaccarium eronerati , et quietum esse faciatis supradicta . teste meipso apud westm . die octobris , anno regni nostri angliae vicesimo septimo , regni vero nostri franciae quartodecimo . et modo ad quindenam sanc●i martin● , venit hic praedictus willielmus in propria persona sua , & dicit , ipsum grabiter diffridum esse ad sectam praefatae reginae per mic. eborum pro s. quos eadem e●igit de eodem willielmo de auro ab ipsam spedante pro didis l . ( ) pxo maritagio praedicto , et hoc injuste , quia dicit , quod ipse de maritagio pxaedicto se non intromisit , sicut superius in brevi annoteur ; quo praetextu rex mandavit thes . & baronibus scaccarii , quod de dictis l. pxo maritagio pxaedicto erga regem ipsum eronerarent , et quietum esse facerent , et desicut ipsi maritag . illud non habuit , nec se inde intromisit , et erga regem eroneratus eristis ; ita quod rex nullum profic●um de maritag . illo percepit , nec habuit ; et per sic eadem regina aurum erigere non potest , nechabere debet . petit idem willielmus exonerari & quietus fieri , juxta tenorem mandati regis supradicti . et super h●c quaesitum est à johanne de hedyndon ( ) atturn . praefatae reginae , si quid habeat , vel dicere sciat pro praefata regina , quare praedictus willielmus de s. praedictis erga ipsam reginam exonerari non debet ? dicit , quod non ; set quod dictus willielmus inde de jure est exonerandus . ideo consideratum est , quod praedictus willielmus de s. praedictis erga praefatam reginam exoneretur , & inde recedat quietus , et quod executio versus eum in hac parte inchoata cesset omnino . inhibitum est die novembr . hoc anno johanni de reynes vic. com. northampt . praesenti in curia eodem die , super compot . suum , de officio vicecom . illius de an. regis nunc , ne recedat a curia priusquam satisfecerit philippae reginae angliae de s. d. de precio bonorum et catall . abbatis de burgo sancti petri per ipsum vic. in manum regis capt . sicut continetur in returno ipsius vic. facto in crastino sancti hillarii ultimo praeterito pro . marc . quas debet praefatae reginae de auro suo pro quodam ( ) fine l. pro custodia tempo●alium praedictae abbatiae tempo●e bacationis habend . sub periculo quod incumbit . postea , viz. die november . tunc prox . sequent . idem johannes solvit ad receptam dictae reginae s. d. praedictos per unam talliam levatam dicto . die novembr . ad dictam receptam , coninentem ●olutionem inde , quam talliam johannes de holt attornat . praefatae reginae cognovit esse veram , & denarios praedictos solutos fuisse ad dictam receptam . inhibitum est . die maii hoc anno waltero parles vic. northt . &c. ne recedat ab eadem curia , quousque satisfecerit philippae reginae angliae de marc . quas idem vic. cognovit se levasse potuisse de bonis et catallis , terris & tenementis prioris & conventus abbatiae de burgo sancti petri , praetextu brevis regii sibi directi de levando de bonis & catallis dicti prioris & conventus marc . & dimid . quas debent praefatae reginae de quodam debito de . marc . de auro ad ipsam reginam spectante , de quodam fine marc . pro custodia temporal . ejusdem abbaciae nuper vacantis . postea , ex assensu consilii praefatae reginae datus est dies praefato waltero ulterius in crastino ascensionis domini , ad solvend . marcas praedictas , quem diem solutionis praedictus walterus assumpsit ; ad quem diem praedictus walterus solvit praefatae reginae ad receptam suam . mar . praedict . per manus prioris de burgo sancti petri , per unam talliam levat . ad dictam receptam to die junii hoc anno , quam talliam johannes de holt attornat . praefatae reginae cognovit esse veram , & dictos marc . solutas fuisse ad recept . praedict . ideo recedat praedictus vic. de inhibitione praedicta quietus . inhibitum est . die maii hoc anno gilberto chasteleyne nuper subvic . war. & leic. praesenti in curia eodem die , super compotum suum de officio vicecom . illius de anno regis nunc per johannem sned attorn . suum , ne recedat ab eadem curia , quousque satisfecerit philippae reginae angliae de s. d. quos abbas sancti nicholai andeg. debet praefatae reginae , ( ) de auro ad ipsam reginam spectante , de quodam ( ) fine marc . per gilbertum de sohis procurato●em dicti abbatis concessis regi , pro custodia dictae abbatiae prae caeteris babenda , et ad quozum s. d. balentiam , idem nuper subbic . cepit bona et catalla dicti abbatis in manum regis , prout liquet per return , suum ad crastinum sancti michaelis anno regis nunc factum , sub periculo quod , &c. postea ex assensu consil . praefatae reginae datus est dies e●dem gilberto ulterius , sub inhibitione praedicta , usque à die sancti johannis baptistae in dies . ad solvend , praefatae reginae s. d. praedictos . ad quem diem dictus gilbertus venit , & habet diem ulterius ex assensu consilii praefatae reginae usque octab. sancti michaelis , ad solvend . praefatae reginae s. d. de praedict . ad quem diem praefata regina venit , & praedictus gilbertus plur , vocatus non venit , neque denar . praedict . solvit , in contemptum regis ; ideo attachietur , &c. et praeceptum fuit vic. quod ipsum attach . &c. ita , &c. in crastino sancti michaelis , ad audiend , judicium suum de contemptu praedicto . et continuato processu isto usque crastinum sancti michaelis anno . &c. sicut continetur in ligulis brevium . quo die vic. return . brev . sibi directum , & quod praedictus gilbertus mortuus fuit , &c. et nulla habuit bona seu , &c. unde aliqni denar . &c. ideo non fiat ulterius executio de ipsum attach . &c. sed fiat — ulterius ad levand . debit . praedict . an. e. . inhibitum est die octobris hoc anno johanni de wycomb praesenti in curia eodem die , ne recedat ab eadem curia quousque satisfecerit philippae reginae angliae de s. de avro ad ipsam reginam pertinente de quodam ( ) fine per ipsum coram thomam de bradeston et sociis suis nuper iustic ▪ regis in com. glouc. ad diversas oppressiones , extors . dampn . et conspir audiend . et terminand . assign . nuper fact . sub periculo quod &c. postea , scilicet die octobris prox . sequen . praedictus johannes venit coram baronibus , & dicit , se solvisse praefatae reginae s. praefatos per unam talliam levat . ad recept . praedict . die ; quam quidem tall. johannes de holt atturn . praefatae reginae cognovit esse veram , praefatumque johannem de wycomb solvisse ad recept . praefatae reginae s. supradict . in the first parliament an. 〈◊〉 e . ch . . the king granted a general pardon to the commons ; whereupon the said commons granted to our soveraeign lord the king a quinzyme yearly to be levyed , and gathered in the manner as the last quinzyme granted to the king was levyed , and to be payd at the feasts of saint myghell and easter next coming by even portions . after which it immediately followes in the act ; and our said soeraign lord the king hath granted to the said commons , that for the said quinzyme so granted , no gold shall be demanded nor levyed to the use of the quéen , but that the said commons shall be thereof wholly discharged . which likewise proves , that it was usually demanded and levyed before that time out of fines and compositions for quinzismes and disms , else this special grant of the king had been superfluous . an. e. . memorandum , quod cum praeceptum fuit vic. bed. & bucks , quod de bonis & catallis willielmi troysor , necnon de ( ) terr . & ten . quae sua fuerunt an. regis nunc , seu postea in quorumcunque manibus , &c. fieri fac . l. quas idem willielmus debet philippae reginae angliae de avro svo ipsam contingente , de quodam ( ) fine l. per ipsum willielmum facto , pro custod . duarum partium terr . et ten . quae sunt de parte margaretae unius filiarum et haeredum willielmi dabernoun qui de rege tenuit in capite , & quae per mortem praedicti willielmi , & ratione minoris aetatis praedictae margaretae in manu regis existant ; habend . unà cum maritagio ejusdem margaretae ; ita quod dict . l. haberet hic inde ad hunc diem praedict . reginae solvend . et idem vic. viz. johannes de hampden return . quod praedict . willielmus nichil habuit in balliva sua unde denar . aliquo modo levasse potuit . praefata regina venit coram baronibus hujus scacc. prox . die octobr. hoc anno per johannem holt attornatum suum ; et dicit , quod praedict . willielmus est praesens in curia , et petit , quod inde examinetur et satisfaciet eidem reginae inde antequam , &c. et super hoc idem willielmus inde allocutus benè cognov . quod ipse tenetur praefatae reginae in denariis praedictis ; ad quod solvend . habuit diem in crastino cl. paschae ex assensu consilli ipsius reginae , sub inhibitione praedicta , quam diem solutionis admisit sub periculo quod , &c. ad quam diem praedictus willielmus venit , & ex assensu consilii praefat . reginae habet diem ulterius in octab. sanctae trinitatis ad solvend . denar , praedict . ad quam diem praedict . willielmus venit , & habet diem ulteriorem ad denar . illos solvend . à die sancti michaelis in dies . ad quam diem praedict . willielmus venit , & habet diem ulter . ex assensu consilii ipsius reginae ad denar . illos solvend . à die sancti hillarii in dies . ad quam diem praedict . willielmus venit , et solvit praefatae reginae l. praedict . prout johannes de holt attornatus praefatae reginae coram baronibus recogn . ideo recedat quietus . anno e. ● . these writs issued to one county to levy queen-gold . ebor. ss . memorand . quod cum thomas de musgrave vic. ebor. per diversa brevia ad hunc crastinum returnat . levasset ad opus philippae reginae angliae de diversis debitis suis , videlicet , de bonis et catallis thomae bertram ( ) et pleg . suo●um s. d. de quodam debito . marc . ad ipsam reginam spectante de avro svo , de quodam ( ) fine . marc . per ipsum facto pro diversis transgressionibus parcis johannis de warenna comitis surr. et l. s. d. de bonis & catallis henr. percy militis de constmili auro , de quodam fine marc . pro ( ) licentia concedend . henrico percy filio suo et margar. filiae radulphi de nevil certa maneria in com. northumbr . et eborum . et l . s. d. de radulpho nevill de constmili auro de quodam ( ) fine marc . pro licenc . quod margar. filia ejus se maritare posset cuicunque voluerit , &c. et s. de richardo de whateby pannar . eborum de constmili auro de quodam ( ) fine l. pro pardon . factur . pannorum reg. habend . et s. de adam de sothinghale de cons●mili auro de quodam ( ) fine l. facto pro quibusdam transgressionibus . et. s. de johanne charles persona ecclesiae de langham de constmili auro , de quodam ( ) fine l. quod ivit armatus in terrorem populi , et contra pacem . et. s. d. de roberto filio johannis de consimili auro de quosdam debit . s. d. de consimili auro de quodam ( ) fine marc . pro licenc . quod willielmus kay et alii , dare possent l . redd . in wak●field ad manum mortuam . et s. de rogero de henningham cive eborum de consimili auro , de quodam ( ) fine l. pro carta de licenc . habend . et s. de marmaduco le conestable de consimili auro de quodam ( ) fine l. pro carta de licenc . habend . idem vic. venit coram baron . & dicit , se solvisse denar . praedictos praefatae reginae ad receptam per . tall. levat ad dictam recept . primo die octobris hoc anno , quas ostend . curiae , et quas johannes holte attorn , ipsius reginae cognob . esse veras , et denar . in eisdem content . solut . fuisse ad recept . praedictam . that queen-gold was due to the queen of england for voluntary oblations and fines in ireland as well as england , is evident by this memorable record in the tower , an. e. . rex justic , cancellar . & thes . suis hiberniae salutem . ex parte philippae reginae angliae consortis nostrae carissimae , nobis est graviter conquerendo monstratum , quod licet ipsa habeat et percipiat , ac habere et percipere debeat , ipsaque et omnes praedecessores suae reginae angliae habere et percipere consueberint a tempore quo non extat memoria pro avro reginae ( ) unam marcam de singulis decem marcis ( ) omnium finium nobis in curiis nostris , tam in anglia quam in hibernia factorum : robertus tamen de holiwod id quod ad ipsum robertum praefatae cansorti nostrae pro auro reginae de quodam ( ) sine nobis in curia nostra in dicta terra hiberniae facto pertinet solvndum , eiem reginae omnino solvre contradicit ; asserens , hujusmodi aurum eidem consorti nostrae de jure in dicta terra hibernia non deberi , et sic idem robertus ipsam consortem nostram de avro svo in eadem terra hiberniae subtilitatibus , et coloribus exquisitis machinatur defraudare ; unde nobis est supplicatum , ut super hoc remedium oportunum apponi faciamus . nos advertentes quod si idem robertus ad propositum suum in hoc casu attingere posset , hoc non solum in dictae consortis nostrae dampnum , verumeciam * in nostram exhaeredationem cederet manifeste , ac volentes eo praetertu hujusmodi dampno , praejudicio , et exhaeredacioni praecavere , vobis mandamus firmiter injungentes , quod omnes summas quae praefatae consorti nostrae de omnibus finibus , tam per praedictum robertum quam per alios in quibuscumque curiis nostris hibern . nobis factis eidem consorti nostrae pro auro reginae debentur , sine dilatione levari , et praefatae consorti nostrae solvi et liberari faciatis , prout ante haec tempora fieri consuevit ; ita quod nobis exhaeredacio vel praefatae consorti nostrae dampnum nullatenus generetur in hac parte . teste rege apud westmonasterium . die julii . an. e . northumb. ss . memorandum , quod cum praeceptum fuit vic. northumbr . per breve hujus scaccarii , quod de bonis & catallis thomae de dalton , necnon de ( ) terris et tenementis quae sua fuerunt anno . regis nunc seu postea in quorumcunque manibus , &c. fieri fac . s. d. quod debet philippae reginae angliae de quodam debito s. d. de auro ipsam contingente de quodam ( ) fine marc . pro quibusdam terris in wethangs et saldwell sibi per regem concess . ita quod dictos s. d. haberet hic ad hunc diem praefatae reginae solvend . idemque vic. videlicet johannes heroun return . quod cepit bona & catalla praedictae thomae ad valenc . praedictorum , s. d. quae penes ipsum remanent invendita , &c. the same year the queen demanding l. queen-gold , instead of l. for one and the same fine of l. because extant in the extracts returned by the justices itinerant , and in the rolls of the chancery ; upon complaint thereof to the king he issued this writ of supersedeas to the treasurer and barons of the exchequer in their behalf . rex thesaurar , & baronibus suis de scaccario salutem . cum nuper johannes loveday qui de quibusdam feloniis , oppressionibus , extorsionibus & transgressionibus per ipsum in com. berks. perpetratis coram willielmo de notton & sociis suis nuper justic . nostris ad diversas felonias , transgressiones , oppressiones , extorsiones , conspirationes & excessus in eodem com. berks audiend . & terminand . assign . indictatus , ( ) finem nobiscum pro pardonatione nostra a nobis in hac parte habend . per quadringentas marcas fecisset . & nos postmodum duodecimo die decembris prox . praeterit . pro securitate de fine praedicto nobis solvendo habend . per breve nostrum mandaverimus willielmo de haywood vic. nostro sutht . quod si hugo de berewyke miles , thomas de barantyn , thomas dyley , johannes loveday de mugewell , johannes chance de com. oxon. johannes clet , & willielmus notton de com. berks. manucapere vellent ; videlicet , quilbet eorum in solidum pro praefato johanne loveday , quem in dicto brevi nostro johannem loveday de elvedon nominavimus , de solvendo nobis ad receptam scaccarii nostri dictas quadringentas marcas , videlicet centum marcas in octabis sancti hillarii tunc prox . futur . centum marcas in festo paschae tunc prox . sequen . centum marcas in festo sancti michaelis tunc prox . sequen . & centum marcas in festo sancti hillarii tunc prox . sequen . tunc manucaptionem illam reciperet ; & in casu quo aliquis dictorum manuceperet ob infirmitatem vel aliam causam rationabilem coram ipso vic. ad intrand . in manucaptionem praedictam venire non posset , & loco sui alius ita sufficiens in hujusmodi manucaptionem intrare vellet , tunc ipsum ad hoc admitteret , & capta manucaptione illa nos inde in cancellaria nostra certificavit , quod johannes bardolf miles , johannes loveday de mugewell de com. oxon. thomas hustarl , iohannes clet , vvillielmus notton , iohannes austy , ni●holaus atte crouch , petrus cuttingden , iohannes de budene & rogerus lovekyn de com. berk. & quilibet eorum insolidum manuceperunt coram ipso vic. pro praefato iohanne loveday de elvedon de fine praedict . nobis ad dictos terminos in forma praedicta solvendo ; quos quidem iohannes bardolfe , thomam hustarl , johannem austy , nicholaum , petrum , johannem de budene . & rogerum in dicto brevi non nominatis idem vic. loco praedictorum hugonis de berewyke , thoma barantyn , thomae doyly & johannis chance in eodem brevi nominatorum in manucaptionem illam virtute mandati nostri praedicti admisit , sicut per certificationem ipsius vic. ac tertiam partem cujusdam indentur . inter ipsum vic , & dictos manucaptores confect . nobis in cancellaria nostra per dictum vic. missas , & in rotulis dictae cancellar . irrotulatur ; quorum quidem brevis certificationis & indenturae tenorem vobis ad dictum scaccarium in extractis cujusdam cancellar . misimus , plenè liquet ; ac jam ex gravi querela praedicti johanis loveday de elveden acceperimus , quod licet ipse nisi unum finem tantum per quadringentas marcas pro ( ) pardonatione nostra praedicta habenda nobiscum fecisset , & nobis de trescentis marcis inde pro terminis praedictis , juxta formam manucaptionis praedictae satisfecerit ; vos nichilomius pro eo quod in extractis praedicti willielmi de notton vobis missis inseritur , quod iohannes loveday finem fecit nobiscum per quadringentas marcas pro pardonatione praedicta , & in dictis extractis cancellariae nostrae inseritur , quod johannes loveday de elveden finem fecit nobiscum per quadringentas marcas pro pardonatione praedicta , & pro eo quod quaedam variatio nominum & cognominum manucaptorum praedictorum in extractis cancellariae nostrae & extractis praedicti willielmi de notton habet , praetendentes ipsum johannem loveday qui finem fecit coram praedicto willielmo de notton , non esse candem personam quam in dicto brevi johannem loveday de elvedon nominavimus , set diversas personas , et sic duos fines utrumque , videlicet de quadringentis marcis nobiscum factos fuisse octingentas marcas de praefato johanne de loveday de elvedon , videlicet quadringentas marcas de fine facto coram praefato willimo de notton sub nomine johannis loveday ; & alias , buadringentas marcas de fine facto in cancellaria nostra sub nomine johannis de loveday de elvedon , necnon avrvm reginae juxta ratum octingentarum marcarum lebari demandastis , & ipsum ea occasione graviter distringi , & multipliciter inquietari faciatis , in ipsius johannis loveday de elvedon grave dampnum & depauperacionem manifestam , super quo nobis supplicavir sibi per nos de remedio provideri . et quia plenè nobis constat , quod praedictus johannes loveday qui coram praefato willielmo de notton sic indictatus fuit est eadem persona quae in dicto brevi nostro johannes loveday de elveden nominatur , & quod ipse nisi unicum finem per quadringentas marcas pro pardonacione nostra praedicta fecit : nolentes ipsum johannem loveday indebitè onerari ; vobis mandamus , quod satisfacto nobis de quadringentis marcis tam pro fine praedicto , ac philippae reginae angliae consorti nostrae charissimae de avro reginae ad ipsam de eisdem quadringentis marcis pertinente , demandae quam eidem iohanni loveday pro aliquibus pecuniarum summus ad opus nostrum , seu praedictae consortis nostrae de aliquo alio fine quadringentarum marcarum per ipsum ex causis praemissis nobiscum facto solvend . fieri faciatis supersederi , & tam ipsum iohannem loveday quam manucaptores suos praedictos inde ad dictum scaccarium prout justum fuerit exonerari , et quietos esse fac . variacione cognominis praedict . iohannis loveday ac nominum & cognominum manucaptorum suorum praedictorum in extractis dictae cancellar . nostrae & extractis praedicti willielmi de notton , seu eo quod praedictus finis quadringentarum marcarum tam in extractis dictae cancellariae , quam extractis ipsius willielmi de notton ad dictum scaccarium missus fuit non obstantibus . proviso semper , quod nobis de dictis quadringentis marcis pro uno sine , tam ac praefatae consorti nostrae de avro reginae ad ipsam de unico fine quadringentarum marcarum respondeatur , prout decet . teste meipso apud westm . die octobris , anno regni nostri angliae tricesimo quarto , regni vero franciae vicesimo quarto . hoc breve allocatur in magno rotulo de anno . in berks. these two records anno e. . i have examined and transcribed out of the rolls themselves in the exchequer ; besides which i finde in some notes concerning aurum reginae , collected by mr. hall ( an antient deceased attorney in the exchequer , communicated to me by his son who succeeds him , and hath given me his best assistance in searching , examining and transcribing the records in the kings remembrancers office which concern this duty ) that iohn de estre receiver general of queen philips queen-gold and other debts , rendred an account thereof amongst other things this year ; the original record whereof i cannot yet meet with in my search ; and therefore shall present you only with mr. halls breviate of it . in compoto johannis de eston recept . general philippae reginae à decimo die julii anno . usque quartum novembr . an. regis e. . sub titulo avrvm reginae . sundry sums of money in several shires of that nature accounted for , which had been levyed to the use of the queen by several sheriffs of several shires there mentioned ; viz. london , surr. sussex , cant. glouc. hereff. warr. ebor. devon. bedf. hunt. wigorn. rutl. leis. southt . kanc. norff. salop , lincoln . nott. and amongst others , rutl. de willielmo de overton vic. per ipsum recept . de rolando davyes de auro reginae de ( ) fine l. fact . in cancellar . an. e . pro custod . terr . et ten . quae fuerunt thomae de basings usque ad aetat . haered . ejusdem thomae , s. not. de iohanne de dryby de auro reginae de ( ) fine l. pro maritag . eliz. filiae et haered . thomae de hertz , fact . in cancellar . anno edw. . l. salop. robert corbet de morton vic. per ipsum ret. de ball. & aliis hominibus villae salop de auro reginae de ill . marc . ( ) pro exonerac . hobelar . et sagittar . anno e . habend . s. d. with divers others of several natures therein contained . an. e. . richardus bradshaw de hyndley executor testamenti willielmi bradshaw , & nicholaus atherton & agnes uxor ejus coexecutrix de testamento praedicti willielmi , & ( ) tenentes terrarum & tenementorum quae fuerunt praedicti willielmi , l. s. d. versus ipsos recuperatur de parte decem marcarum , quas praedictus willielmus debuit isabellae nuper reginae angliae de auro suo de quodam ( ) fine marcarum pro transgressionibus , per ipsum regi factis , sicut continetur in memorandis ex parte rememoratoris regis de anno . regis hujus , viz. in term. de trin. & in term. s. michaelis , in magno rotulo de anno e . lancastr . post nova oblata . consimile de johanne johnson , & de rogero bolton , s. d. & johanna de lawes , s. d. pro consim . auro ibidem . an. e. . prior ecclesiae beatae mariae wygorn , dat . viginti libras solutas in hanaperio pro ( ) licentia adquirendi sex messuagia , duas carucatas & tres virgatas terrae , & triginta tres solidos & octo denarios redditus cum pertinentiis in wigorn . habend . ad manum mortuam . teste rege apud westm . to die junii . praecept . est vic. wig. quod de bonis & catallis prioris & conventus ecclesiae beatae mariae wigorn. in balliva sua fieri faceret s. quas debuit philippae nuper reginae angliae consorti regis carissimae defunctae de auro suo , de quodam ( ) fine l. pro licentia adquirendi sex messuagia , duas carucatas , et tres virgatas terrae , et s. d. redditus , cum pertinentiis in wigorn . habendis in manum mo●tuam : qui quidem denarii ( ) occasione mortis ipsius nuper reginae ad manus regis devoluti sunt . ita quod denarios illos habeat ad scaccarium nostrum apud westm . in crastino sancti martini regi ibidem solvendos . teste thoma lodelowe apud westm . die julii , &c. per originale de anno regis nunc . anno e. . the king issued sundry writs to divers sheriffs to levy several arrears of queen-gold due to queen philip deceased , devolved to himself as king by her death , some of which he pardoned out of special grace . dominus rex mandavit hic breve suum de privato sigillo quod est inter communia he hoc termino in haec verba . edward par la grace de dieu roy dengleterre , & fraunce , & seigneur dirland , as tresorer & barons de nostre exchequer salutz . come de nostre grace especial eoms pardonez au priour de christchurch de canterbirs , johan walleyes , tho. de walton , & wau●er dautre persona de leglise de retherfield , simon de burgh , & william top●lyff nadgairs gardeins de les temporaltes lerchevesqe de canterbirs quaxt elle estoit darreinment void , & les ditz temporaltees en nostre maine , par celle cause les sessante livers courante en demande en nostre exchequer de l'or nostre compaigne philipp nadgairs roigne dengleterre , ( qe dieu assoill ) sur les ditz gardeins d'un ( ) fine de noef centz marcs , quele ils fierent ovesque nous pur la gard des ditz temporalties au temps del voidance vbantdit . vous mandoms , qe sibien les ditz priour , johan & thomas , wa●ter , simon & william nadgairs gardeins des ditz temporalties , come le venerable piere en dieu william ia e●cevesqe illoeqes faces outrement discharger , sibien envers nous come envers nostre dit compaigne , de les sessante livres suisditz , et entre quitez a nostre exchequer . donn sous nostre prive seal à westm . le jour de novembre , l'an de nostre reigne dengleterre quarante quarte , & de france trente primer . praetextu cujus brevis , scrutati sunt rotuli super exoneratione praedictarum sexaginta librarum de quibus in brevi fit mentio , & compertum est in originali de anno regis nunc , rot. . quod dominus rex die julii eodem anno . pro nongintis marcis , quas prior ecclesiae christi cantuariensis johannes walleys & thomas de walton , walterus dautry persona ecclesiae de r●therfield , simon . de burgh , & willielmus topclyffe , e●dem domino regi solverent , pardonavit & remisit eis omnimoda compota quibus eidem d. regi tenebantur de exitibus temporalium archiepiscopa●us cant●ariensis nuper vacantis , seu de aliis proficuis ejusdem archiepiscopatus pro ●ota ultima vacatione archiepiscopatus illius : quo praetextu praedicti prior johannes & thomas , walterus , simon & willielmus , qui se sponte regi in praedictis marcis philippae nuper reginae jam desunctae , adhunc viventi in l. tenebantur de auro suo ; videlicet , de quibustibet decem marcis in una vncia auri , videlicet in una marca , licet expressum non fuerit , juxta formam statuti inde habiti et annotati in * rubro libro de scaccario , fol. . sub titulo de auro reginae ; et quae quidem l. ad manus domini ( ) regis occasione mortis ejusdem reginae sunt devolutae . per quod praeceptum fuit vicecom . kant . quod de terris & catallis praedictorum prioris , johannis & thomae , walteri , simonis & willielmi fieri facerent supradictas sexaginta libras : ita quod eas haberet in crastino animarum regi solvendas , sicut continetur in ligula brevium de hoc termino in canc. praetextu cujus brevis consideratum est , quad non fiat ulterius executio versus praefatos priorem , johannem & thomam , walterum , simonem , & vvillielmum pro sexaginta libris supradictis . n●rff . suff. praeceptum fuit vic. norff. & suff. per breve hujus scaccarii dat . die novembr . anno regis nunc , quod de bonis et catallis prioris de penteneye in balliba sua fieret s. d. quos idem prior debet philippae nuper reginae angliae desunct . de auro suo de quodam ( ) fine marc . pro licencia adquirendi manerium de northtodenham , et advocationem medietatis ecclesiae ejusdem hilleshend . ad manum mortuam . ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de termino sancti michaelis hoc anno in norff. & suff. et ad diem illam praedictus vic. non return . breve , set praedictus prior venit & cognovit , quod ipse debet regi s. d. et quia praefat . regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et non ad alium de jure pertinent ; ideo id●m priox oneretur bersus regem de praedictis s. d. praetertu cogn . praedict . cant. hunt. praeceptum fuit vic. cant. & hunt. per breve hu jus scaccarii , dat . die novembr . anno regis nunc , quod de bonis et 〈◊〉 prior. & convent . de dernewell in balliva sua fieri fac . s. quos idem prior & conventus debent philippae nuper reginae angliae defunct . de auro suo , de quodam ( ) fine l. pro pardon . forisfacturae et tra●●gression●s quas fecerunt adquirendo quaedam ten . in subur●io london . sivi et successor . suis habend . ad manum mortuam . ita quod denar . illos haberet h●c in 〈◊〉 sancti hillarii hoc termino ( ) regi solbend . sicut continetur inter brevia execut . pro rege de hoc termino in cant. hunt. et ad praedictum crastinum praedictus vic. retorn . brev . et mandavit quod cepit in manum regis de bon . & catall . praedictorum prior. & convent . ad valenciam debiti praedict . et quia praefat . regina mortua est , prout superius continetur , et denar . praed . ad regem et non ad alium de jure pertinent ; ideo idem vic viz. nicholaus de styn●cle oneretur versus regem de s. praetertu return . sui praedict . northt . praecept . fuit vic. northt . quod de bon . et catall . thomae de branncestre & agn. uxor . ejus in balliva sua fieri faceret s. de reman . s. quos debet philippae nuper reginae angliae defunct . de auro suo de ( ) fine l. pro maritagio feliciae filiae et unius haeredum hugonis de mussy●gden habendo . ita quod denar . illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in northt . et ad praedictum crastinum praedictus vic. retornavit breve . et mand . quod cepit in manum regis de terris et catallis praedictorum thomae & agn. in balliva sua ad valentiam debiti praedicti . et quia praefat . regina mortua est ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure ' pertinent ; ideo idem vic. viz. ricardus de weydevill oneretur versus regem de s. praedict . praetextu retorn . sui praedicti . somerset . dors . ss . praeceptum fuit vic. somerset & dorset per breve hujus scaccarii dat . die novembr . anno regis nunc . quod de bon . et catal . thomae de la bere , adae atte more , johannis thomae , ivonis de childecome , & roberti burton , ( ) pleg . praedict . thomae , et de terr . et ten . quae sua fuerunt anno . regis nunc seu postea in balliba sua , fieri faceret l. s. d. de reman . . marc . quas debet philippae nuper reginae angliae defunct . de auro suo de ( ) fine marc . pro diversis transgr . extorsionibus , manuten . et grabaminibus unde praedictus thomas de la bere indictatus est . et per tercium breve dat . . die novembr . supradicto anno . quod de bonis et catallis abbatis de michelneye in dicta balliva sua ●●eri faceret . marc . quas debet praefatae nuper reginae de auro suo de quodam ( ) fine . marc . pro licencia adquirendi ●vi et successoribus suis maneria de westerneshull & esterneshull cum pertin . habend . ad manum mortuam ; ita quod denar . praedictos haberet hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in dorset . et ad praedictum crastinum praedictus vic. return . brevia praedict . & mandavit , quod cepit in manum regis de terr . et catall . praedicti thomae de la ●ere , et ( ) pleg . suorum praedict ad valenciam s. d. de debit . praedict . marc . praedict . et quia praefata regina mortua est , ( prout superius continetur ) et denar . praedict . ad ( ) regem et non ad alium de jure pertinent , ideo idem vic. viz. willielmus de wynterbourne oneretur versus regem de l. s. d . praedictis per ipsum in manum regis capt . praetextu retornorum suorum praedictorum . nott. derb. praeceptum fuit vic. nott. & derb. per aliud breve hujus scaccarii dat . die octobr. supradicto anno . quod de bonis & catallis johannis de saxton in dicta balliva sua fieri faceret s. d. quas debet praefatae philippae nuper reginae de auro suo de ( ) fine marc . pro maritagio haered . willielmi de stredl●ye mil habend . ita quod denarios illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in not. & derb. et ad praedictum crastinum praedictus vic. retorn . brevia . et mandavit , quod cepit in manum regis de terris et catallis praefat . johannis de saxton ad valenciam s. d. de debito praedict . et quia praefata regina mortua est ( prout superius continetur ) et denar . praedict . ad ( ) regem et non alium de jure pertinent . ideo idem vic viz. rogerus bel●r oneretur versus regem de s. d. praedictis praetextu retornorum suorum praedictorum . lincoln . ss praeceptum fuit vic. lincoln . per breve hujus scaccari dat . die novembr . anno regis nunc , quod de bonis & catallis rogeri abbatis de ne●bo in balliva sua fieri faceret s. d. quos idem roger. debet philippae nuper reginae angliae defuncti , de auro suo de quodam ( ) fine marc . pro licenc . adquirendi quatuor messuagia , und●cem bovatas terrae , decem acras prati & dimid , & duas solidat . redditus cum pertin . in westalyngton , segbr●k , & alibi in dicto com. lincoln . & in com. n●t habend . ad manum mo●tuam . et per aliud breve dat . die & anno praedictis , quod de terris & catallis frederici de tiln●ye in balliva sua fieri fac . s. d. quos debet prae fatae nuper reginae defunct . de auro suo de quodam ( ) fine marc . pro transgressionibus et extorsionibus super praesentatis per placitum thomae de thorpe & alexandri dominicke , ita quod denarios illos haberet hic in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in lincoln . et ad praedictum crastinum praedictus vic. retorn . brevia . et mandavit , quod cepit in manum regis tam de terris & catallis praedicti abbatis quam praedicti frederici in balliva sua ad valenciam debitorum praedictorum . et quia praefata regina mortua est ( prout superius continetur ) et denar . praedict . ad ( ) regem et non ad alium de jure pertinent . ideo idem mic. viz. thomas de fulnetby oneretur versus regem de s. d. praedictis , retorn . suorum praedictorum . essex . hertf. ss . praeceptum fuit vic. essex . & hertf. per breve hujus scaccarii dat . duodecimo die februarii anno regis nunc , quod de bonis & catallis thomae strete clerici , senescalli johannis atte lee mil. defunct . in balliva sua fieri faceret l. quas debet philippae nuper reginae angliae defunct . de auro suo de quodam ( ) fine l . pro divers ; s extorstonibus , dampnis , gravaminibus super ipsum praesentatis , per placitum rogeri de herleston & thomae stanes de ashewell ; ita quod denar . illos haberet in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino ●n essex . hertf. et ad praedictum crastinum praedictus vic. retorn . breve . et mandavit , quod praedictus thomas non habet terr . vel ten . bona nec catalla in balliva sua unde aliqui denar . fieri possunt , set praedictus thomas praesens hic in curia decimo die octobr. hoc termino cognovit se debere regi denar . praedictos , et se velle onerari versus regem de l. praedictis , et quia praefat . regina mortua est , ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure pertinent : ideo idem thomas oneretur versus regem de l. praedictis praetextu cogn . suae praed . praeceptum fuit vic. essex & hertford . per breve hujus scaccarii , dat . novembris anno , &c. quod de bon . & catt . richardi de punchardon in ballva sua fieri faceret l. s. d. quos debet philippae nuper reginae angliae defunct . de auro suo de reman . marc . de quodam ( ) fine marc . pro maritagio edwardi fil . et haeredis johannis de bensted habend . absque disparagatione ; ita quod denar . ill . haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in essex . et ad praedictum crastinum praedictus vic. retorn . breve . et mandavit , quod cepit in manum regis de terr . et catall . praedicti richardi punchardon ad valenciam s. d. de de●ito praedico . et quia praefata regina mortua est , ( prout superius continetur ) et denar . praedict . ad ( ) regem et non ad alium de jure pertinent : ideo idem vic. viz. thomas de bassyngbourne oneretur versus regem de s. d. praedictis , praetextu retorn . sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii , dat . die junii anno . regis nunc , quod de bon . & catallis hominum com. northumbr . exceptis libertat . de tydale , h●xham , bedelyngshire & vill. novi castri super tinam , roberti vmframvyll ch●valer , ●lani de heton chivaler , henr. de haveryngton chivaler , rogeri de wyderington , thomae meschaus , david gray , johannis dychard , henr. del strother , alani del strother , thomae de ilderton , ricardi de horsley , roberti de tughale , gilberti vaux , roberti de louther , johannis de farnylawe , johannis de walyngton , h●nr . de horseye , henr. tailboys , willielmi de h●ppestotes , johannis vendout , thomae de horsleye , edwardi de eshot , roberti de midelton , ricardi portor , willielmi fil . thomae styford , johannis de houbone , vvalteri de swynhowe , thomae de eshelyngton , vvillielmi de tyndale chivaler , johannis comyn chivaler , roberti de fenwicks , thomae de fenwycks , hugonis galon , & thomae galon ( ) pleg praedictorum hominum in balliva sua fieri faceret l. s. d. de reman . . mar . quas debent philippae nuper reginae angliae defunct . de auro suo de quodam ( ) fine marc . pro carta general . habend . ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum dicti domini regis de terris & catallis praedictorum hominum et pleg . suorum ad valenciam s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict ad ( ) regem et non ad alium de jure pertinent : ideo idem vic. viz. ricardus de horsley oneretur bersus regem de s. praedictis praetextu retorn 〈◊〉 . pasch . e. . bristoll . praeceptum fuit vic. bristoll per breve hujus scaccarii , dat . die febr. hoc anno . quod de bonis et catallis johannis ken , thomae panes junioris , nicholai panes & thomae de coventre de bristoll , johannis castleacre , johannis bath de bristoll . & willielmi iageroun ( ) pleg●i praedicti johannis ken , et de terris et ten . quae sua fuerunt anno regis nunc , et postea , in balliva sua fieri faceret s . quos debent philippae nuper reginae angliae defunct . de avro svo de ( ) fine l . pro diversis transgressionibus , conspirationibus , ertorsionibus , dampnis er grabaminibus super ipsum praesentatis ; ita quod denar . illos haberet hic in crastino claus . paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino . et ad praedictum crastinum praedictus vic. videlicet johannes viell return . breve . et mandaverit , quod cepit in manum regis de terris & catallis thomae coventre , johannis castleacre , & jehannis bathe plegii praedicti johaennis kenn , ad valentiam s . praedictorum . et quia praesata regina mortua est , ( prout superius continetur ) et denar . praedict . ad regem et non ad alium de jure pertinent : ideo idem vic. videlicet johannes viell oneretur versus regem de s . praedictis praetextu returni sui praedicti . london . praeceptum fuit vicecom . london . per breve hujus scaccarii dat . die novembris anno regis nunc , sicut plur . quod de bonis & catallis antonii de la vale de ast , & de ( ) terris et ten . quae sua fuerunt an. regis nunc , seu postea , in quorumcunque manibus eadem terr . et ten . tunc extiterunt in balliba sua fieri facerent l. quas praefatus antonius debuit philippae nuper reginae angliae defunctae , de avro svo de ( ) fine l . pro diversis custumis regi debitis de diversis mercandisio per ipsum in angl. adductis , et abinde eductis subtractis et concelatis , unde coram domino rege & consilio suo fuit convictus , sicut continetur in memorand . de anno . regis nunc , inter fines de termino sanctae trinitatis , ( s ) qui quidem denar . ad regem occasione mortis praefatae nuper reginae sunt dev●●●ti ; ita quod denar . illos haberent hic in crastino sancti hillarii hoc termino regi solvend . sicut continetur ligula brevium de termino sancti michaelis hoc anno in london . et ad praedictum crastinum praedict . vic. non return . breve , set praedictus antonius inventus hic in curia . die januarii hoc termino , quesitum est ab eo si quid dicere sciat , quare de praedictis l. regi satisfacere non debeat ? dicit , quod ipse non habet munimenta & memoranda sua ostendenda ad praesens pro exoneratione sua , inde petens diem citra quem informari poterit inde . ideo inhibitum est ei per barones ne recedat a curia quousque satisfecerit regi de praedictis .l . vel ostenderit siquid habeat pro exoneratione sua in hac parte : et nichilominus idem antonius praestitit corporale sacramentum , quod ipse non transibit per spacium unius leucae extra villam quousque satisfecerit regi de eisdem l. vel ostenderit sufficiens warrantum pro exoneratione sua inde . in magno rotulo scaccarii de anno quinquagesimo regis edwardi . in item eborum , in custod . clerici pipae reman . inter alia continetur , ut sequitur . anno e . philippus darcy frater & haeres johannis darcy filii & haeredis johannis darcy , fil . & haer . johannis darcy le piere , reddit compotum de marc . s . d . in quibus cognovit se velle onerari versus regem in exonerationem praedicti johannis darcy le piere de quodam debito de marc . de avro reginae , viz. de quodam ( ) fine mille marcarum , pro maritagio jacobi le botiller comitis d'ormond habendo , sicut continetur in memorand . de anno regis hujus inter record . de termino hillar . in thesauro liberavit per dictum philippum . et quietus est . thomas preston vic. s . d . de quodam debito s . quos debuit philippae nuper reginae angliae de avro svo , de ( ) fine l . pro maritag . feliciae filiae et unius haered . hug. de mussinden habend . sicut continetur de anno regis hujus inter record . de termino paschae . thomas de preston vic. d . de bon . & cat . thom. de brauncestre & agnet . ux . ejus de avro reginae , de ( ) fine l . pro maritag . feliciae filiae et unius haered . hugo de mussynden habendo , sicut continetur in memorand . de anno . inter record . de termino sancti mich. from these records during the reign of king edward the d. ( to which more might be added , had i leisure to peruse all the records in his reign extant in the treasuries of the exchequer at westminster ) i shall observe . . that the queen mother and queen consort in the reign of king edward the d. by their letters patents constituted their own clerks , attorneyes , and receivers in the court of exchequer , to demand , levy , recover , and receive their queen-gold , and other their debts , to their uses . ly . that queen-gold was due unto the queen consort by law and custom out of all oblations and fines to the king in any of the kings courts in the land of ireland , in the same , and in as ample manner as it was in england , yea leviable , recoverable by the self-same writs , processe in the exchequer as the kings own debts were , and to be levyed before the debts due to any other creditors . ly . that king edward the . ( as our other kings ) by his writs and mandates to his treasurers , barons , and other officers , took special care that his queen mother and queen consort might speedily and effectually recover their aurum reginae , from all sorts of oblations and fines in all their courts in england and ireland , out of which it ought to be paid : because the defrauding the queen of this duty and prerogative , was not only a dishonor , but a disinheriting to the king himself . ly . that in doubtfull cases concerning this duty , the barons of the eschequer principally grounded their judgements , resolutions and certificates to the king concerning it , upon the * words of gervasius tilberiensis , recorded in the red and black books of the exehequer , to which they had reourse as to an ancient statute , ordinance for that court ( as they stiled and reputed it ) which they were obliged to observe in such controversies . . that upon the queen mothers or queen consorts deaths , all the debts and arrears of queen-gold , due to either of them , by the law of the realm and kings prerogative accrued , devolved to the king then reigning , and to none else ; who recovered , demanded , levyed , received the same in his court of exchequer , and disposed thereof , as his own proper debts . ly . that queen-gold was then demanded , levyed out of the lands and tenements of the parties from whom it was due , which they had at the time of their making of the oblations and fines to the king , into whose hands soever they came by descent , or assignment : and out of their goods , chattels , and the lands , goods and chattels of their pledges or sureties , if the principal debtors had none out of which it might be levyed . ly . that sheriffs , bailiffs of liberties , and receivers of this duty , were obliged to levy , pay , and account to the queen in the exchequer , for what ever queen-gold they were charged to levy by writs directed to them within their respective bayliwicks , when they there accounted to the king for his debts levyed ; and were enjoyned by the barons not to depart out of the court , till they had accounted and agreed with the queen for the same : that they were attached , imprisoned , fined for their neglects , and contempts in not serving , returning the writs , or not levying , paying in the moneyes charged by them to the queen , or not accounting for the same , in manner as in cases of the king ; and not discharged till the queen was satisfied , or further day given them , by the queens attornies consent and acknowledgement in open court. ly . that queen-gold was then payd , recovered , received , as due by law and custom for all oblations or fines to the king for grants of the lands , bodyes , or mariages of wards ; for licenses of alienations of lands , rents , or appropriation of churches , advowsons in mortmain ; for licenses of alienation of lands in capite from one person to another ; for the temporalties of archbishopricks , bishopricks , monasteries , during their vacancies ; fines for ransoms , or pardons of all sorts of trespasses , offences against the peace , capital or criminal ; fines for reliess , for licenses to marry , for grants or confirmations of charters of franchises , liberties ; for fines for discharge of hoblars , and other souldiers ; and for pecuniary compositions or fines made by corporations for disms , quindisms , subsidies out of goods and chattels in specie , not specially exempted from it by those acts of parliament whereby they were granted to the king. ly . that no queen-gold is due out of publike aydes and subsidies voluntarily granted to the king in parliament when paid in specie , or compounded for by any particular person that ought to pay them , nor for the grant of the wardship , or marriage of wards , where the wards die soon after , and the grantees receive no benefit by reason of the wards sudden deaths . ly . that queen-gold shall not be doubly paid upon a double recognizance or security for one and the same fine given to the king by the same person and his pledges ; though there be some variance in the name . the reign of king richard the d . furnisheth us with these observable records concerning aurum reginae . an. r. . memorand . quod praeceptum fuit vicecomitibus london , & midd. per breve hujus scaccarii dat . . die julii hoc anno quinto , quod de terris & catallis thomae saundford , adae yedding , thoma de la lodelowe de com. surr. & adae de hadham in balliva sua fieri faciat l . s . d . de remanen . l. ( de avro reginae as the marginal note thereof resolves us ) quas iidem thomas , adam & thomas , & adam in curia domini edwardi nuper regis angliae avi regis hujus , coram baronibus de scaccario . die junii anno regni sui quinto , recognovit se & quemlibet eorundem in solidum debere philippae nuper reginae angliae defunct . & quas ei solvisse debuerunt ad terminos dudum praeteritos , prout domino regi constat per inspectionem rotulorum hujus scaccarii , & ei non solverint ; & qui quidem denar . ( ) ad manum domini regis avi , occasione mortis praefatae nuper reginae fuerunt devoluti , et jam ad manum regis hujus per mortem diti regis avi devolvuntur . ita quod denarios illos haberent hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia execut . pro rege hoc termino et ad praedict . crastinum praedicti vicecom . retornaverunt breve , & mandarunt , quod ceperunt in manum domini regis de terris & catallis praedictor . thomae saunford , & adae yeddyng in balliva sua ad valenciam s. de debito praedicto ; et quod praedicti thomas de lodelowe & adam de hadham nichil , &c. et quia praefata regina mortua est , prout superius continetur , et denarii praediti ad regem et non ad alium de jure pertinent ; ideo eidem vic. viz. walterus deget & willielmus kingeston onerentur de s. versus regem de s. praedict . praetextu returni sui praedict . memorand . quod praecept . suit vic. glouc. per breve hujus scaccarii dat . . die novemer . anno quarto regis nunc , sicut pluries , quod de bonis & catallis thomae moigne , & de terris & ren . quae sua fuerunt anno regni dom. e. ●nuper regis angliae avi regis hujus , seu postea , in ( ) quorumcunque manibus eadem terrae & tenementa tunc existerent in balliva sua fieri faceret s. d. ob . de remanentia l. s . d. ob . qua● dictus thomas debet philippae nuper reginae angl. defunctae de avro svo de ( ) fine l. s. d. pro maritagio haeredum adae de bromhull , roberti robelkyn , & willielmi malefant infra aetatem , & in misericordia domini regis avi existentium havend . qui quidem denar . ad manum dicti dom. regis per mortem praefatae nuper reginae fuerunt devoluti , & jam ad ( ) manum regis nunc per mortem dicti regis avi devolvuntur . ita quod denarios illos hic haberet in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia execut . pro rege de hoc tempore . et ad praedict . crastinum praedict . vic. returnavit breve . et mandavit , quod cepit in manum regis de bonis & catallis praedicti thomae moigne ad valenciam s. s. ob . praedictorum . et quia praesata nuper regina mortua est , prout superius continetur , et denarti praed icti ( ) ad regem et non ad alium pertinent ; ideo idem vic. viz. thomas de brudenell oneretur versus regem de s. d. ob . praedictis praetextu retorn . sui praedicti . in the parliament roll of r. . i finde a petition of the commons against the payment of queen-gold for oblations or fines to him for the grants of the lands , bodies and marriages of his wards , and all processe out of the exchequer to levy it in such cases , with the kings royal negative answer to it , thus recorded . r. . item , prient les communes , que come autre foitz il estoit ordenez en parlement , ( which i conceive a clear mistake , since i never yet read or met with any such ordinance ) que nule some que l'appell quenegold , serroit leve de ( ) qel un ad garde ou mariage du grant nostre seigneur le roi ; que pleise a nostre dit seigneur le roi commander sis officers de lescheqier , qe nul brief me nul autre precept ne isse hors de le dit escheqier pur le leber encountre lordenance suisdite . resp . scit usez desbre ebaunt come eut ad esse usez , sibien en temps de dame ph●lipp nadgairs roigne dengleterre , come en temps dautres reignes dengleterre dancientie . a clear evidence of the legality , antiquity of this duty , and untruth of the commons suggestion of a former ordinance against it . r. . de johanne warr. clerico marcas , quas debet annae reginae angliae consorti regis richarai . pro avro svo de ( ) fine . mercarum , pro concessione eidem johanni advocationis ecclesiae de m. in com. r. habenda ad manum mortuam . memorandum , quod quarto die octobris hoc termino , inhibitum est per barones hujus scaccarii andreae cavendishe vic. com. norff. & suff. praesenti in curia eodem die , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de le recept . de hominibus villae de bury de avro ipsius reginae , per breve return , in octobis sancti michaelis anno nono regis nunc : et eriam de s. d. per ipsum vic. similiter recept . de consimili avrd de bonis et catallis johannis taverner per brebe return . ad octab. praedictas ; necnon de s. per ipsum nuper vic. similiter recept . de consimili avrd de bonis et catallis thomae malther , per brebe return . ad octabas praedictas . praedictus vic. à curia praedicta recessit licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfact , in contemptum regis , &c. ideo praeceptum suit coron . com. norff. & suff. quod attach , praedictum andr. vic. per corpus suum , &c. ita , &c. in octabis sancti hillar . ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . memorandum , quod praedicto primo die maii inhibitum fuit per barones praedictos roberto constable v●c . eborum praesenti in curia eodem d●e in propria persona sua , ne recederet ab eadem curia quousque satisfecerit praefatae reginae de s. quos ipse levavit de comite northumbr . de avro ipsius reginae , sicut continetur in quodam brevi return . hic in crastino clausi paschae hoc termino , sub periculo quod , &c. postea idem vic. recessit à curia praedicta licentia super hoc non openta , neque praefatae reginae de denar . praedictis in aliquo satisfacto , in contemptum , &c. ideo praeceptum fuit coron . com. ebor. quod attach . praedict . vic. ita &c. in octab. sancti michaelis , ad audiend . judicium suum in praemissis , et ad satisfaciend . praefatae reginae de denar . praedictis . memorandum , quod praedicto primo die maii inhibitum suit per barones praedicto radulpho bygot vic. norff. & suff. praesenti in curia eodem die in propria persona , ne recederet ab eadem curia , quousque satisfecerit annae reginae angliae de l. per ipsum levat . de priore & conventu de walfingham de avro ipsius reginae ; et de s. per ipsum similiter levat . de priore & conventu de werbrigge de constmili avro per duo brevia hic return . videlicet termino sancti hillarii ultimo praeterito . et de . marc . per ipsum levat . de conventu de bury de consimili avro per breve return . in crastino clausi paschae hoc termino , sub periculo quod , &c. postea idem vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de denar . praedictis in aliquo satisfacto in contemptu regis , &c. ideo praeceptum fuit coron . com. norff. & suff. quod ipsum vic. attach . &c. ita , &c. in octabis sancti michaelis , ad audiendum judicium suum in praemissis , et ad satisfaciend . eidem reginae de denar . praedictis . memorandum , quod praedicto primo die maii inhibitum fuit roberto veer vic. rotel . praesenti in curia eodem die per atturn . suum , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de . marc . per ipsum recept . de bonis & catallis johannis basinges de avro ipsius reginae per breve return . in crastino clausi paschae hoc termino sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de marc . praedictis in aliquo satisfacto in contemptum regis , &c. ideo praeceptum fuit corom . com. rotel . quod attach . praedictum vic. &c. ita , &c. in octabis sancti michaelis , ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae decem marc . praedictas . memorandum , quod praedicto primo die maii inhibitum fuit per barones praedictos arnaldo savage vic. kanc. praesenti in curia eodem die in propria persona , ne recedat ab eadem curia quousque satisfecerit annae reginae angliae de s. quos ipse levavit de bonis & catallis willielmi barry & thomae brokhull de avro ipsius reginae per breve return . in crastino clausi paschae hoc termino , sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta , licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. kanc. quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis , ad audiend , judicium suum in praemissis , et ad satisfaciend . praefatae reginae de s. praedictis . memorandum , quod primo die maii hoc termino , inhibitum fuit per barones praedictos galfrido brokhull vic. com. essex , & hertford praesenti in curia eodem die , ne recederet ab eadem curia quousque satisfecerit anna reginae angliae de s. d. ob . per ipsum levat . de bonis & catallis abbatis & conventus de coggeshale & de s. per ipsum levat . de bonis & catallis abbatis & conventus de coggeshale , & de s. per ipsum levat . de bonis & catallis johannis perterwell de avro ipsius reginae per duo brevia return . hic ad mensem paschae hoc termino sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta . licentia super hoc non optenta , neque praefatae reginae de denar . praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. praedictorum , quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . memorandum , quod primo die maii hoc termino , inhibitum fuit per barones hujus scaccarii richardo mawardon vic. com. hereford . praesenti in curia , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de . l. per ipsum levat . de bonis & catallis elizabeth . uxoris jacobi de botiller de avro ipsius reginae per breve return . hic hoc termino paschae , sub periculo quod , &c. postea praedictus vic. recessit à curia praedicta licentia super hoc non optenta , neque praefatae reginae de denariis praedictis in aliquo satisfacto , in contemptum regis , &c. ideo praeceptum fuit coron . com. praedict . quod attach . praedictum vic. per corpus suum , &c. ita , &c. in octabis sancti michaelis , ad audiend . judicium suum de contemptu praedicto , et ad satisfaciend . praefatae reginae de denariis praedictis . r. . de hugone sprott l. s. d. quas debet annae reginae angliae consorti regis richardi secundi , pro avro svo de ( ) fine marcarum pro ratificatione arrhidiaconatus midensis in hybernia , unde recognitio facta in scaccario regis . memorand . quod vicesimo primo die april . hoc termino inhibitum fuit thomae darfyntyn vic. com. oxon. & berks , praesenti in curia eadem die , ne recederet ab eadem curia quousque satisfecerit annae reginae angliae de l. quas praedictus vic. levavit & recepit de avro ipsius reginae de bonis & catallis prioris & conventus de dustesham per quoddam breve regis per ipsum vic. hoc anno returnat . sub periculo quod , &c. ut supra . memorand . quod vicesimo quarto die april . inhibitum fuit thomae jardyn vic. surry & sussex , praesenti , &c. ne recedat ab eadem curia quousque satisfecerit annae reginae angliae de quatuor marcis , quas ipse vic. levavit & recepit , de avro ipsius reginae , de bonis & catallis comitis arundel , per quoddam breve per ipsum vic. hoc termino retornat . et de s. quas praedict . vic. levavit & recepit de bonis & catallis praedicti comitis per aliud breve regi return . similiter hoc termino de consimili auro ; sub periculo quod , &c. an. r. . memorandum , quod praeceptum fuit vic. devon. per breve hujus scaccarii , dat . die febr. ult . praeterit . sicut plur . quod non omitteret propter aliquam libertatem , &c. quin &c. et de bonis et catallis walteri de asthorp chivaler , & de terris & ten . quae fuerunt sua die martis prox . post festum decollationis sancti johannis baptistae anno regni domini nostri nunc . seu postea in quorumcunque manibus , &c. in balliva sua fieri faceret l. quas debuit annae nuper reginae angliae consorti regis carissimae defund . de auro suo de quodam ( ) fine l. ab eodem willielmo exact . pro ingenti rebellione et contempt . sicut continetur in magno rotulo de anno . regis nunc in devon. & in rotulo de finibus factis apud exon. coram petro de courtnay , jacobo shudderlegh , jo. hill , jo. woodhouse , & w. haukeford justic . domini regis ad pacem in com. devon. conservand . assign . die martis supradict . ita quod denar . illos haberet hic ad scac. in crastino clausi pasc . hoc termino thomae moore clerico , quem ( ) dominus rex nunc , per literas suas patentes constituit et assignavit , ad omnimoda summa denar . praefat . nuper reginae tempore mortis suae debit . solbend . et ad praedictum crastinum claus . paschae vic. non return . brev . sed praefat . w. de asthorp venit hic in propria persona , & queritur se graviter district . esse per vic. devon. pro praedict . l. praefat . th. moore solvend . & hoc minus justè , quia dicit , quod praeceptum fuit eidem willielmo per praefat . justic . ad sessionem suam apud exon. supradict . die martis tent . quod mitteret manum suam super librum & juraret , quod inquireret cum al. jur . de diversis articulis eisdem jur. per praedictos justic . tunc imponend . & idem w. de asthorp adtune dixit , quod ipse habuit cartam domini regis , quod non poneretur in aliquibus assisis jur. attinct . & praefat . justic . praeceperunt praefat . w. de asthorp quod produceret cartam illam , qui dixit , quod tunc * — ad deferend . cartam suam praedictam . et super hoc praeceptum fuit eidem willielmo per praefat . justic . sicut aliàs , quod mitteret manum suam super librum & juraret sub poena l. & sicut pluries sub poena l. et quia praedictus walterus renunciavit mittere manum suam super librum & jurare , prout injunct . fuit ei per praefat . justic . idem willielmus pro ingenti rebellione & contemptu , tunc amerciatus fuit ad mille libras , in quo casu dicta nuper regina nullum avkvm habere debuit . et sic supradict . l. nec aliqua parcella earundem nunquam debit . fuerunt eidem nuper reginae in vita sua , per quod non intendit quod ipse l. praedict . nec aliquam parcellam inde regi respondere debet . et petit judicium , &c. et visis praemissis per barones hic , habitaque deliberatione inde per eosdem , quod praedictus willielmus de asthorp summonitus fuit per praefatos justiciarios ad diem & locum praedict . & supradict . l. pro ingenti rebellione et contemptu praedict . sicut superius in dicto recordo continetur , et non de sponte oblatis ; consideratum est de assensu thesaurarii angliae , quod praedict . w. de asthorp de l. praedictis eroneretur , et quietus eristat , praetextu praemissorum . salbo semper actione regis , st alias inde loqui voluerit . r. . rex , &c. fieri facias de bonis & catallis johannis crumhall s. d. quos debuit philippae nuper reginae angliae de auro suo , de quodam ( ) fine marcarum , quem ipse secit pro duabus falsitatibus de quibus convictus fuit in scaccario edwardi nuper regis angliae ( ) abi nostri charissimi , anno regni dicti avi nostri . qui quidem denarii ad manus dicti avi nostri per mortem dictae nuper reginae fuerunt devoluti ; & jam per mortem dicti avi ad nos devolvuntur . et denarios illos habeas apud , &c. from these records of king richard the . i shall observe ; . that the arrears of queen-gold due to king edward the d by the decease of queen philip , devolved by his death to his successor and grandchild king richard the . by vertue of his prerogative , and to none other . ly . that it was due for fines for the custody of the lands , bodies and marriages of the kings wards , ( of which duty , right , the king would not suffer his queen to be deprived at the petition of the commons in parliament ) for fines for alienations of advowsons , and lands in mortmain , confirmations of lands and archdeaconries in ireland : fines for deceipts or frauds ; but not for fines certain imposed by judgement of the court upon offenders , against the parties will or consent . ly . that all lands and tenements which the parties had at the time when this debt to the queen first accrued , by reason of their fine to the king , were liable to be extended for it , in whose hands soever they came . ly . that sheriffs were to levy and account for it to the king and queen in the same manner as they did for the kings other debts ; and were ordered not to depart the court till they had accounted for , or paid in all the moneyes they had levyed for this duty by the kings writs ; and were attached and fined for their contempts in departing from the court , before they accounted for , or paid what they had levyed for this duty to the queen . the principal records concerning queen-gold during the reign of our next king henry the . i have yet discovered , are these ensuing . simon ocle prior prioratus de barnstaple venit coram baronibus hu jus scaccarii modo in crastino clausi paschae hoc termino , & queritur se grahiter diffrictum esse per vicecomitem devon. pro sexdecim marcis de eo & conventu suo ad opus dominae johannae reginae angliae exactis de avro svo , de quodam ( ) fine centum et ser librarum , tresdecim solidorum , et quatuor denariorum , quem praefata regina asserit se & conventum suum fecisse cum domino rege ( ) pro licencia concedendi eisdem prioiri et conventui , quod ipsi et successores sui sint quieti et exonerati imperpetuum de fine , firma , subsidio , et apporto , et omnibus aliis oneribus , impositionibus , et demandis quae de ipsis tanquam alienig . possint demandari , in augmintationem divini servicii pro dicto domino regi et progenitoribus , haeredibus et successo●ibus suis inibi faciend . et praefatus prior dicit , quod ipse pro auro reginae in hoc casu minus juste distringitur , quia dicit , quod aurum reginae per legem ierrae levari non debet , nisi solummodo de finibus et rebus domino regi sponte oblatis . sed dicit , quod pra dicta summa centum et ser lib●arum , tresdecim solidorum , et quatuor denariorum praedictorum in casu praedicto non est finis sponte oblatus domino regi , in quo casu per legem terrae , dicta domina regina aurum suum erigere non debet , ac . vnde petit judicium , et quod districtio praedicta versus eum cesset , ●c . what the issue of this plea was , i cannot yet discover , but in all probability it was over-ruled against him for the queen , being such a priviledge , liberty and exemption for which others usually payd queen-gold without any such plea or dispute , which would totally elude this duty . inter communia de termino paschae anno h. . post conquest . rot. . ex parte remem . regis , there is this memorable record concerning queen-gold . dominus rex mandavit hic breve suum de magno sigillo suo quod est inter communia de hoc termino rot. . in haec verba . henricus dei gratiâ rex angliae & franciae , & dominus hiberniae , thes . & baronibus de scaccario salutem . cum ad reginas angliae pro tempore existentes , de ( ) quolibet fine decem marcas attingen . temporibus progenitorum nostrorum quondam regum angliae facto , unam marcam . de viginti marcis duas marcas , de centum marcis decem marcas , et de majori majus , et de minori minus , et de quolibet fine decem marcas bel amplius attingen . percipiend . de illo qui buiusmodi finem facit ultra finem illum nobis solut . vel solvend . vocat . aurum reginae , habere pertineat , prout tam per * rubrum librum scaccarii praedicti , quam compota thes . et generalium receptorum reginarum praedictarum in scaccario praedicto residen . plenius apparet de recordo , prout sumus informati ; ac carissima consors nostra regina id quod ad eam pertinet de certis finibus in camera nostra factis , nisi fines illi coram vobis in scaccarium praedict . mittantur de recordo consequi non potest , ut est dictum : nos nolentes eidem consorti nostrae iusticiam differri in hac parte , quandam cedul . de diversis pecuniarum summis de dictis ( ) finibus in camera nostra , ut praedictum est factis , in quodam brevi nostro de privato sigillo in cancellar . nostram per nos missam , cujus quidam cedulae tenor . una cum dicto brevi in dicta cancellaria nostra remanet de recordo vobis mittimus sub pede sigilli nostri ; mandantes quod inspectis libro , compotis & cedula praedictis ulterius ad prosecutionem praefatae consortis nostrae , pro ●albacione juris sui in hac parte fieri fac . prout de jure , et secundum legem et consuetudinem regni nostri angliae fuerit ●aciend . teste meipso apud westm . die aprilis , anno regni nostri . per breve de privato sigillo . et tenor . cedul . de quo fit mentio superius in brevi sequitur in haec verba . memorand . de finibus fact . in camera domini h. regis angliae & franciae quarti . annis regni sui quinto , sexto , septimo , octavo , nono , decimo , & terc●odecimo . de thoma comite marescall . per manum willielmi ilsthawe apud pountfret die junii anno quinto , &c. in partem soluc . majoris summae de quodam ( ) fine fact . pro terris suis habend . marc . item de eodem thoma comite apud wyndesore , . die febr. eodem anno quinto , pro eodem fine , marc . de comite arundell per manum johannis darcy attornati sui apud kenyngton die decembris anno quinto , &c. de quodam ( ) fine fact . pro maritag . suo , in partem soluc . major . summae , ac . die febr. tunc prox . sequen . marc . item de eodem comite per manum praedict . johannis darcy apad kenyngton . die julii eodem anno quinto &c. marc . item de eodem comite per manum ej●sdem johannis darcy apud hospicium episcopi de duresme die julii , anno . &c. marc . item de eodem comite apud turrim london . die marcii , anno . &c. ut supra , marc . item de eodem comite apud westm. die junii anno . &c. ( ) pro terris suis habend . l . de domino johanne cornewayll mil. apud turrim london die novemb. & tercio die septembr . anno quinto , & de quodam ( ) fine facto pro martyll . camerar . franc. eristen . prisonar . marc . de johanne norbury armigero apud turrim london . primo die decembr . anno quinto , de quodam ( ) facto , &c. pro diversis franc. existen . in custod . regis , marc . de rectore de noriell per manum johannis herteshorne attorn . sui apud eltham die decemb. anno . de quodam ( ) fine facto , pro licenc . habend . ad appropriand . divers . terr . et ten . ad cantuariam ecclesiae de notteley , l. de episcopo karliol . apud bristoll die octobr. anno . de ( ) quodam fine facto de eo , quod ipse forisfec . erga regem , ●c . marc . de majore & civibus communitaus norwici apud wyndesore . die febr. anno quinto , &c. per manum johannis aldeford , et johannis clerc de quodam ( ) fine fact . pro quadam cart. habend . eisdem civibus , marc . de comitissa staff. apud turrim london die febr. anno sexto , &c. de ( ) quodam fine facto pro maritagio suo , &c. marc . de willielmo bourchier mil. apud w●stm . die januarii anno . de ( ) quodam fine facto pro maritag . suo habend . de comitissa staff. marc . de quodam homine per manum roberti bapthorpe apud ripon die junii anno , de quodam ( ) fine per ipsum facto , &c. pro gratia sua habend . super sorisfactur . suam erga regem , marc . de willielmo frost custod . civit. eborum apud worcestre die augusti anno . in partem soluc . de ( ) quodam fine facto cum eis super forisfactur . dictae civit. marc . item , de eodem willielmo apud killingworth secundo die novembr . anno septimo , &c. ut supra . marc . item , de eodem willielmo apud turrim london die decembr . anno septmo , &c. marc . item , de eodem willielmo apud westm . die marcii , anno septimo , &c. ut supra . marc . item , de eodem willielmo apud hospicium episcopi dunelm . secundo die junii , anno septimo , ut supra . marc . de domino johanne stanley mil. apud killingworth die novembr . anno . &c. marc . & apud turrim london . die ejusdem mensis , marc . de ( ) quodam fine facto pro insula de man , marc . item , de eodem johanne apud hertford die febru . anno . &c. ut supra , marc . item , de eodem johanne apud westm . die jaauarii , anno septimo , &c. ut supra , marc . de jacobo clifford & ancellino guyse per manum walteri beuchampe attornati apud westm . tercio die decembr . anno . de ( ) quodam fine facto , pro to quod ipse non obserbar . pacem quam in scripto suo obligator . domino regi et iustic . pacis obliger . l. de priore de burn. infra com. lincoln . per manum comit. kanc. apud hospitium episcopi dunelm . die maii , de ( ) quodam fine facto super quadam appropriac . facta cujusdam ecclesiae divers . terr . et ten . ad manum mortuam ponend . &c. l. de burgens . sarum apud hospitium episcop dunelm . primo die junii anno . de quodam ( ) fine facto pro licencia habend . ad * inquirend . in communi cert . terr . et ten . infra dictum com. marc . de richardo whitingdon & aliis mercator . lan . london . apud eltham tercio die febr. anno . de quodam ( ) fine facto cum domino rege pro vendic . l●n , praedict . marc . de thoma faukener de london apud parcum de wyndesore die maii anno nono , de ( ) quadam fozisractura cujusdam fact . de diversis mercandisis johannis bakkesterre in com. norff. forisfact . in port. de jernemuth , l. de thoma bewyk canonico abbatis de gysbourne abbate & conventu de hexham apud westm. secundo die augusti anno . de ( ) quodam fine facto cum domino rege pro concelamento diversorum bonorum episcopi de bangor . qui forisfec . erga dominum regem , marc . de villa de feversham apud london die augusti anno . de ( ) quodam fine facto de franchesiis ejusdem villae , l. de mercator . de lez galeys apud hospicium hugonis watlou . die sept. anno . de ( ) quodam fine facto pro conc . diversor . mercandisor . per ipsos subtract . et non custumat . marc . de isabell . existen . in com. northumbr . per manum roberti walton apud hospitium hugonis walton die novembr . anno . quae ( ) forisfact . erga dominum regem , &c. l. de hugone stafford mil. apud eltham . die april anno . de ( ) quodam fine facto pro fil . domini de bonciers maritand . in partem soluc . majoris summae , marc . de rebellibus in com. lincoln . per manum domini de roos apud hospic . episcopi de ely die julii anno . pro ( ) quodam fine facto pro eorum forisfactura erga dominum regem , l. de comite westmerl . die novembr . anno . de ( ) fine facto pro maritag . com. marescall . marc . de edwardo duce eborum apud westm . secundo die ejusdem mensis eodem anno , de ( ) fine facto pro licenc . habend . ad appropriand . priorat . alieng ad collegium de fodryngey , marc . de priore de kyngeswode in com. glouc. per manum dom. de berkeley apud westm . die decembr . anno . de ( ) quodam fine facto de non essend . collector . tempore futur . de decimis per clerum domino regi concedend . l. memorand . quod tenor cedulae praedict . consuitur dicto brevi & liberatur roberto playce , pro executione inde ad opus reginae faciend . memorand . quod idem breve irrotulatur inter brevia directa baron . de termino paschae , anno regis henrici quarti , rot. . in dors . ibid. trin. rot. . de f. r. allocat . de quadam summa auri , quod w. f. satisfecit , &c. from these records of king henry the th , i shall observe ; . that queen-gold was an ancient duty belonging to our queen consorts by the lawes and custom of england , for the due levying whereof king henry was very zealous , out of his affection to his queen . . that it was due out of every fine amounting to the summe of . marks or more made to the king , at and from the time that the fine was made and recorded , and that the proportion of it was one mark for every ten marks , and ten pound for every hundred pound fine or oblation . ly . that it was charged , ascertained and levyed as a debt upon record by the extracts of the fines in the chancery , or before the justices in eyre , and other courts of the king certified into the court of exchequer . ly . that the red book , records , and accounts in the exchequer , were the best and surest directions to shew for what oblations and fines it was due , and how to be levyed . ly . that it was then due and levyed for fines for licenses of alienation of lands , tenements , and appropriations of churches in mortmain ; for wardships granted , for mariages of wards during their minority , & of the kings widows ; for charters , liberties and exemptions to monasteries , cities and corporations ; for fines for breaches of the peace , concealments of goods forfeited to the king , from merchants for transporting wools , stealing customs , and other misdemeanors ; fines for writs and inquisitions : for exemptions from fee-farms , subsidies , aydes , impositions , levying and collecting disms when granted by the clergy or laity ; for redemption , restitution of lands or goods forfeited to the king ; for pardons of any offences , for ransoms of prisoners taken in the wars , and for a fine for a charter of the isle of man. in the reign of king henry the . i finde this patent of queen jone constituting geoffrey paynell to be her treasurer and receiver general , of all her seigneuries , rents , monies , profits issues , emoluments whatsoever both in england , wales , or elsewhere , wherein queen-gold was included , though not particularly expressed , as in the patents of some other precedent and succeeding queens . iohanne par la grace de dieu royne dengleterre , & de fraunce , & dame dirlaunde , a tous ceux qui cestes nouz lettres verront ou orront , salut . sachez nouz ( ) aboir fait ordene et constitut nostre chier et bon ame escuper geffray paynell nostre tresorer et resceyvour generale be touz noz deniers provenaunts sibien de touz noz seigneuries , terres , tenemens , rentz , feefarms , customes , apportz , pensiouns , annuities , profres issuez & emolumentz qe conques en angleterre , gales , et parailleurs , come de tous autres proffitz a nous en aultre manere queconque duez , assignez , et on apres a estre assignez . renduit a nous due accompt de tout ce qil resceyvera en son dite office chescun an preignaunt & rescevaunt annuelment pur le dit office , tieux fees , gages & regardez , sicome sire johan tabbay nadgairs nostre tresorer et resceyvour general , qui dieu perdount , pur mesme l'office affaire prist & resceut , & qe y son accompt a luy sont allouez . mandaniz & chargeantz a touz nos fermers , bailiffs , officers , ministres , tenantz et subgiz quiconqes , & prions , a tous altres as queux affrert qe a nostre dit iresorer et resceivour general enfaisant le dit office ils soient apparantz , entendantz , respoignantz , aidantz , conseillantz & obeiantz en due manere . avantz forme & estable tout ce qe nostre dit tresourer et resceibour general pour nous in nostre noune , & pour nostre proffi● face ou serra en apres en l'office avantdit . et evoultre sachez nouz pour certaines causes nous moignauntz avoir ordene & constitut le susdit geffray nostre garderober ; a avoire et occupyer mesme l'office , si entirement et en meisme la manere , come nostre treschier & bon ame escuyer nichola alderwyche lavoit a occupia , rendaunt a nos due accompt annuelment de touz les deniers pur luy employez & despenduz en l'office avauntdit , preignant par an , pour meisme l'office tiel regarde come per nous de l'advys de nostre conseil lui serra ordeine . en tesmoignance de quelle chose nous avoms faite faire cestez noz letres patentz adurer a nostre pleiser & volente . don dessoubz nostre grand seal a nostre manoir de langley le jour de septemb. l'an du regne de mon treshonour seigneur & filz le roy henr. le quint puis le conquest tierce . mr. hackewill in his treatise of queen-gold hath made a brief reference to h. . rot. . ex parte rem . regis in scac. to prove that the arrears of queen-gold due to the queen accrue to the present or succeeding king by her decease , but i can yet find no such record in that year upon search of the rolls there of . in the reign of king henry the . i only yet find these writs of the king , and letters patents of his queen consort margaret , constituting john croke and william essex clerks of her writs , and attornyes in the exchequer , to exact and demand her queen-gold and other duties , and to prosecute and defend her suits , actions there , and what else belonged to their offices . henri par la grace de dieu roy , &c. as barons de nostre eschequier saluz . come nostre tresentierement bien ame ( ) la royne nostre compaigne ait ordenne et constitute no ; bien amez johan croke et william essex clercs de ses briefs en nostre eschequier a westm . et ses attournees illoeques pour demander et exiger l'ok appelle l'ok de la royne , et autres choses faire & exercer continnez es lettres de nostre dicte compaigne sur se factes soubz son signet , dont le tenour censuist . marguerete par la grace de dyeu royne dengleterre et de france , & dame dirlande , a tous ceulx qui ycestes noz lettres verront on orront salutz . sachiez nous avoir ordenne & constitute , noz chiers serviteurs johan croke & william essex noz clercs de nor briefs en l'eschequier nostre tresredoubte & souveraign seignior le roy à westm . et noz attornes illeoqes , ●●bien pour demander et exiger nostre ok appelle le ok de la royne come a poursuir et defendre en tous plees et querelx pour nous et encontre nous moebes on desire moeves en meisme l'eschequer , et auxi a faire tout ce que alesdit offices raisonnablement appertient . a avoir et occupier les avant ditz offices jointement & severallement tant come ils eulx porteront en lesdit offices , avec tous les fees , proffits & commoditees a mesmes les offices , et a chescun deulx en aucune maniere appartenent & regardantz , auxi plenement et entierment come aucune autre ou autres en mesmes l'offices jointenant ou severallement devant ces heures ont avez & restuz . en tesmoignance de quelle chose nous abous fait faire ces noz lettres patentz . donne soubz nostre signet a westminstre , le premier jour de juyng , l'an due reigne avandit tresredoubte & souveraign seigneur le roy henri sisme , puis le conquest vingt & tierz . volonz pour tant & vous mandoms que vous admittes les ditz johan & william jointement & severallement attournes pour mesme nostre compaigne en nostre dit eschequier , & clercs de ses briefs illoeques , en eulx souffrant illoeques jointement & severallement de faire exercer & besoigner pour mesme nostre dicte compaigne toutes choses especifies esdictes lettres , selonc l'effect & pourport dicelle . donne soubz nostre prive seel a westminstre le jour de novembr . l'an de nostre regne vint & quatriesme . rex thes . & baronibus suis de scaccario , salutem . mandamus vobis , quod omnia negotia margaretam reginam angliae consortem nostram tharissimam , ratione terrarum , tenementorum , feodorum & libertatum ei per nos in●dotem sen dotalicium , ac aliar . ad termin . vitae suae habend . concessarum ; ac etiam ratione ( ) avri et aliarum rerum suarum in dicto scaccario nostro tangenc . belud propria negotia nostra coram vobis in eodem scaccario nostro audiri , deduci & expediri : necnon ballivos & ministros ejusdem consortis nostrae terrarum , ten . feod . & libertatum praedictarum . sicut ministros nostros proprios in hiis quae ad officia sua pertinent : ac etiam ( ) debitores avri praedicti , et aliorum denariorum eidem reginae debitorum ibidem sicut debitores nostros proprios deduci et pertractari faciatis . teste meipso apud westm. die maii anno regni nostri vicesimo quarto . what other records there are concerning this duty in this kings reign extant in the treasuries of the pipe , kings remembrancer , and pleas of the exchequer , i have not yet had leisure to examine . only i finde in a manuscript collection of queen-gold which belonged to mr. herbert the queen-mothers attorney , recognitio thomae dokes thesaurarii & generalis receptoris katherinae reginae angliae . item de l. s. d. eidem reginae solutis de avro de rogero botiller & aliorum . report . h. an. h. . devon. in offic. cler. placitorum in scaccario . from these records of king henry the , and . i shall only observe , that their queen consorts constituted their clerks , and attorneyes in the court of exchequer by their letters patents , to receive , demand , recover their duty of queen-gold , ratified by the kings writs to their treasurers and barons of that court ; and that they challenged and received this duty during their reigns , else these writs , patents had been nugatory . in the reign of king edward the th . i have not yet found in those records i have perused in the office of pleas , pipe , and kings remembrancer any thing concerning this duty . what others mention in their collections ( which i cannot yet find upon search ) i shall here inform you upon their account . mr. william hakewill in his treatise of queen-gold ; under this head , that the queen ought to have her general officer for the viewing and recovering of this duty , and touching the nature of that office , informs us ; that in the rolls of the th year of king edward the th . are found inrolled ( in the office of the kings remembrancer ) the letters patents of elizabeth queen to king edward the th , whereby the same queen did constitute nicholas lathell ( then clerk of the pipe of the same court ) her receiver of the rents of her fee-farms , as also of her revenue called aurum reginae , with authority to sue for , recover , and release the same in such special manner as in the said letters patents ( which here follow ) is at large specified . an. e . elizabetha dei gratia angliae & franciae regina , domina hiberniae salutem . sciatis , quod nos de fidelitate & circumspectione dilecti nobis nicholai lathel plenius confidentes , ( ) ordinavimus et constituimus ipsum nicholaum receptorem nostrum , tam omnium & singulorum denariorum nostrorum pro omnibus feodis firmis infra regnum angliae nobis praetextu literarum patentium metuendissimi domini mei regis paten , concessis , quovismodo pertinentium , & ad praesens nobis debitorum imposterumque ea occasione debendorum , quam omnium aliarum denariorum summarum quarumcunque aurum reginae bulgariter nuncupat . ad scaccarium dicti domini mei per praefatum nicholaum receptarum , et per eum ad terminos ibidem usuales annuatim recipiendarum . dante 's , et per praesentes concedentes eidem nicholao authoritatem et potestatem sufficientent , ad quascunque personas quarum interest , pro illis denariorum summis , & qualibet inde parcella , juxta juris exigentiam recuperandis , in quibuscunque curiis dicti domini mei implacitandas & prosequendas , & ad quoscunque nostros in hac parte debitores vigore literarum acquietanciae inter eundem nicholaum & hujusmodi debitores nostros indentarum debita conficiendi de omnibus illis denariorum summis sic per praefatum nicholaum nomine nostro recipiendis & exonerandis ; ac percipiend . annuatim pro praemissis ritè exercendis feoda , vadia & regarda in aliis literis nostris specificata . quocirca mandamus omnibus & singulis , quorum interest , quod eidem nicholao in executione praemissorum auxiliantes , consulentesque & obedientes sint , prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes ad nostrum beneplacitum duraturas . dat. sub magno sigillo nostro secundo die novembris , anno regni dicti domini mei octavo . per literam sub signetto . but i cannot as yet finde this patent recorded in the rolls of that or the following year upon search after it . in another section of his treatise he likewse cites this record concerning queen-gold . anno e. . rex vic. norff. & suff. salutem . praecipimus tibi , quod de bonis & catallis gilberti debenham armigeri fieri facias viginti & tres marcas , parcellam viginti & sex marcam , quas idem gilbertus debet elizabethae reginae angliae consorti nostrae charissimae de avro svo de quodam ( ) fine ducentarum & sexaginta marcarum nobis soluto pro , &c. r. e. . tr. pl. but as yet i cannot finde this writ on record . in a manuscript collection of sundry writs , patents , commissions , and other proceedings in the exchequer court , amongst those relating to the queens of england , their officers , and queen-gold , communicated to me by mr. arden of the office of pleas ; ( collected heretofore by w. b. a clerk of that office ) i found these notes of his concerning queen-gold during the reign of king edward the th ; which though i have diligently searched after in the office of the pipe , and kings remembrancer , i had not yet the happinesse to finde in any of the years of edward the th he refers to . quidam rotulus intitulatus brevia de auro reginae de termino paschae anno . regis edwardi . continens rotulos et plenos brevium pro avro reginae ; of which more hereafter , p. , &c. notae concernentes aurum reginae . de johanne domino dudley & edwardo ejus filio s. d. de ( ) fine marc. solut . in hanaperio pro literis regis habendis de confirmac . cum concessione , et rem . in quibusdam literis paten . georgii nuper ducis clarenc . eis fact . e. . de roberto wingfield s. pro avro reginae de ( ) fine l nobiscum fac . pro licencia concordand . cum edwardo episcopo carliolen . in plactto conben . memorandum , quod robertus caldecott ( hic caldecott fuit deputatus receptoris auri , prout apparet per literas patent . elizab. reginae fact . nicholao lathel anno , . ) petit de eliz. regina summas sequentes , viz. imprimis , pro feodo suo ad s. per an. pro execuc . fac . l. s. d. pro auro reginae pro annis , , e . item petit pro uno clameo pro auro reginae faciend . item petit pro tribus clameis intrand . item pro placito edw. rede mil. intrand . item pro rogero thomas pro clameo in pipa alloc . item pro nicholao lathel clerico pipae pro clameo reginae alloc . tunc sequuntur diversae summae per ipsum recept . pro auro reginae .       petit pro copia brevium pro auro praedicto faciend et pro diversis clameis pro regina fact . et pro feodo suo s. per annum usque e . et huic scedul . annex . est alia , qu●si remembr . de brevibus de fieri fac . exam . pro regina , & return . vic. & de solutione denar . levat . & cui , &c. pro contemptu fact . eo quod ipse non suscepit ordinem militarem in triu. e . . oxon. fieri facius de bonis & catallis , &c. richardi fouler & thomae wood s. de ( ) fine l . solut . in hanaperio nostro pro tribus brevibus de concess . habendis per orig. de anno . rot. . de richardo illingworth mil. s . d . de ( ) fine marc . nobis solut . in hanaperio nostro pro tribus brevibus de conc . habendis , pro orig. de anno . rot. . fieri fac . de bonis & catallis johannis staton nuper unius jur. de quadam inquis . inter robertum martyn querentem , & henr. gray defend . de placito transgressionis , necnon w. p. & t. s. plegior . praedict . i s. pro avro de ( ) fine l. nobiscum fac . tam de bonis et catallis suis nobis forisfac . quam pro extirpatione terr . et ten . suorum , necnon pro imprisonament . corporis ejus , occasitone falsi iuramenti ejus per ipsum et socios suos in placito praedicto fac . unde per quandam jur. mil. inde inter ipsos capt . convict . est , & ie posuit in gratiam nostram , & de bonis & catallis suis jur. de principal . jur. & in mi● . per rot. de finibus & amerciamentis , necnon catal. felonium forisfact . coram rege de trin. regis e. . not. derb. de johanne markham milit. capital . justic . nostro ad placita coram nobis tenend . assign . & aliis s . d . pro avrd de ( ) fine marc . pro licenc . concedend . ad manum mortuam , trin. e . memorand . quod in fine rotuli . horum rotulorum de auro reginae continetur , memorand . quod in ( ) fine jo. sentlowe milit. pro manerio de edynworth et aliis terris quae fuerunt johan . botiler in com. somers . l. non in originali tamen in cancellaria . item nota , quod in quarta causa primi rotuli notabitur hoc modo ; memorandum quod abbas & conventus monasterii beatae mariae de heselborow in com. salop s. de ( ) fine l. de rich. truman & johannae uxore ejus . marc . de fine marc . & de rogero towers mil. &c. s. de ( ) fine l. & in margine ; memorand . quod istae particulae annotantur extra hunc librum tamen in rotulo de avro reginae . et in dorso ejusdem rotuli de solutione denar . receptor . prout in compoto in thesauro rem . inter brevia returnabil . in crastino sancti johannis , anno primo regis e. . pro eliz. regina angliae london . liberantur collard , bed. bucks . liberatur barlow . inter brevia return . de termino pasch . anno . pro avro reginae fieri facias de bonis jo. haward mil. d . de guidone fairfax mil. & alis s. de ( ) fine l. nobis solut . in hanaperio nostro pro licenc . concedend tenementa ad balenc . l. in fundatione cantariae per brev . dat . nov. e . brev . indors . quod breve levavit & denar . solvuntur richardo doland recep . super inquietanc . brevia de avro reginae richardi doland rec. & roberti willingham atturn . in quadam rec. executionis super filas brevium , de gilberto debenham l. s. d. rem . l. s. d. quos debet de ( ) fine marc . nobis solut . pro manerio de tatinston cum pertinentiis quind . hill. wingfield , norff. l . s . d . return , quod cepit bonis ad valenc . de roberto hans & burgens . villae de stamford , s. d. de ( ) fine marc . solut . in hanaperio nostro pro concessione & confirmacione divers . maner . libertat . &c. praefat . roberto ac burgens . villae praedictae sibi & successor . suis imperpetuum . de raphaele de bynaldis mercatore de janna , oriundus , de ( ) fine l . s . in hanaperio solut . pro literis suis paten . de fac . ipsum indigenam : & consimile pro johanne sawo in eodem quod , dat . julii , e. . de thoma ampe & aliis l . s . d . de ( ) fine l . s. pro licenc . alienand . in manum mortuam , &c. indor satur , quod cepit bon . & catall . & fieri fac . pro residua . brevia sequen . — jacobi bartlet pro indigen . faciend . de henr. sturman de custod . sociorum & scholar . aulae sanctae trinitatis in universitate cantebrig . s. d . de ( ) fine marc . pro alienac , in manum mort . de johanna filia ducis buck. & al. de ( ) fine marc . pro pardonac . habend . de omnibus bonac . et perquisit . de dominio et castro de brekenham , &c. de bonis ; catallis , terris & tenementis w. alington mil. . & t. clerk in praedicti w. s. d . de ( ) fine l . s . d . nobis ad recept . scaccarii nostri solvend . pro custod . terr . quae fuerunt johannis ashland defuncti , & quae post mortem praedicti jo. ac ratione minoris aetat . suae & haered . ejusdem jo. ad manus nostras deven . necnon pro custod . et maritag . ejusdem , e. . wydolfe . if any officers of the queen , or court of exchequer upon further search can find out these writs or other records in any of the treasuries of the exchequer during this kings reign , i shall gladly peruse them ; till then you must take them only upon the collectors credit , ( sometimes mistaken in his quotations ) not mine , without any observations on , from them . in the same collection of w. b. i found the transcripts of these three brevia pro regina , for sale of goods seised for , and levying of queen-gold due to elizabeth queen consort to king edward the th , though i cannot yet find them in the rolls , though probably extant in the bundles of writs , which i have not perused . rex , &c. praecipimus tibi , quod illa bona & catalla venerabilis in christo patris jacobi episcopi norwic , ad valenc . s . quos debet charissimae consorti nostrae elizab. reginae angliae , de quodam fine l. nobis solut . in hanaperio nostro , pro ( ) confirmatione quarundam cartarum et literarum patentium diversorum progenitorum nostrorum quondam regum angliae , de diversis concessionibus & confirmationibus quondam episcopis loci praedicti praedecessoribus praedicti nunc episcopi & successoribus suis nuper confect . habend quae nuper de mandato nostro virtute brevis nostri tibi inde direct . cepisti penes te reman . invendit . pro defectu emptorum , prout returnasti ad scaccarium nostrum apud westm . in octabis sancti hillarii ultim . praeterit . de die in diem venditioni exponas , ac ea cariori praecio quo poteris sine dilatione vendas ; ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino , &c. rex vic. norff. & suff. praecipimus tibi , quod be bonis , catallis , terris & tenementis quae fuerunt rogeri roe mil. in balliva tua marcas , quas debet charissimae consorti nostrae elizabeth . reginae ang●iae de avro svd de ( ) quodam fine marc . nobis praemanibus solut , pro eo quod concessinus praefato rogero roe manerium de erpingham & jerbrigg in com. suff. & manerium de wharton at stone , aliàs dictum manerium de bardolf cum pertinentiis in com. hertf. & quae fuerunt willielmi nuper vic. — habend . praefato rogero , haered . & assign . suis de nobis & haeredibus nostris per servitia inde debita & de jure consueta imperpetuum ; ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino clauff pasch . praefat . consorti nostrae , seu ( ) esus in hac parte receptori ibidem solvend . teste tho nottingham mil. die febr : anno regni nostri . per ordinem de anno regis nunc ; super filac . brevium execut . pro auro reginae , in offic. rem . regis . rex vic. ebor. &c. praecipimus tibi , quod de bonis & catallis roberti both decani ecclesiae cathedralis sancti . petri eborum , tho. brian milit. capitalis justic . de banco , guidonis fairfax militis , gervasii clifton ar. thomae portington clerici , thesaur . ecclesiae praedict , richardi pygot servien . regis ad legem , roberti forster gen. & roberti marler s . d. de ( ) fine marc . nobis solut . in hanaperio nostro , pro licenc . concedend . diversa terras et tenementa decano et capitulo beati petri eborum imperpetuum ad manum mortuam , secundum formam & effectum cartae l. both archiepiscopi eborum ; et denarios illos , &c. teste , &c. e . berdolf . indors . quod vic. fieri fecit , &c. & denar . solvuntur richardo doland ( ) suo receptori , prout patet &c. de eisdem s . pro l. solut pro terris ad manum mortuam concedend . in a collection of writs for the levying of queen-gold in the reign of king edward the th , which belonged to mr. herbert deceased , late atrotny to mary now queen mother , i find these several writs issued in the th year of his reign to several sheriffs , extant in the office of pleas in the exchequer . rex vicecomiti , salutem . de bonis , catallis , terris & tenementis quae fuerunt johannis lovell militis die septembris ultimo praeterito in balliva tua fieri fac . s . quos debet charissimae consorti nostrae elizabethae reginae angliae de avro svo , de ( ) quodam fine marc . nobisrum sacto pro duobus brevibus de conc. dicto die septembris habend . ita quod denarios illos habeas in octabis sanctae trinitatis praefatae consorti nostrae sive ejus in hac parte receptori tunc ibidem solvend . t. &c. per origin . de anno quarto nunc , rot. . de bonis & catallis , terris & tenementis willielmi hastings milit. in balliva tua fieri fac . s . quos debet charissime consorti nostrae elizabeth . reginae angliae de avro svo , de ( ) quodam fine marc . nobiscum fact . pro duobus brevibus de conc. habend . die septemb. anno regni nostri quarto ; ita , &c. in octabis sanctae trinitatis praefatae consorti , &c. ut supra . teste , &c. per warr praedict . rotul . praedict . memorand . quod abbas & convent . monasterii beatae mariae de horlsowen in com. salop s. de & auro suo de ( ) fine l. de richardo turna●nt & johanna uxore ejus fil . johannis stock in marc . de fine marc . &c. de rogero tocock milite , & elizabethae uxore ejus , nuper uxore willielmi beauchamp milit. nuper domino de s . de ( ) fine l. &c. memorand . quod istae particulae omittuntur extra hoc libr. tamen in rotulo de avro reginae . rex vicecomiti northumber . salutem . praecipimus tibi , quod non omittas , & . quin , &c. et de bonis & catallis , terris & tenementis fratrum & sororum gildarum beatae mariae sancti georgii & sancti jacobi in ecclesia sancti johannis infra villam de peterburga in balliva tua fieri fac . marc . quas debet charissimae consorti nostrae elizabeth . reginae angliae de avro svo de ( ) quodam fine marc . nobiscum fact . pro licenc . perquirend . terr . reddit . ten et possessiones pro sustentat . eorundem gild. ad valorem l. per annum ad manum mo●tuam babend . ita quod denarios illos habeas ad scaccar . nostrum apud westm . in crastino sancti martini praefatae consorti nostrae sive ( ) eius receptori in hac parte tunc ibidem solvend . teste , &c. per orig. de anno quarto regis nunc rot. . de bonis & catallis , terris & tenementis cordnariorum & cornesariorum oxon. in balliva tua fieri fac . s . d . quas debent , &c. avro svo de ( ) quodam fine mar . nobiscum fact . pro confirmatione quarundam cartarum et literarum paten . diversorum progenitorum nostrorum quondam regum angliae praedecessoribus ipsorum cordnariorum et cornesariorum ; ita quod denar . &c. ad diem praedictam praefactae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedict . rot. praedicto . de bonis & catallis , terris & tenementis majoris & communitatis villae nostrae novi castri super tynam in balliva tua fieri fac . s . quos debent , &c. de auro suo de ( ) quodam fine l. nobiscum fact . pro literis nostris patentibus de concess . manerii de bicarin bicar in com. northumb. cum pertinentiis suis eisdem majori & communitati . habend sibi & successoribus suis imperpetuum . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum rot. praedict . de bonis & catallis , &c. constabularii communitatis stapulae nostrae villae caless . in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum fact . pro confirmac . tam cujusdam cartae ac quarundam literarum paten . diversorum progenitorum nostrorum quondam regum angliae , quam hen. , hen. , & hen. . nuper defunct . necnon de nostr . regum angliae nuper majori , constabular . & communitati stapul . praedictae habend . ita , &c. ad diem praedictum praefatae consort . nostrae , &c. ad tunc ibidem solvend . t. &c. per warr. praedict . rotulo praedicto . de bonis & catallis , terris & tenementis margaretae thurland . de villa s. botho viduae in balliva tua fieri fac . s. quos debet , &c. de avro svo de ( ) quodam fine l. nobiscum facto , pro licentia habend . quod ipsa margareta quand . annual . reddit . s. exeun . de quadam grangea vocat . hemitorie , alias dict . hemtree infra dominia de weldemore in com. praedicto aldermannis , fratribus & sororibus cujuidam gild. in honore corporis christi in ecclesia parochiali dictae villae sancti . bothi funda● . & eorum successoribus dare possit concedere & assignare ; ita , &c. quod ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum , rotulo . de bonis & catallis , terris &c. thomae kyrkely clerici , thomae wymbysh & johannis gylaston in balliva tua fieri fac . l. quas debet , &c. de avro svo de ( ) quodam fine l. nobiscum fact . pro licencia habend . quod ipsi terr . ten . & reddit . ad valenc . l. s. d. per annum , dare possent & concedere priori & conventui de norton parke in com. praedict . habend . eisdem priori & conventui , & successor , suis imperpetuum . ita , &c. ad diem praedictum praefatae consorti nostrae tunc ibidem solvend . t. &c. per warr. praedictum rotulo praedicto . rex vicecom . salutem . de bonis & catallis , terris & tenementis decani & capituli ecclesiae cathedral . sancti andraeae wellen. in balliva tua fieri fac . l. quas debent , &c. de avro svo de ( ) quodam fine l. nobiscum fact . pro licentia habend . quod ipsi quadraginta libratae terrarum , ten . sive reddit . per annum , cum pertinen . quae de nobis not . tenentur in capite à venerabili patre thoma bathon . & wellen. episcopo , seu aliis personis , aut alia persona qui hujusmodi terras & tenementa aut reddit . sibi dare voluerint adquirere possint . ita , &c. in crastino sancti michaelis praefatae consorti , &c. ut infra tunc ibidem solvend . teste , &c. per warr. praedict . rotulo . de bonis & catallis , terris & tenementis thomae wymbish & roberti whaplode capellanis in balliva vestra fieri fac . s. quos debent , &c. de avro svo de ( ) quodam fine l. nobiscum fact . pro licenc . habenda , quod ipsi terras , ten . reddit . reversiones , servitia , annuitates , & alias possessiones quaecunque ad valorem marc . per an . adquirere possint , & ea cuidam cantariae de uno capellano singulis d●ebus ad altare beatae mariae virginis in ecclesia parochial . sancti petri ad placit , in civitate praedicta per praefatos thomam & robertum imperpetuum , ibidem celebrand . erect . creat . & stabilit . terr . legare & concedere possint ; ita , &c. ad diem praedictum , &c. per warr. praedictum rotulo praedicto . de bonis & catallis , &c. prioris & monachorum ecclesiae s. cuthberti dunelm . in balliva tua fieri fac . s. quos debent , &c. de avro svo de ( ) quodam fine l. nobiscum fact . pro confirmatione quarundam cartarum et literarum patentium diversorum progenit . nostr . quondam regum angliae habend . et de bonis & catallis , terris & tenementis abbatis & conventus de whitbye in dicta balliva tua fieri fac . s. d. quos debent praefatae consorti nostri de avro svo de ( ) quodam fine mar . nobiscum facto pro consimili , ita , &c. diem praedictum , &c. rotulo . de bonis & catallis , terris & tenementis quae fuerunt thomae nuper episcopum bathon . & wellen. ac decani & canonicorum dictae ecclesiae wellen. & prioris & monachorum dictae ecclesiae bathoniae in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine decem librarum nobiscum fact . pro confirmatione quarundam cartarum diversorum progenitorum nostrorum quondam regum angliae habend . ita , & . ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. katharinae abbatissae & monial . de berking . in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine l. nobiscum facto pro consim . ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. venerabilis patris willielmi episcopi elyen . ac prioris & conventus loci praedicti in balliva tua fieri fac . s. d. quos debent praefatae consorti nostro de avro svo de ( ) quodam fine marc . nobis facto pro consim . ita , &c. ad diem praedictum rotulo praedicto . de bonis , &c. abbatis & conventus sancti salvatoris de faversham in balliva tua fieri fac . s. d. quos debent , &c. de avro svo de ( ) quodam fine marc . nobiscum facto pro consimili ; ita. &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. abbatis ecclesiae sanctae crucis de waltham & ejusdem loci convent , in balliva tua fieri fac . s. d. quos debent , &c. de avro svo de ( ) quodam fine marc . nobiscum facto pro consimili ; ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. venerabilis patris j episcopi wygorn . in balliva tua fieri fac . s. d. quos debet , &c. de avro svo , de quodam ( ) fine marc . nobiscum facto pro consimili ; ita , &c. ad diem praedictum per warr. praedictum rotulo praedicto . de bonis , &c. richardi nevile comitis warr. & sarum , & annae comitissae warr. consortis suae , filiae richardi de bello campo nuper comitis warr. sororis & haeredis henr. nuper ducis warr. filii & haeredis ejusdem nuper comitis in balliva tua fieri fac . l. solvend . quos debent , &c. de avro suo , de ( ) quodam fine nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in curia nostra levatum , decano & capitulo ecclesiae beatae mariae warr. terras , ten , redditus , & servitia , cum pertinentiis , ad an . valor . l. ita , &c. ad diem praedictum . praecipimus etiam tibi , quod non omittas , &c. quin eam , &c. et de bonis , &c. praedictorum comitis & comitissa in balliva tua fieri fac . s. quos debent praefatae consorti nostrae de auro suo de ( ) quodam fine l. nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in curia nostra de banco lebatum , abbati & conventui de tewkesbury terras , ten . reddit . & servitia , ad an . valorem mar . et de bonis & catallis , &c. earundem comitis & comitissae in dicta balliva tua fieri fac . s. d. quos debent praefatae consorti nostro de dicta auro svo de ( ) quodam fine l. s. nobiscum facto pro licentia habend . quod ipst dare possint et concedere per finem in dicta curia nostra levand . magist . et capellan . cantariae beatae mariae de gernely in com. wygorn . terras , ten . ten . reddit . & servitia cum pertinentiis ad an . valorem marc . ita , &c. ad diem praedictum per warr. praedictum . * de bonis & catallis , terris & tenementis nunc magistri & custod . fraternitatis scissorum , & de fraternitate sancti johannis baptistae in civitate london . in balliva vestra fieri faciatis s. quas debent de auro svo de quodam fine l. nobis solut . in hanaperio nostro , pro confirmatione diversarum literarum patentium dibersorum regum de diversis concessionibus nuper magistris & custodibus fraternitat . praedictae praedecessoribus praedictorum , nunc magistri et custod . et successor . suor . fact . nuper confectarum habenda ; ita , &c. in quindena sancti johannis baptistae . t. &c. per orig. de anno quarto regis nunc rotulo . . rex vicecom . salutem ; de bonis et catallis , terris & ten . thomae frowick de london . gent. richardi turmorunt de cadem gent. willielmi cumberford de communi banco nostro gent. thomae staunton de london mercer , willielmi mancer de eadem , gent. thomae swan : gen. in balliva nostra fieri faciatis l. marc . quas debent charissimae consorti nostrae elizabethae reginae de auro suo , de ( ) fine mille marcarum nobis praemanibus solut . pro custodia omnium dominiorum , maneriorum , terrarum , tenementorum , reddituum , serviciorum , reversionum , possessionum , ac aliorum haereditamentorum cum pertinentiis quae fuerunt thomae carleton nuper com. midd. militis defuncti ; ac etiam pro custodia et maritagio richardi filii et haeredis praedict thomas carleton absque disparagacione ; ita , &c. in octabis sancti hillar . praefatae consorti nostrae , seu ejus in hac parte ( ) receptori tunc ibidem solvend . t. &c. per orig. de anno quarto regis nunc rotulo . nota thesaur . reginae pro custodia recordorum suorum ; ante quem diem denarii praedicti solvuntur praefato receptori , prout patet per literas acquietan . indentat . ipsius receptoris thesauro reman . de bonis & catallis , terris & tenementis willielmus jenny & hugonis fenne in balliva tua fieri fac . marc . quas debent , &c. de auro suo de marc . nobis praemanibus solut . pro ( ) custodia omnium maneriorum , terrarum et ten . reddit . serviciorum , ac reversionum quae fuer . roberti willingby militis defuncti , quae de nobis tenuit in capite die quo obiit , una cum maritagio roberti filii et haeredis pradicti roberti patris , absque disparagatione , ita , &c. ad diem praedictum , &c. per war. praedictum , rotulo . de bonis et catallis , terris et tenementis thomae mountgomery et mich. parker , necnon johannis tymperley de handlesham in dicto com. suff. armigeri , et richardi southwell de waderising in dicto com. norff. armiger . ( ) manucapt . praedictorum thomae & michaelis in balliva tua fieri fac . s. quas debent , &c. de auro suo de ( ) quodam fine l. nobis praemanibus solut . ( ) pro custod . omnium terrarum et ten . reddit . et servic . cum pertinentiis quae fuerunt roberti pickquori● nuper de sherepham in dicto com. norff. armigeri defuncti ; ac etiam pro custodia et maritagio h. puckingham filii et haeredis ipsius roberti absque disparagatione ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum rot. . ad quem diem vic. non retur . breve . ideo , &c. ita , &c. in octabis sanctae trinitatis . de bonis & catallis , terris et tenementis johannis comitis salop in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de quodam ( ) fine l. quinque marcarum nobis solut . in hanaperio nostro pro brebe de assiss . navae disseisinae habend . ita , &c. ad diem praedicum . t. &c. per war. praedictum , rotul . . de bonis , catallis et tenementis willielmi belknap armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine l. s. d. nobis solut . in hanaperio nostro , pro quatuor brevibus conc. habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo praedicto . ad quam diem vic. non ret . breve . ideo , &c. in octabis sancti hillarii anno regis nunc . de bonis et catallis , terris et tenementis radulphi boiler militis in balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum fact . pro licentia conc . cum willielmo belknap fratre & aliis de placito conc. de maneriis de bedale , ascough , kylwardby , stillingfleet , moreby et aliis diversis maneriis in com. eborum , northumb. warr. & oxon. ita , &c. in paschae , &c. teste , &c. per rotulum de finibus de banco de termino s. trinitatis , anno quinto regis nunc , &c. de bonis et catallis , terris et tenementis willielmi hode clerici in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobiscum facto pro licentia conc . cum roberto clyfton & elizabeth . uxore ejus de placito convenc . de maneriis de topcroft , denton , hos , et lytilzall cum pertinentiis , et de advocationibus ecclesiae de denton & capellae sancti egidii in topcroft , &c. ita , &c. ad diem praedictum . teste , &c. per warr. praedictum . de bonis et catallis , terris et tenementis aliciae wyks , ottonis gilbert , & johannis moore in balliva tua fieri fac . l. quos debent , &c. de auro suo de ( ) quodam fine l. nobis praemanibus solut . pro custodia omnium terrarum et ten . reddituum , servitiorum & reversionum cum suis pertinentiis , quae fuerunt johannis bayton & johannae nuper uxoris suae , de haereditate ipsius johannae jam defunctae , quae de nobis tenuerunt diebus quibus obierunt , per servit . militar . & quae per mortem eorundem johannis & uxoris suae ad manus nostras devenerunt , habend . a tempore mortis eorundem johannis & johannae usque ad plenam aetatem haeredis , una cum maritagio ejusdem haeredis ; ita , &c. ad diem praedictum . t. &c. per rotulum memorand . de anno quinto regis nunc , hillar . record . rotulo . de bonis et catallis , terris et tenementis richardi west nuper de parva bedwate in dicto com. sussex militis , necnon johannis goring de llanifaige in eodem com. gen. hugonis hondford nuper de london gen. et thomae berwick de ossington in dicto com. yeoman . ( ) plegiorum praedicti richardi in balliva tua fieri fac . tam s. d. quos debent , &c. de auro suo de ( ) quodam fine marc . nobiscum facto , pro quadam transgress . rogeri keyes vi & armis facta , unde convict . est , ut patet termino pasch . anno regni nostri secundo , quam s. quos debent , &c. de auro suo de quodam fine l. nobiscum similiter fact . pro consimili : ac s. d. quos debent , &c. de auro suo de quodam fine . marc . nobiscum similiter facto , pro quadam transgr . thomae hilling vi & armis , &c. unde convictus est , ut patet termino sancti hillar . anno regni nostri primo . et s. d. quos debent , &c. de auro suo de quodam fine marc . nobiscum facto ; ita , &c. ad diem praedictum . t. &c. per rotulum de finibus de banco ( regis ) de termino sancti hillar . anno quarto regis nunc . de bonis et catallis , terris et tenementis johannis mervyn armigeri in balliva tuafieri fac . s. quos debet , &c. de auro suo de quodam ( ) l. nobiscum facto . pro licenc . conc . cum margareta hungerford vidua , quae fuit uxor roberti hungerford militis , thoma hungerford milite , & annae uxore ejus , & thoma burgh milite , & margareta uxore ejus de placito convencionis de maneriis de abre , northshadury , poblow , concwood , penseford , & newton-sentlo cum pertinentiis , et de aliis terris , pratis , pastur . bosc . mariscis , & reddit : cum pertinentiis ibidem , & alibi . ita , &c. in crastino clausi pascha t. &c. per rotulum de finibus de banco de termino sancti michaelis anno quarto regis nunc , ad quem diem vic. non ret . brev . ideo , &c. vic. com. wiltes in octabis sancti michaelis . de bonis et catallis , terris et tenementis johannis marvyn in balliva tua fieri fac . s. d. quos debet , &c. de auro suo de quodam ( ) fine marc . nobiscum facto . pro licenc . con● . cum thoma burle milite , & margareta uxore ejus nuper uxore willielmi botreaux de botreaux militis , de placito convenc . de maneriis de flexlend , penyton , et bedyngham cum pertinentiis in com. southt . et de aliis terris in com. wiltes , bristoll , somers , dors . berks , et devon. ita , &c. ad diem praedictum . t. &c. per warr. praedictum . ad quem diem vic. non ret . brev . ideo , &c. ita , &c. in oct. s. trinitatis , ad quem diem vic. non ret . breve . ideo praeceptum fuit vic. com. wiltes . de bonis et catallis , terris et tenementis johannis poulet armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobiscum fact . pro contempt . per ipsum fact . eo * quod non suscepit ordinem militarem ante festum ascensionis domini anno regni nostri quinto ; ita , &c. ad diem praedictum . t. &c. per rotulum de finibus militum de anno quinto regis nunc . de bonis et catallis , terris et tenementis johannis knyvett armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo pro consimili ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum ; ad quem diem non return brev . ideo , &c. ita in octabis . de bonis et catallis , &c. henrici frowick armigeri in balliva vestra fieri fac . s. d. quos debet de auro suo de ( ) quodam fine , &c. mar . pro consimili . ita , &c. ad diem , &c. t. &c. per praedictum . de bonis et catallis , &c. johannis langton armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedictum . de bonis et catallis , &c. henrici grene armigeri in balliva tua fieri fac . s. quos debet , &c. de auro suo de quodam ( ) fine l. pro consimili ; ita , &c. ad diem . t. &c. per warr. praedictum . de bonis et catallis , &c. johannis hastings de fenwick armigeri in balliva tua fieri fac . s. quos debet de auro suo de ( ) quodam fine l. pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedictum . de bonis et catallis , terris & tenementis johannis collingrigg , necnon edwardi langford de bradford in dicto com. berk armigeri , & thomae roger. de speane in eodem com. armigeri , ( ) manucaptorum praedicti johannis in balliva tua fieri fac . mar . quas debent , &c. de auro suo de quodam ( ) fine marc . nobiscum facto , et nobis praemanibus solut . pro custodia manerii de padworth cum pertinentiis in dicto com. berks , voc . comdreyes , mediet . unius molendin . aquatici , & unius acr. terr . cum pertinentiis in padworth in com. praedicto , quae nuper fuerunt edwardi coudrey defuncti , qui de nobis tenuit in capite , et pro maritagio pitri coudrey filii et haeredis dicti edwardi , ita , &c. à die paschae in unum mensem . teste , &c. per rotulum memorand , de anno quarto regis nunc , hillar . record . rotnl . . ex parte remem . thes . de bonis et catallis , terris & tenementis williemi essex in balliva tua fieri faciatis marc . quos debet , &c. de auro suo de ( ) quodam fine marc . nobiscum facto pro maritagio elizabeth , filiae et haeredis willielmi bopthorp armiger . et johannae uxoris ejus , ac pro custodia omnium terrarum & ten . reddit . serviciorum ac reversionum cum suis pertinentiis , quae fuerunt praedictorum willielmi bapthorp & johannae , aut eorum alterius diebus quibus obierunt , & quae per & post mortem eorundem willielmi bapthorp & johannae seu eorum alterius ; ac ratione minoris aetatis praedictae elizabethae ad manus nostras devenerunt ; ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per original . de anno quinto regis nunc , rotulo . de bonis et catallis , terris et tenementis radulphi botiller de sudeley militis in balliva tua fieri fac . s. d. quos debet , &c. de auro suo de quodam ( ) fine marc . nobis solut . in hanaperio nostro , pro ( ) licenc . habenda . et quod ipse et alii manerium de brabourn cum pertinentiis in com. kanc. quod de nobis tenetur in capite dare possint et concedere thomae archiepiscopo cantuar. et aliis , habend , sibi & haeredibus suis de nobis & haeredibus nostris per servitia inde debita & consueta imperpetuum ; ita , &c. in sancti michaelis , &c. t. &c. per warr. praedict . rotulo . de bonis et catallis , terris et tenementis abbatis & conventus monasterii de evesham in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobiscum solut . in hanaperio nostro pro ( ) licenc . habend . quod iidem abbas et convent . abbas de alvecestriae in com. warr. terr . et ten . reddit . et emolumen . ac possessiones universas cum pertinentiis suis eidem abbatiae qualitercunque spectan . una cum omnibus libertatibus et franc . quibuscunque percipere , ac sibi & eorum monasterio praedicto tenere possint et valeant imperpetuum ad manum mortuam ; ita , &c. ad diem praedictum . t. &c. per warr. praedictum rot. . de bonis et catallis , &c. walteri blunt in balliva tua fieri fac . s. d. quos debet de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro pro literis nostris patentibus de pardonac . praefat . walter . et aliis . habend . de omnimodis donacionibus , alienationibus , et dis . per ipsos seu eorum aliquem de et in manerio de sturminstre mareschall voca● . beancham of mannor cum pertinentiis in dicto com. dors . ita , &c. ad diem praedictum , &c. t. &c. per warr. praedictum rot. . de bonis et catallis , terris et tenementis johannis fortescue et johannis reyselley armigerorum , necnon richardi whitley de london gent. et willielmi hammond de eadem gen. ( ) manucapt . praedictorum johannis et johannis in balliva tua fieri fac . s. quos debent , &c. de auro suo de ( ) quodam fine l. nobiscum facto pro custod . habend . omnium dominiorum , maneriorum , terrarum , ten . et aliorum haereditamentorum cum pertinentiis , quae fuerunt johannis . wynard de com. praedicto armiger . defunct . qui de nobis tenuit in capite die quo obiit , & pro maritagio agnetis filiae et haeredis cujusdam johannis wynard infra aetatem eristent . ita , &c. in crastino mich. anno . praefatae consorti nostrae , &c. teste , &c. orig. de anno . regis nunc rotulo . de bonis & catallis , terris & tenementis johannis dynham armigeri , & elizabeth . quae fuit uxor johannis ratcliff de fitzwauter armigeri , in balliva tua fieri fac . s. d. quos debent elizabeth . reginae angliae de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habenda quod ipsi dibersa maneria in com. suff. & essex . quae de nobis tenentur in capite , dare possint et concedere richardo illingworth militi , & al. ita , &c. in octabis sancti hillarii anno octavo praefatae reginae , aut ejus in hac parte receptori tunc ibidem solvend . t. per origin . de anno septimo regis nunc , rot. . ad quem diem vic. non return . breve johanni , &c. ita , &c. in crastino clausi pasch . anno nono regis nunc . de bonis & catallis , &c. johannis goringe , humfr. henster , & thomae best , in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habenda quod ipse terr . et ten . ab valorem annum l. cuidam cantariae , ad altar . sancti georgii infra ecclesiam cathedralem cicestr . in com. sussex . dare possint et concedere . ita , &c. in octabis sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum . de bonis & catallis , &c. johannae quae fuit uxoris richardi yard armigeri de suss . in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod ipsa maner . de tongwoke & alia terras & tenementa quae de nobis tenet in capite in com. praedicto gilberto yard filio suo dare possit et concedere . ita , &c. in quindena sancti hillarii praefatae reginae , &c. per warr. praedictum , rotulo praedicto . de bonis & catallis abbatis & conventus de ev●sham , in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro confirmatione chartarum diversorum progenitorum nostrorum quondam regum angliae habend . ita , &c. oct. sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum in rotulo praedicto . de bonis & catallis , terris & tenementis johannis s●orlow nuper unius jur. de quadam inquisitione inter robertum martyn quer. & henricum gray de keteringam gen. capt . de placito transgressionis , necnon willielmi price de hetterset in dicto com. norff. gen. & thomae saive in eodem com. gen. ( ) plegiorum praebict . johannis s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , tam pro bonis et catallis suis nobis forisfact . quam pro extirpatione terrarum et tenementorum suorum , necnon pro imprisonamento corporis sui ratione falst sacramenti sui per ipsum et socios suos in placito praedicto facti , unde per quandam jur. militum inde inter ipsos capt . convictus est , & ( ) se posuit a● gratiam nostram . et de bonis , &c. johannis super nuper alterius jur. praedictorum , necnon plegiorum praedictorum in dicta balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobiscum facto pro consimili . et de bonis , &c. roberti pyrle nuper tertii jur. praedictorum , necnon johannis pelley de hardwick in dicto com. norff. armigeri , & johannis ryley de carbrook in eodem com. gen. ( ) plegiorum praedicti roberti in dicta balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobiscum facto pro consimili . et de bonis , &c. jacobi charter nuper alterius jur. praedictorum , necnon richardi mountaine de carbrook in dicto com norff. armigeri , & johannis andrew de london haberdasher , plegiorum praedicti jacobi in dicta balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto pro consimili . et de bonis , &c. roberti richmondi nuper alterius jur. praedictorum , necnon praedicti willielmi price gen. & roberti storer de moryngthorp in dicto com. norff. gen. plegiorum praedicti roberti richmond in dicta balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum facto pro consimili . et de bonis , &c. nich●lai bishop nuper alterius jur. praedictorum , necnon thomae brampton de hersham in dicto com. norff. gen. & simon gumore de east beckingham in dicto com. norff. gen. plegiorum praedicti nicholai in dicta balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobiscum facto pro consimili . ita , &c. per rotulum de finibus amerc . necnon catall . fugitivorum coram rege de termino sanctae trinitatis anno septimo regis nunc . de bonis & catallis praesidentis et scholarium collegii sanctae mariae magdalenae oxon. in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro confirmatione chartarum diversarum progenitorum nostrorum quondam regum angliae habenda . ita , &c. teste , &c. per origin . praedicto rotulo . de bonis & catallis burgens . tenentium , residentium & inhabitantium villae de doncaster in com. praedicto , in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro quadam charta nostra de ejusdem libertate habend . ita , &c. in octab. sancti hillarii praefatae reginae , &c. t. per warr. praedictum rotulo praedicto . ad quem diem vic. non returnavit brev . ideo , &c. ita , &c. in crastino clausi paschae anno nono regis nunc , &c. de bonis & catallis abbatis & conventus domus sive ecclesiae beatae mariae , de bonis & catallis , &c. david ap johann persona ecclesiae de acton burnell , & willielmi tagge persona ecclesiae de norton in habes . in balliva tua fieri fac . s. d . quos debent , &c. de auro suo , pro ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habenda quod ipsi manerium de areley cum pertinentiis in com. suff. quod de nobis tenetur in capite , dare possint et concedere thomae litlelow & aliis , & haeredibus ipsius thomae tenend . de nobis & haeredibus nostris per servitia inde debita , & de jure consueta imperpetuum . ita , &c. ad diem praedictum . et per warr. praedictum rotulo . rex vicecomiti salutem ; de bonis & catallis , &c. richardi nevill comitis warr. in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . solut . in hanaperio nostro , pro licentia habenda , ut ipse idem comes seu alii quicunque terras , tenementa , redditus , revers . servitia , annuitates , & alias possessiones quaecunque ad valenc . marc . per annum , cuidam capellano cantariae ad altare beatae mariae virginis in ecclesia parochial . apostolorum petri & pauli de olney in dicto com. buck juxta ordinationem praedicti comitis in hac parte habend . imperpetuum ibidem celebraturum , & successoribus suis , dare , concedere , legare & assignare possit . ita , &c. in crastino sancti michaelis , &c. t. &c. per origin . de anno quinto regis edw. . rot. . de bonis & catallis , terris & tenementis prioris & canonicorum de bridlington , & ejusdem loci conventus , in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. solut . in hanaperio nostro , pro confirmatione quarundam chartarum et literarum patentium di●ersorum progenitorum nostrorum de diversts libertatibus et franches . nuper priori , canonicis , & convent . loci praedict . & successoribus suis concess . nuper confectarum habend . ita , &c. ad diem praedictum , t. &c. warr. praedict . rotulo . de bonis & catallis , terris & tenementis reginaldi collyer nunc prioris ecclesiae sancti bartholomaei de smithfield , & ejusdem loci conventus , ac magistri & fratrum hospital . sancti bartholomaei in balliva vestra fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . solut . in hanaperio nostro , pro confirmatione quarundam chartarum diversorum progenitorum nostrorum quondam regum angliae , de diversts concessionibus et confirmationibus nuper priori & conventui loci praedicti , ac nuper magistro & fratribus ejusdem loci & successoribus suis factis nuper confectarum habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo . de bonis & catallis , terris & tenementis abbatis & conventus de seleby in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . solut . in hanaperio nostro , pro confirmatione quarundam chartarum et literarum patentium diversorum progenitorum nostrorum quondam reguin angliae , de diversis concessionibus et confirmationibus nuper abbati & conventui loci praedicti & successoribus suis factis nuper confect●rum habend . ita , &c. ad diem praedictum . t. &c. per warr. praedictum rotulo . de bonis & catallis , terris & tenementis abbatis & conventus de croyland , in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro custodia dictae abbatiae et omnium temporalium esusdem , cum omnibus bonis et rebus ad abbatiam praedictam spectantibus tempore vacationis ejusoem habend . ita quod denar . &c. ad diem praedictum . t. &c. per warr. praedictum rotulo . de bonis & catallis , terris & tenementis richardi fowler , & thomae wood , in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro tribus brevibus de con . habend . ita , &c. in octabis sancti hill●rii praefatae consorti nostrae , &c. t. &c. per origin . de anno sexto regis nunc rotulo . de bonis & catallis , terris & tenementis oliveri dinham clerici , in balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum facto , pro licentia conc . cum fulcone bourchier armigero , fil . & haered . willielmi bourchier domini fitz warren militis , de placito conde maneriis de clyfford , combe , tynehode , sutton , littlynescomb , & westgrene , cum pertinentiis , ac aliis maneriis , terris & tenement . cum pertinentiis in com. devon. wiltes . somerset . & cornub. ita quod denar . illos , &c. in octab. sancti hillarii praefatae consorti nostrae , &c. t. &c. per rotulum de finibus de banco de termino paschae anno sexto regis nunc , &c. de bonis & catallis , terris & tenementis anthonii wydenyledin de scales in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro licenc . conc . cum simone baxter et gilberto hogh de placito convenc . de manerio de midletone , & aliis maner●is , cum pertinentus in com. norff. suff. glouc. essex et hertford . ita , &c. in octabis sancti hillarii . t. &c. per rotulum de finibus de banco de termino sanctae trinitatis anno sexto . de bonis et catallis , terris et tenementis richardi illingworth militis in balliva tua fieri fac . s. d. quos debet , &c. de avro svo de ( ) quodam fine marc . nobis solut , in hanaperio nostro , pro tribus brebibus de conc. habend . ita , &c. in crast . clausi paschae anno octavo praefatae consorti nostrae , &c. t. &c. per orig. de anno septimo regis nunc rotulo . de bonis et catallis , terris et tenementis roberti de mitcham de egham in dicto com. surr. yeoman , in balliva tua fieri fac . s. d. quos debet , &c. de avro svo de ( ) quodam fine marc . nobiscum facto . de bonis et catallis , &c. mariae de stoneley in balliva tua fieri fac . s. quos debet , &c. de avro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licenc . habend . perquirend . terras et ten . ad valorem marc . per annum habend . st●i et successoribus suis imperpetuum . ita , &c. in octabis sancti hillarii praefatae reginae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis willielmi carrent armigeri , johannis carrent sen . armigeri in balliva tua fieri fac . l. quas debet , &c. de avro svo de ( ) quodam fine l. nobis solut . ad recept . scaccarii nostri , pro custodia tam willielmi filii et haeredis johannis filtoll armigeri defuncti . quam omnium maneriorum , terrarum et tenermentorum quae fuerunt ejusdem haeredis . ita , &c. in crastino clausi pasche anno nono praefatae reginae &c. t. &c. per origin . de anno septimo regis nunc , rotulo . de bonis et catallis , terris et tenementis johannis dynham armigeri & elizabethae quae fuit uxor johannis ratteclyff de fitzwater armigeri in balliva tua fieri fac . l. quas debet , &c. de avro svo pro ( ) quodam fine marc . nobiscum facto , pro licenc . conc . cum richardo illingworth milite . johanne say milite , et thoma vrsewick , de placito convenc . de maneriis de hetingynal et dis . cum pertinentiis in dicto com. suff. & com. essex ; ita , &c. per rotulum de finibus de banco de termino paschae anno septimo regis nunc sub signo norff. suff. & essex . ad quem diem vic. non return . brev . ita , &c. in octabis sancti hillarii anno octavo regis nunc ; ad quem diem vic. non return . brev . ita , &c. ideo , &c. in crastino clausi paschae anno nono regis nunc . de bonis et catallis , &c. johannis cheyne armigeri in balliva tua fieri fac . s. quos debet , &c. de auro suo , pro ( ) quodam fine l. nobiscum facto , pro licenc . conc . cum margareta quae fuit uxor roberti hungerford militis , et anna uxore ejus , de manerio de lemanca cnm pertinentiis , & ●al . terr . ibidem et alibi . ita , &c. per warr. praedictum . de bonis , &c. johannis sydenham junior de orchard in com. somerset , et richardi fowler de weston in com. oxon. in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine marc . nobis solut . pro custodia isabellae consanguinei et haeredis mauritii laryver armigeri , quod de h. . nuper de facto et non de jure rege angliae tenuit in capite die quo obiit , quae per mortem praedicti mauritii , ac ratione minoris aetatis ipsius isabellae ad manus nostras devenit , seu devenire deberet : habend . praefatis johanni et richardo , dura●te minori aetate praedictae isabellae absque disparagacione . ita , &c. per origin . de anno sexto regis nune rotulo . de bonis , &c. quae fuerunt petri arderne militis , nuper unius justic . nostrorum de banco , necnon richardi parnell de london . gen. et johannis mille de london gen. ( ) manucapt . praedicti petri in balliva tua fieri fac . s. d . quos debent , &c. de avro svo de ( ) quodam fine marc . praemanibus solut . pro custodia omnium terrarum et tenementorum quae fuerunt thomae skreene defunct . quae per mortem dictae thomae , aut ratione minoris aetatis johannis skreene filii et haeredis johannis skreene defunct . qui de nobis tenuit in capite die quo obiit , infra aetatem et in custodia nostra existente , ad manus nostras devenerunt . ita , &c. per orig. praedictum rot. , de bonis , &c. h●gonis fenne et willielmi essex in balliva tua fieri fac . l. s. d. quos debent , &c. de avro svo , de ( ) quodam fine marc . nobis praemanibus solut . pro custodia omnium dominiorum , maneriorum , terrarum , reddituum , et servitiorum ac reversionum cum pertinentiis quae fuerunt nicholai carew armigeri defuncti , quae de nobis tenuit in capite die quo obiit , et quae per mortem ejusdem ; ac ratione minoris aetatis nicholai , &c. in manibus nostris existunt ; ac pro maritagio ejusdem nicholai fil . absque disparagacione ; ita , &c. per orig. praedictum rotulo praedicto . de bonis , &c. magistri thomae kente utriusque juris doctor . clerici consilii nostri , et roberti kent in legibus baccallarii , cur. cantnar . procuratoribus generalibus in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . ut ipsi ten . terras , possessiones , redditus et servitia , cum suis pertinentiis ad valorem an . l. ●uidam capellano perpetuo cujusdam cautariae perpetuae dibina singulis diebus ad altare com. praedict . celebratur . dare , concedere et assignare possint ; ita , &c. per orig. praedictum rotulo . de bonis , &c. willielmi canings mercatoris villae regis nostrae praedictae in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licenc . habenda , ut ipse terras , ten . reddit . et possessiones quascunque ad valorem l. per an . ●uidam capellano cujusdam cantariae in ecclesia beatae mariae de redecliff in bristollia dibina ad altare sanctae katherinae in eadem ecclesia singulis diebus imperpetuum celebratur . dare possit et concedere . ita , &c. per warr. praedictum ro●ulo praedicto . de bonis , &c. thomae mossen , thomae wallyene , et johannis wallyene in balliva tua fieri fac . s. quos debent , &c. de avro svo , de ( ) quodam fine l. nobis solut in hanaperio nostro , pro licenc . habend . quod ipsi unum mess . tres virgat . et viginti acras terrae , acras prati , et acr . pastur . cum pertinentiis in frank●en . quae valent per annum s. d. ac unum mess . cum pertinentiis in coventre quod valeat per annum s. priori et conventui de coventr . habend . stbi et successoribus suis , dare possint et assignare : ita , &c. per orig. praedictum rotulo . de bonis et catallis , terris et tenementis communitat . civitatis bathoniae in balliva tua fieri fac . s. d. quos debent , &c. charissimae consorti nostrae elizabethae regina angliae de avro svo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro confirmatione tam quarundam cartarum et literarum patentium h. , h. , & henrici . nuper de facto et non de jure rege angliae , diversis concessionibus et confirmationibus nuper civibus civitatis praedictae nuper confectarum habend . ita quod denarios illos habeas ad scaccarium nostrum apud westm . in crastino sancti michaelis praefa●ae consorti nostrae , seu ejus in hac parte ( ) receptori tunc ibidem solvend . et habeas ibi tunc hoc breve . t. r. illingworth milite apud westm. die julii anno regni nostri septimo , per orig. de anno sexti regis nunc , rotulo . de bonis et catallis , &c. tam reverendissimi in christo patris georgii archiepiscopi eborum , johannis comitis wygorn . johannis domini le scrop de bolton , thomae lumley militis domini lumley , thomae lumley militis , roberti danby militis , capit. justic . nostri de communi banco , jacobi strongwash militis , christopheri co●iers militis , roberti claxton militis , willielmi lambert clerici , guidonis fairfax , johannis kateryck , & johannis hewyck , quam radulphi comitis westmerl . et margaretae uxoris ejus in balliva tua fieri fac . s. quos debent , &c. de auro suo de ( ) quodam fine de marc . nobis per ipsos solut . in hanaperio nostro , pro pardonacione habend . de quibusoam transgressionibus per ipsos factis , adquirend . sibi et haeredibus suis de praedicto comite westmerl . diversa maneria cum pertinentiis in com. praedicto , et in com. lincoln . quae de nobis tenentur in capite , sine licentia nostra ; ita , &c. ad diem praedictum , et per orig. praedictum rotulo . ad quem diem vic. non return . breve . ideo , &c. ita , &c. in crastino clausi paschae , anno octavo regis nunc . de bonis , &c. simonis norwich armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro pro licenc . habend . quod ipse unum toft . acr . rod. novem particatas et decem particatas in foresta nostra de rockingham , in quodam loco vocato the southside de totenhow , cum pertinentiis , quae de nobis tenentur in capite , tradere possit et concedere dilecto nobis in christo thomae buxhall magistro collegii beatae mariae virginis & omnium sanctorum de fodrenghay in com. praedicto ; et sociis ejusdem collegii & successoribus suis imperpetuum . ita , &c. ad diem praedictum per warr. praedictum in rotulo praedicto . de bonis , &c. johannis markham militis , capitalis justic , nostri de placito coram nobis tenend . assign . elizabethae quae fuit uxor hugonis hercey nuper de grove in dicto com. nott. armigeri , et unic . fil . et haeredis simonis de l●ke nuper de cotum in com. praedicto armigeri , richardi woughby armigeri , gerva●ii hercey , & galfr. stanton in balliva tua fieri fac . s. d. quos debent , &c. de auro suo de ( ) quodam fine marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi terr . ten , reddit . & servic . ac alias possessiones cum suis pertinentiis , quae de nobis immediatè non tenentur in capite , ad valenc an . s. ultra repryss . ●uidam capellano perpetuo cujusdam cantariae divina ad altare sanctae mariae virginis in ecclesia sancti martini de saundby in com. praedicto singulis diebus celebraturo imperpetuum , dare vel concedere possint . ita , &c. per warr. praedictum rotulo praedicto . de bonis , &c. richardi fryston clerici in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro pardonacione habend . de eo quod idem richardus de manerio de codford mariae , et de medietat . maneriorum de stepull langford , deen & grynsteed cum pertinentiis in com. praedicto in dominico suo ut de feodo seisitus ad usum milonis stepulton militis defunct . eadem maner . & medietates cum pertinentiis per quandam chartam suam dimisit , feofavit , & confirmavit praefato miloni habend . sibi & haered . de corpore suo legitimè procreat . licentia nostra inde non optenta . ita , &c. ad diem praedictum , per warr. praedictum rotulo praedicto . ad quem diem vic. non return . brev . ideo , &c. ita , &c. in crastino sancti michaelis anno . de bonis & catallis , &c. henrici pemerey in balliva tua fieri fac , s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobiscum facto pro quodam contemptu , quod non suscepit ordinem militarem ante festum ascensionis domini anno regni nostri quinto . ita , &c. in crastino clausi paschae anno . t. &c. per rotulum de * finibus milit. de armis quinto & sexto regis nunc . de bonis & catallis , &c. johannis stanhop armigeri in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobiscum facto pro consimili . ita , &c. ad diem praedictum . t. &c. per warr. praedict . de bonis & catallis , &c. agnetis fray viduae , & richardi danvers in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis praemanibus ad recept . scaccarii nostri solut . pro custodia johannae unius filiarum & haered . roberti danvers militis defuncti , qui de nobis tenuit in capite die quo obiit , ac omnium terrarum & tenementorum quae per mortem ejusdem roberti de ratione minoris aetatis ejusdem johannae ad manus seu possessionem nostras devener . una cum maritagio ejusdem johannae absque disparagatione . ita , &c. in crastino clausi paschae anno septimo praefatae consorti nostrae , &c. t. &c. per origin . de anno septimo regis nunc rotulo . de bonis & catallis , &c. johannis say militis , necnon thomae leverthorpe de london . gen. & johannis ferraunt de eadem gen. ( ) manucapt . praedict . johannis say militis , in balliva tua fieri fac . l. s. d. quos debent , &c. de auro suo , de quodam fine marc . nobis praemanibus solut . pro custodia omnium maneriorum & tenem . cum pertinentiis quae fuerint walteri ralegh armigeri defunct . quae de nobis tenuit in capite die quo obiit , & quae per mortem praefati walteri armig. ratione minoris aetatis johannae ralegh consanguin . & haeredis ejusdem walteri ad manus nostras devener . una cum maritagio ejusdem haered . absque disparagatione . ita , &c. ad diem praedictum . t. &c. per origin . praedictum rotulo . ad quem diem vic. non return . brev . ideo praes . vicecom . essex . in octabis sancti hillarii anno octavo regis nunc . ad quem diem vic. non return . brev . ideo praes . vicecom . essex . & hertford . in octabis sanctae trinitatis anno nono regis nunc , &c. de bonis & catallis , &c. willielmi broundon armig. marescal . nostr . coram nobis in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro eo quod non habuit in curia nostra coram johanne markham milite capital . justic . nostro , ad placita coram nobis tenend . assign . apud london . agnetam hakbirk de london . viduam , ad certum diem sibi per cur. ita , &c. in octabis sanctae trinitatis anno . t. &c. per rotulum de finibus & ejusdem catall . coram rege de anno sexto regis nunc . ad quem diem vic. non return . breve . ideo , &c. in octabis sancti hillarii anno , regis nunc , &c. ad quem diem vic. non return . brev . ideo , &c. ita , &c. in crastino clausi paschae anno nono regis nunc , &c. rex vic. salutem . de bonis & catallis , terris & tenementis thomae h●o armigeri , in balliva tua fieri fac . s. d. quos debet charissimae consorti nostrae elizabeth reginae angliae de auro suo , de ( ) quodam fine l. s. d. nobiscum facto , pro . brevibus de conc . habend . die octobris anno regni nostri . ita , &c. in crastino sancti michaelis anno nono praefatae consorti nostrae , sive ejus in hac parte ( ) receptori tunc ibidem solvend . t. &c. per origin . de anno . regis nunc rotulo . ad quem diem vic. non return . brev . ideo , &c. in octabis sanctae trinitatis anno regis nunc . de bonis & catallis , terris & tenementis willielmi comitis pembrook in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro breve de conc . habend . de octobris anno octavo . ita , &c. in crastino sancti michaelis consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . ad quem diem vic. non return . brev . ideo , &c. ita , &c. à die sanctae trinitatis in dies , anno decimo regis nunc , &c. de bonis & catallis , &c. charissimi consanguinei nostri johannis ducis norff. & elizabeth . uxoris ejus , in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi castrum , manerium , dominium & burgum de chepstou , & alia maneria & dominia cum pertinentiis in marchibus walliae com. glouc. adjacen . quae de nobis tenentur in capite , dare possint et concedere charissimo consanguineo nostro willielmo comiti pembrook , habend . sibi & haeredibus suis . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo . de bonis & catallis , &c. charissimi consanguinei nostri johannis comitis wigorn. in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro pardonatione nostra habend . de offens . et transgres . quem fecit ducendo uxorem elizabeth . quae fuit uxor rogeri corbet de norton militis defunct . ita , &c. in crastino , &c. praefatae consorti , &c. t. &c. per warr. praedict . rotulo praedicto . ad quem diem vic non return . brev . ideo , &c. ita , &c. in octabis sanctae trinitatis anno . regis nunc . de bonis & catallis , &c. henrici borman magistri domus eleemosinarum sanctorum johannis baptistae & johannis evangelistae de shirebourne , & fratrum ejusdem domus in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobiscum facto in hanaperio nostro , pro licentia habend . quod ipsi terras & tenement . quae de aliis quam de nobis tenentur in socagio vel burgagio usque ad valorem l. per annum sibi & successoribus suis imperpetuum adquirere possint ad manum mortuam . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo . ad quem diem vic. non return . brev . ideo , &c. ita , &c. à die sanctae trinitatis anno nono regis nunc . de bonis & catallis , &c. abbatis de abindon , & ejusdem loci conventus in balliva tua fieri fac . s. d. quos debent , &c. de auro suo de ( ) quodam fine marc . nobiscum facto in hanaperio nostro , pro confirmat . quarundam cartarum et literarum patentium diversorum progenitorum nostrorum de diversis concessionibus et confirmationibus nuper abbatibus et conventui loci praedicti factis nuper confectarum . ita , &c. ad diem praedictum praefatae consorti , &c. t. &c. per warrantum praedictum rotulo praedicto . de bonis & catallis johannis markham militis nuper capital . justic . nostri london . placita coram nobis tenend . assign . in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. s. nobiscum facto in hanaperio nostro , pro licenc . habend . quod ipse , haeredes , executores & assign . suis , et eorum quilibet terr . & ten . quae de nobis immediatè non tenentur in capite , ad valorem marc . per annum , ultra repris . cuidam capellano perpetuo cujusdam cantariae perpetuae divina singulis diebus ad altare beatae mariae virginis , & sanctorum michaelis archang . johannis baptistae , & johannis evangelistae in ecclesia paroch . de segbrook in com. lincoln . juxta ordinac ▪ praedicti johannis in hac parte faciend . dare possit vel possint : ita , &c. ad diem praedictum praefatae consorti , &c. teste , &c. per origin . praedictum rotulo . de bonis et catallis , &c. henrici fitz-hugh militis in balliva tua fieri fac . s. d. quos debet , &c. de auro suo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod ipse , haered . et executores sui , terras , ten . et redditus cum pertinentiis , ad val . l. per annum ultra repris . quae de nobis non tenentur in capite duobus capellanis perpetuis divina singulis diebus in capella sancti johannis apostoli et evangelistae in castro sive manerio de ravenwash in com. praedicto , dare et concedere possint et possit ; ita , &c. in crastino sancti michaelis praefat . consorti , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , &c. principalis et communitatis vicariorum ecclesiae sanctae trinitatis cicestren . in balliva tua fieri fac . l. quas debent de auro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licenc . habend . quod ipsi aut eorum successor . terras , ten . et reddit . usque ad valorem marc . per annum ultra repris . adquirere et recipere possint ; habend ▪ sibi et successoribus suis imperpetuum ad manum mortuam ; ita , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto . ad quem diem vic. non retorn . brev . ideo , &c. in mens . pas . anno regis nunc . de bonis et catallis , &c. roberti ingelton domini manerii de thornton in com. buck. in balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine , &c. capell . perpetuis cujusdam cantariae perpetua divina singulis diebus in eclesia paroch . de thornton praedict . imperpetuum celebrat . & successor . suis , terras , ten . et alias possessiones ad valorem l. per annum ultra repris . quae de nobis non tenentur in capite perquirrere possint et possit , habend . sibi et successoribus suis ad manum mortuam ita , &c. in clausi s. michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto ; ad quem diem vic. non return . brev . ideo , &c. in mens . anno . regis nunc . &c. de bonis et catallis , &c. mauricii berkeley armigeri in dicto com. buck in balliva tua fieri fac . s. quos debet , &c. de auro suo de quodam fine l. nobis praemanibus solut . pro custod . omnium maneriorum terrarum , reddit . serviciovum , possessionum et haereditamentorum , cum pertin , quae de nobis tenuit in capite , et quae per mortem ipsius richardi , et ratione minoris aetatis walteri punckherton filii et haeredis praedicti richardi ad manus nostras devener . una cum maritagio ejusdem haered . ita , &c. in octabis sancti hillarii anno nono praefatae consorti , &c. t. &c. per orig. de anno . regis nunc rotulo . ad quem diem vicecom . non return . breve . ideo , &c. ita in octabis sanctae trinitatis , anno . regis nunc . de bonis & catallis , terris et tenementis johannis ducis norff. nuper de framengham in com. norff. & elizabethae uxoris ejus , necnon nichola●i gresley de drakblow in praedicto com. derb. gent. & johannis benne de re slaston in eodem com. yeoman , ( ) plegiorum praedictorum johannis & elizabethae in balliva tua fieri fac . s. quos debent charissimae consorti nostrae elizabethae reginae angliae de auro suo de ( ) quodam fine l. nobiscum facto , pro quadam transgression . thomae dawson vi et armis factae , unde convicti sunt . ita , &c. in octabis sanctae trinitatis anno decimo praefatae consorti nostrae , &c. t. &c. per rotulum de finibus exit . & amerc . vic. de banco de termino sancti michaelis , & sancti hillar . anno nono ejusdem regis . de bonis et catallis , terris et tenementis quae fuerunt willielmi nuper comitis pembrook in balliva tua fieri fac . s. quos debet , &c. de avro svo de ( ) quodam fine l. nobiscum facto ( ) pro licentia concordan . cum johanne duce norff. & elizabetha uxore ejus , & aliis de placito convenc . de castro & manerio de swansey , et aliis castris , dominiis , maneriis , terris , et tenementis cum pertinentiis in marchia walliae , com. praedict . adjacen . ita quod denar . ill . &c. in crastino sancti michaelis anno decimo praefatae consorti nostrae , &c. t. &c. per rotul . de finibus exit . & amerc . de banco de termino michaelis & hillar . anno paschae & sanctae trinitatis , anno nono . de bonis et catallis thomae becket in balliva tua fieri fac . s. d. quos debet , &c. de auro suo de ( ) quodam fine l. s. d. pro ( ) licentia concordand . cum duce norff. & elizabeth . uxore ejus de placito conventionis de maneriis de vpton , seynt leonards cum pertinentiis in com. praedicto , & aliis maneriis , terris , et tenementis cum pertin . in diversis comitat. angl. ita , &c. t. &c. per warr. praedictum . de bonis , &c. thomae mountgomery militis in balliva tua fieri fac . s. quos debet . &c. de auro suo , de ( ) quodam fine l . pro licenc . concord . cum johanne mervey milite , & johanna uxore ejus , de placito convenc . de maneriis de legre , merney gippcrack , hordon , hause , et ardenhall cum pertinentiis , & aliis terris & ten . in com. essex , oxon. & buck. ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per. warr. praedictum ; ad quem diem vic. non return . breve , &c. ita , &c. in crastino sancti michaelis anno . de bonis et catallis , terris et tenementis willielmi hyde armigeri , et johannis marshall civis & mercer london . necnon roberti collyns de london , — & richardi hill de london mercer , ( ) manucapt . praedictorum willielmi hyde et johannis marshall in balliva tua fieri fac . l. s. d. quos debent , &c. de auro suo , de ( ) quodam fine l. s. d. nobiscum facto , & ad recept . scaccarii nostri solvend . pro maritagio edwardi filii et haeredis richardi hatfield armigeri defuncti , & margaretae nuper uxoris ejus , infra aetatem , et in custodia nostra per mortem praedictae margaretae , ac ratione minoris aetatis praedicti edwardi nuper existen . ita , &c. in crastino sancti michaelis anno decimo praefatae consorti nostrae . t. &c. per origin . de anno . regis nunc rotulo . de bonis et catallis , terris et tenementis willielmi essex , & willielmi stocker , necnon johannis stocker de london draper , ( ) manucapt . praedictorum willielmi & willielmi in balliva tua fieri fac . s. d. quos debent , &c. de auro suo de ( ) quodam fine l. s . d . nobiscum facto , & ad recept . scaccarii nostri solvend . pro maritagio johannis filii & haeredis thomae makery armigeri defuncti , infra aetatem , et in custodia nostra per mortem ejusdem thomae , ac ratione minoris aetatis dicti johannis nuper existen . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis johannis cartnell clerici in balliva tua fieri ●ac . s. quos debent , &c. de auro suo de ( ) quodam fine l. nobis solut . in hanaperio nostro . pro licentia perquirend . terras et ten . ad valorem marc . per annum ultra repris . quae de nobis non tenentur , pro quadam cantaria perpetua de uno capellano perpetuo divina ad altare beatae mariae virginis in ecclesia de middleham , juxta ordinationem ejusdem johannis , vel executorum suorum in hac parte faciend . celebratur . imperpetuum habend . sibi et successoribus suis imperpetuum ad manum mortuam habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedicto rotulo . de bonis et catallis , terris et tenementis quae fuerunt nuper comitis pembrochiae in balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine l . nobis solut . in hanaperio nostro , pro literis patentibus de confirmatione nostra tituli , status et possessionis praefati nuper comitis sibi et haeredibus suis , de et in castro , manerio , dominio et burgo de chepstone , & aliis castris , dominiis , maneriis , terris & ten . in dictis literis patentibus contentis habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo . de bonis et catallis , terris et tenementis th. mountgomery militis in balliva tua fieri fac . s. d . quos debet , &c. de auro suo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro brevi de conc . habend . ita , &c. ad diem praedictum praefatae consorti nostrae . t. &c. per origin . praedictum rotulo . de bonis & catallis , terris et tenementis thomae seymone militis in balliva tua fieri fac . s. quos debet charissimae consorti nostrae elizabethae reginae angliae de avro svo de ( ) quodam fine l. nobiscum facto , ( ) pro licencia concordandi cum edwardo hungerford et margeria uxore ejus de placito conventionis de maneriis de berton , staunton , fitzherberd , stoke , & magna durnford cum perinentiis in com. wiltes et somers . ita quod denarios illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , sive ejus in hac ( ) parte receptori tunc ibidem solvend . t. &c. per rotulum de finibus de banco de termino michaelis anno nono regis nunc sub signo wiltes . et somers . de bonis & catallis , terris et tenementis johannis comitis salop in balliva tua fieri fac . l. quos debet , &c. de avro svo de ( ) quodam fine l. nobiscum facto , ( ) pro licencia concordandi cum domino johanne markham milite , & aliis de placito conventionis de maneriis de whitchurch , blackmore , donnington , wrockwarreyne , chestwarden , sutton , maddock , tasseley , alberbury , et bitterly , cum pertinentiis in com. praedicto , et aliis maneriis in com. glouc. ita quod denarios illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. teste , &c. per warr. praedictum sub signo salop et glouc. de bonis et catallis , terris et tenementis willielmi marshall de newton et richardi clarell executorum testamenti thomae clarell nuper vicar . ecclesiae de ledes juxta rothwell in dicto com. eborum s. quos debent , &c. de avro svo de ( ) quodam fine marc . nobiscum facto , pro licencia habend . quod quidam capellanus perpetua divina servitia in ecclesia praedicta singulis diebus et successoribus suis , juxta ordinationem execut. praedictorum in hac parte faciend . celebratur . imperpetuum , terras , ten . redditus & annuitates cum pertinentiis , ad valorem septem marcarum per annum ultra repris . perquirrere possint . habend . sibi & successoribus suis imperpetuum ad manum mortuam ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . de anno decimo regis nunc rotulo . de bonis & catallis , terris et tenementis simonis hareby armigeri in balliva tua fieri fac . s. d. quos debent , &c. de avro svo de ( ) quodam fine marc . pro licentia concordandi cum johanne cave & johanne squire clerico , de placito conventionis de maneriis de westtoft , & holdeall in markham cum pertinentiis in com. norff. & aliis maneriis in com. essex ; ita , &c. in crastino clausi paschae anno . praefatae consorti nostrae , &c. t. &c. per rotulum de finibus de banco de termino sancti michaelis anno regis nunc , &c. de bonis et catallis , terris & tenementis thomae legg de altone westbrook in com. praedicto yeoman , in balliva tua fieri fac . s. quos debet , &c. de auro suo de quodam ( ) fine l. nobiscum facto , pro eo , quod ipse pro diversis insurrectionibus , conventiculis illicitis , feloniis , murdris , & aliis malefactis , indictatus existens coram justic . pacis ejusd . com. non comparuit coram nobis ad certum diem sibi praefixum ; ita , &c. in crastino clausi paschae praefatae consorti nostrae , &c. t. &c. per rotulum de finibus & amerc . fact . coram rege de termino sanctae trinitatis anno regis nunc , &c. de bonis et catallis , terris et tenementis edwardi crook de huley in com. hertford clerici in balliva tua fieri fac . s. quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum facto , pro eo quod non comparuit coram nobis ad certum diem sibi praefixum , pro eo , quod ipse interim non prosequeret nec attemptaret per se nec per alios nomine suo in curia romana , nec in aliqua alia curia christianitatis citra mare vel extra aliquid in praejudicium nostrum , coronae regalis nostrae , aut laesionem legum nostrarum regni nostri angliae , contra statuta de provisionibus edito . ita , &c. in crastino clausi pascha praefatae consorti nostrae , &c. t. &c. per rotulum de finibus , amerc . & catall . fugit . coram rege de termino sanctae trinitatis anno nono regis nunc , &c. de bonis et catallis , terris et tenementis roberti bolt de london surgeon , unius ( ) pleg . praedicti edwardi in balliva t●a fieri fac . s . quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum fact . pro eo quod ipse edwardus coram nobis ad certum diem sibi praefixum non habuit ; ita , &c. ad diem praedictum praefato consorti nostrae , &c. per warr. praedictum . de bonis & catallis , terris & tenementis richardi satuard de colton in dicto com. norff. yeoman , unius ( ) pleg . praedicti edwardi in balliva tua fieri fac . s. quos debet , &c. de auro suo de quodam ( ) fine l. nobiscum facto pro consimili ; ita , &c. per warr. praedictum . de bonis et catallis , terris et tenementis sibillae quae fuit uxor mauricii powes nuper de b●dringham in com. praedicto widdow , in balliva tua fieri fac . s . quos debet , &c. de auro suo de ( ) quodam fine l. nobiscum facto , pro eo quod non comparuit coram nobis ad certum diem sibi praefixum , ad inveniend . sufficientem securitatem pacis erga johannem frensh et cunctum populum nostrum , prout sub recognitione pro se assumpsit ; ita , &c. in crastino clausi paschae praefatae consorti nostrae , &c. t. &c. per rotulum de finibus , amerc . & catall . fugit . coram rege de termino sancti hillarii nono regis nunc , &c. de bonis et catallis , terris et tenementis henrici bodrugan in com. praedicto armigeri , unius ( ) pleg . praedictae sibillae in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro eo quod ipse ipsam sibillam coram nobis ad certum diem sibi praefixum non habuit , prout sub recogn . pleg . ita , &c. ad diem praedictum praefat . nostr . &c. t. &c. per warr. praedictum . de bonis et catallis , terris et tenementis johannis bingthon de london gen. alterius ( ) pleg . sibillae in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro eo quod ipte ipsam sibillam coram nobis ad certum diem sibi praefixum non habuit , prout sub recogn . pleg . ita , &c. in crastino clausi pascha praefatae consorti nostrae , &c : t. &c. per rotulum de finibus , amerc . et catall . fugitivorum coram rege de termino sancti hillarii anno nono regis nunc . de bonis et catallis , terris & ten . venerabilis in christo patris laurencii episcopi dunolm . in balliva tua fieri fac . l. quas debet , &c. de auro suo de quodam ( ) fine l. nobis ad recept . scaccarii nostri praemanibus solut . pro manerio de milton cum pertinentiis in com. cant. una cum advocatione ecclesiae de milton praedict , quae nuper fuer . richardi low armigeri , qui nobis forisfecit ; & pro aliis terris & ten . quae nuper fuerunt johannis stanley armigeri , fil . johannis stanley armiger , quae erga nos forisfecit , praefato episcopo , haered . & assign . suis imperpetuum per nos nuper concessis ; ita , &c. in crastino sancti johannis baptistae anno . praefatae consorti nostrae , t. &c. per orig. de anno regis nunc rotulo . de bonis et catallis , terris et tenementis johannis boothe episcopi exon. johannis comitis wiltes . & willielmi dudley clerici in balliva tua fieri fac . s. d. quos debent , &c. de auro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro brebi de conc . habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo . de bonis et catallis , terris et tenementis margaretae quae fuit uxor roberts nuper domini hungerford militis , johannis cheyney de pine armigeri , & johannis mervyn armigeri , in balliva tua fieri fac . l. quos debent , &c. de avro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi dare possint et concedere custodi , & duobus viris pauperibus , & uni mulieri perpetuis cujusdam domus eleemosin . apud heightsbyry in com. praedicto , manerium de cheverell , halos , cum pertinentiis in heightbury praedicta habend . una cum carectatis bosci pro focali suo in bosco de southlegh annuatim eisdem custodi , pauperibus & mulier . & successoribus suis imperpetuum , ad manum mortuam ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo . de bonis et catallis , terris et tenementis praedictorum margaretae , johannis & johannis mervyn in balliva tua fieri fac . l. quos debent , &c. de avro svo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi maner . de immer cum pertinentiis in com. praedicto , ac advocationem liberae capellae in eodem manerio , & alias terras & ten . in literis nostris patentibus eis inde confectis contenta , decano et capitulo ecclesiae cathedralis beatae mariae sarum & successoribus suis dare possint et concedere , habend . ad manum mortuam imperpetuum ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis &c. magistri sive custod . collegii sancti johannis evangelistae de rushworth & fratrum ejusdem collegii in balliva tua fieri fac . s. d. quos debent , &c. de avro svo , de quodam ( ) fine marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi & successor . sui terras , ten . et reddit . cum pertinentiis ad valorem marc . per annum adquirere possint , habend . sibi & successor . suis ad manum mortuam ; ita , &c. ad , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedict . rotulo praedicto : ad quem diem vic. non return . breve ; ideo , &c. ita , &c. in crastino sancti michaelis anno . de bonis et catallis johannis kyngston prioris ecclesiae beatae mariae de m●rton et ejusdem loci conventus in balliva tua fieri fac . s . quos debent &c. de avro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro confirmatione quarundam cartarum et literarum patentium diversorum progenitorum nostrorum nuper priori rt conventui loci praedicti nuper factarum habend . ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedict . rotulo . de bonis et catallis , terris et tenementis praecharissimae consanguinei nostro thomae cardinalis cantuar. archiepiscopi in balliva tua fieri fac . marc . quos debet , &c. de avro svo de ( ) quodam fine marc ▪ nobis praemanibus solut . pro custodia omnium honorum , castrorum , dominiorum , maneriorum , terrarum et ten . quae fuerunt georgii nevile militis nuper de latimer defuncti ; ac henrici nevil militis filii ejusdem georgii , necnon johannae filiae ejusdem henrici similiter defunctorum . et quae tam post mortem ipsius georgii , quam post mortem ipsorum henrici et johannae ; ac ratione minoris aetatis richardi consanginei et haeredis ejusdem georgii ad manus nostras devenerunt ; ita , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per origin . praedictum rotulo . de bonis et catallis , terris et tenementis willielmi colles de wellys in dicto com. norff. yeoman , & isabellae uxoris ejus in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobiscum facto , pro eo , quod non comparuere coram nobis ad certum diem sibi praefixum ad inveniendum secur . pacis erga johannem de boulton et cunctum populum nostrum . et de bonis , &c. willielmi ferrence de kerbrook in dicto com. norff. yeoman , hugonis att●hill de eadem yeoman , johannis brom de dyngham in dicto com. norff. yeoman , henrici feyrhurst de reynham in eodem com. yeoman , & thomae collys de eysdeler , ( ) plegiorum praedictorum willielmi collys & isabella uxoris ejus in dicta balliva tua , scilicet , cujuslibet eorum fieri fac . s. quos debent , &c. de auro suo , de quodam fine l. nobiscum per quemlibet eorundem pleg . facto , pro eo quod ipsi ipsos willielmum collys & isabellam uxorem ejus coram nobis tunc non habuerunt . ita quod denar . &c. in crastino s. michaelis praefatae consorti nostrae , &c. t. &c. per quandam codicillatum de fine & amerc . fugitivorum coram rege termino paschae anno . regis nunc , &c. rex vicecomiti salutem ; de bonis & catallis , terris & tenementis johannis , rogeri , & rogeri appleton , necnon johannis adam de london . merchant , & ed. haddys de eadem gen. ( ) manucapt . praedictorum johannis , rogeri , & rogeri , in balliva tua fieri fac . l. quos debent , &c. charissimae consorti nostrae elizabethae reginae angliae de auro suo , de quodam fine l. nobiscum facto , ( ) pro custodia omnium terrarum et tenementorum cum pertinentiis quae fuerunt willielmi whetual nuper de london . defuncti , quae de nobis tenuit in capite die quo obiit , & quae pro fine post mortem ejusdem willielmi , ac ratione minoris aetatis willielmi whetual filii & haeredis praedicti willielmi patris , ad manus nostras devenerunt . ita quod denar . illos habeas , &c. in crastino purificationis beatae mariae virginis anno . praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per rotulum memorand . de anno octavo regis nunc , michaelis recorda rotulo . de bonis & catallis , terris & tenementis magistri willielmi goodyer , magistri richardi brook clerici , & johannis cornwayle gent. necnon johannis ady de oxon. in com. oxon. yeoman , & johannis potman de parochia sancti sepulchri london . yeoman , ( ) manucapt . praedictorum magistri willielmi , magistri richardi , & johanni cornwayle , in balliva tua fieri fac . s. quos debent , &c. de auro suo , de quodam fine l. tunc nobiscum facto , ( ) pro custodia omnium temporalium et possessionum domus sive monasterii beatae mariae de osney juxta oxon. in com. oxon. nuper vacantis per dimissionem magistri johannis walton ultimo abbatis ibidem . ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per rotulum memorand . de anno . regis nunc , michaelis record . rotulo . de bonis & catallis , terris & tenementis willielmi abbatis monasterii beatae mariae de jornall , & ejusdem loci conventus , in balliva tua fieri fac . l. de auro suo , de quodam fine l. nobis solut . in hanaperio nostro , ( ) pro licentia habenda , quod ipsi & successores sui praedicti ecclesiam de ayonderby withstepill in dicto com. ebor. &c. liberam capellam de westwitton in eodem com. quae de nobis non tenentur , & quae de prioratu ipsorum abbatis & conventus existunt , sibi et successoribus suis appropriatas in proprios usus tenere et habere possint sibi et successoribus suis imperpetuum ad manum mortuam . ita quod denar . &c. de crastino sancti michaelis anno . praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . de anno . regis nunc rotulo . de bonis & catallis , terris & tenementis johannis keling clerici , in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de quodam fine marc . nobis solut . in hanaperio nostro , ( ) pro licentia habenda , quod capellanis cujusdem cantariae singulis diebus in ecclesia de magna bondom in dicto com. leic. juxta ordinationem praedicti johannis , executorum vel assign . suorum in hac parte faciend . imperpetuum celebratur . & success . suis terras , tenement . & redditus cum pertinentiis ad valorem marc . per annum perquirere possint : habend . sibi & successoribus suis imperpetuum ad manum mortuam . ita quod denar . illos habeas , &c. in crastino animarum anno . praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . praedict . rotulo . de bonis & catallis , terris & tenementis christopheri ambrose in partibus florentiae oriund . in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro literis nostris patentibus de ipso christophero indigen . faciend . ita quod denar . &c. in crastino animarum anno praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per warr. praedictum , &c. ad quem diem vic. non return . brev . ideo praec . vic. villae sutht . ita , &c. in crastino sancti michaelis clausi paschae anno . de bonis & catallis , terris & tenementis johannis fortescue armigeri , & willielmi callow , necnon johannis wynter de london . gen. & johannis mortost de norwic. gen. ( ) manucapt . praedictorum johannis fortescue & willielmi callow , in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis ad recept . scaccarii nostri praemanibus solut . pro custodia johannis berney armigeri defuncti , qui quidem johannes filius infra aetatem existit , & cujus custodia ad nos pertinet , pro eo quod praedicti johannis pater de nobis ut de jure episcopatu● ecclesiae cathedralis norwic. ult . vacantis , ratione temporalium ejusdem episcopatus in manibus nostris nuper existen . vel aliàs die quo obiit tenuit per servic . militare , &c. pro maritagio ejusdem haeredis . ita quod denar . &c. in octabis sancti hillarii anno . praefatae consorti nostrae , &c. tunc ibidem solvend . t. &c. per origin . de anno regis nunc rot. . de bonis & catallis , terris & tenementis radulphi josselyn militis , necnon thomae rowland de london . gen. & thomae dunyngton de eadem gen. manucapt . praedicti radulphi in balliva tua fieri fac . s. d. quos debent , &c. de auro suo , de ( ) quodam fine marc . nobis solut , in hanaperio nostro , pro custodia omnium dominiorum , maneriorum , terrarum et tenement . quae nuper fuerunt thomae sterne defuncti , quae de nobis tenuit in capite die quo obiit ; necnon henrici sterne fratris & haeredis , aut margeriae quae fuit uxor roberti sterne , qui similiter de nobis tenuit in capite die quo obiit , & quae post mortem ipsorum thomae , henrici & margeriae , sive eorum alicujus , ac ratione minoris aetatis dicti henrici sterne , aut henrici filii & haeredis dicti henrici sterne , consanguinei & haeredis ejusdem margeriae infra aetatem , & in custodia nostra existen . ad manus nostras devenerunt , una cum maritagio ejusdem haeredis . ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. tunc ibidem solvend . per origin . praedictum rotulo praedicto . rex vicecom . salutem . praecipimus vobis , &c. quod de bonis et catallis , terris et tenementis roberti episcopi bathon . et wellen. in balliva vestra fieri fac . s. d. quos debet charissimae consorti nostrae elizabethae reginae angliae de auro suo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro brevi de con. habend . et de bonis et catallis , terris et tenementis praedicti episcopi in balliva vestra fieri fac . s. quos debet praefatae consorti nostrae , de auro suo praedicto de ( ) quodam fine l. nobis similiter solut . in hanaperio nostro , pro quatuor hujusmodi brevibus habend . ita , &c. in crastino clausi paschae anno . praefatae consorti nostrae , &c. t. &c. per orig. de anno regis nunc , rotulo . de bonis & catallis , terris et tenementis aliciae ducissae suff. johannis ducis suff. filii ejusdem ducissae , richardi flower cancellar . ducatus nostrae lancastr . & johannis broughton armigeri in balliva tua fieri fac . s. d. quos debent , &c. de auro suo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habenda , quod gardiani , fratres et sorores cujusdam fraternitatis sive gyld . perpetua de duobus gardianis ac fratribus et sororibus de parochianis parochiae de leghton bostard in com. bed. et aliis qui ex eorum donatione de eadem fraternitate sive gild. esse volunt . in ecclesia parochial . de leghton bostard praedict . perpetuis futuris temporibus duratur . juxta ordinationem praedictorum ducissae , ducis richardi & johannis in ea parte faciend . factae & stabilitae , et successor . sui terras , ten . et redditus quae de nobis tenentur in capite , ad valorem decem marcarum per annum perquirrere possint , habend . eisdem gardianis , fratribus & sororibus , ac successores suis imperpetuum ad manum mortuam , in exhibitione unius capellani divina singulis diebus in ecclesia praedicta imperpetuum celebratur . ita , quod denar . &c. in quindena sancti johannis baptistae anno . praefatae consorti nostrae , &c. t. &c. per origin . de anno . regis nunc rotulo . de bonis et catallis , terris et tenementis alexandri clifford armig. in balliva tua fieri fac . s. d. quos debet , &c. de auro suo , de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habend . quod ipse manerium de sutton valenc . cum pertinentiis in com. praedict . excepta sua acra terrae in eodem manerio vocatur chartihurchcroft , dare possint & concedere willielmo hunt militi , & ad habend . et tenend . sibi et haeredibus et assignatis suis imperpetuum ; ita quod denarios illos , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per origin . praedictum rotulo . de bonis et catallis , terris et tenementis abbatis et conventus monasterii beatae mariae de halesowen in com. praedicto in balliva tua fieri fac . l. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi terras , tenement . vel redditus , ad valorem l. per annum , ultra repris . tam de feodo proprio quam alieno adquirere possint , ad sustentationem unius capellani divina celebrantis annuatim in capella sancti kenelmi regis & martyris de kelmestowe ; ac ad reparationem ejusdem capellae ; habend . sibi et successoribus suis imperpetuum ad manum mortuam . ita quod denar . &c. in crastino sancti michaelis anno . praefatae consorti . t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis richardi quatermayns , johannis leynton , johannis bennet et richardi fowler in balliva tua fieri fac . s. quos debent , &c. de auro suo de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi seu eorum aliquis manerium de wilbram cum pertinentiis in com. cant. dare possint et concedere thomae palmer capellano ecclesiae sive capellae sancti michaelis , * gloriosae et sanctae thomae martyris , per ipsos brianum et johannem creatae et stabilitae celebratur . terras , ten . reddit . servitia , et possessiones cum pertinentiis ad valorem annuum l. ultra repris . habend . sibi et successoribus suis ad manum mortuam imperpetuum . ita quod denar . &c. in crastino , &c. teste , &c. per warrantum praedictum rotulo praedicto . de bonis et catallis , terris et tenementis johannis burre militis in balliva tua fieri fac . s. quos debet , &c. de auro suo , pro ( ) quodam fine l. s. nobis solut . in hanaperio nostro pro licene . habend . quod ipse terras , ten . et reddit . ad valorem l. per annum ultra repris . dare possit et concedere cuidam capellano cujusdam cantariae perpetuae divina singulis diebus in ecclesia paroch . beatae mariae de selingre in dicto com. hereford . ad altare sanctae annae in eadem ecclesia celebratur . et successoribus suis ibi ad manum mortuant : ita quod denar . &c. ita , &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis nathanielis draper capell . & richardi galbred capell . in balliva tua fieri fac . s. d. quos debent , &c. de avro svo , de ( ) quodam fine l. s. d. nobis solut . in hanaperio nostro pro brebi de conc. habend . ita quod denar . &c. ita , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per orig. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis richardi frewyn et johannis comber in balliva tua fieri fac . l. s. d. quos debet , &c. de avro svo de ( ) quodam fine marc . nobis in manibus solut . pro custodia omnium temporal . episcopatus hereford . quae ad manus nostras per mortem johannis stanbury ultimi episcopi loci praedicti debenerunt . ita quod in octabis sanctae trinitatis anno . praefatae consorti nostrae , &c. t. &c. per rotulum memorand . de anno . regis nunc hillar . record . rotulo tercio ex parte remem . regis . de bonis et catallis , terris et tenementis quae fuerunt richardi knightly & elizabeth . uxoris suae nuper de fallesley defunct . in balliva tua fieri fac . s . quos debent , &c. de avro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licenc . habenda , quod ipse maner . de fallesley et vpton , ac hundredum de newbottle grave cum suis pertinentiis in com. northt . quae de nobis tenentur in capite dare possint et concedere thomae billings militi & aliis , tenend . sibi haeredibus & assignatis suis de nobis et haeredibus nostris per servicia inde prius debita et consueta imperpetuum . ita , &c. in crastino sancti michaelis anno . praefatae consorti nostrae , &c. t. &c. per orig. de anno regis nunc rotulo . de bonis et catallis , terris et tenementis venerabilis in christo patris jacobi episcopi ( norwici ) in balliva tua fieri fac . s. quas debet , &c. de avro svo de ( ) quodam fine l. nobis solut . in hanaperio nostro pro confirmatione quarundam cartarum et literarum pa●entium diversorum progenitorum nostrorum quondam regum angliae , de diversis concessionibus et confirmationibus quondam episcopis loci praedicti praedecessoribus praedict . nunc episcopi et successoribus suis nuper confectorum habend . ita quod denar . &c. ad diem praedictum praefatae consorti , &c. t. &c. per warr. praedictum in rotulo praedicto . de bonis et catallis , terris et tenementis magistri et sociorum aulae sanctae katherinae virginis infra universitatem cantabrig . in balliva tua fieri fac . s. d. quos debent , &c. de avro svo de ( ) quodam fine l. s. d. nobis solut . in hanaperio nostro pro confirmatione fundationis aulae praedictae , de uno magistro & tribus sociis sive pluribus infra aulam illam perpetuis temporibus futur . commorant . in philosophia , et theologia condientibus , juxta ordinationem roberti woodlark clerici in sacra theologia professoris fundatae et ordinatae habend . et pro licentia habend . quod praedicti magistri et socii et successores sui terras et ten . quae de nobis tenentur in capite , ad valorem marcarum per annum perquirere possint , tenend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomiti salutem . de bonis et catallis , &c. reverendi in christo patris willielmi episcopi elyen . johannis warworth clerici , willielmi townsend clerici , galfridi spring armigeri , & johannis brewode in balliva tua fieri fac . s. quos debent charissimae consorti nostrae elizabethae regina angliae de avro svo , de ( ) quodam fine l. solut . in hanaperio nostro pro licentia habenda , quod ipsi , quinque , quatuor , tres , vel duo eorum qui supervixerint cuidam fraternitati sive gildae perpetuae , de uno aldermanno et duo bus decanis ac personis ecclesiasticis sive secularibus , ac aliis personis utriusque sexus quibuscunque de fraternitate sive gilda illa esse affectantibus fratribus et sororibus ejusdem fraternitatis sive gildae admiss . sive de caetero admittend . in ecclesia parochiali sancti leonardi abbatis de donham in insula de ely in dicto com. si facta et stabilita fuerit , terras , ten . reddit . annuitates , & possessiones quaecunque quae de nobis non tenentur in capite usque ad valorem marc . per annum adquirere valeant , habend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar . illos habeas , &c. in crastino sancti michaelis anno . consorti nostrae , seu ejus in hac partae ( ) receptori tunc ibidem solvend . t. &c. per origin . de anno regis nunc rotulo praedicto . de bonis et catallis , &c. willielmi york ante ipsius defunct . et de bonis et catallis , terris et tenementis executorum testamenti dicti willielmi et administratorum bonorum et catallorum ejusdem willielmi haered . et tenentium , terrarum et ten . quae sua fuerunt in balliva tua fieri fac . s. d. quos debent , &c. de avro svo , de ( ) quodam fine l. s. nobis solut . in hanaperio nostro , pro licentia habenda , quod cum quaedam cantaria perpetua de uno capellano perpetuo divina in honore sanctae et individuae trinitatis ad altare beatae mariae virginis infra ecclesiam sanctae crucis in villa & parochia de ramsbury , sarum dioc. juxta ordinationem praedicti willielmi aut executorum suorum imperpetuum celebratur . fact . fundat . et stabilit . fuit , quod capellanus cantariae illius et successores sui capell . ejusdem cantariae terras et ten . quae de nobis non tenentur in capite , usque ad valorem l. per annum , tenend . sibi et successoribs suis in eorum sustentationem imperpetuum perquirere possint ad manum mortuam ; ita quod denar . illos , &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomiti salutem . de bonis , & catallis , &c. johannis poulet armigeri in balliva tua fieri fac . s . quos debet charissimae consorti nostrae elizabeth . reginae angliae de avro svo , de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licencia habend . quod ipse honor. dominium sive manerium de basing cum suis membris et pertinentiis in com. praedicto , quod de nobis tenetur in capite dare possit et concedere henrico roos militi , ac al. habend . et tenend . sibi haeredibus et assignatis suis de nobis et haeredibus nostris per servitia inde debita & consueta . ita quod denar . illos , &c. in crastino sancti michaelis anno praefatae consorti nostrae , &c. t. &c. de anno regis nunc rotulo . de bonis et catallis , &c. thomae fitz william junior . in balliva tua fieri fac . s. quos debet , &c. de avro svo , de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licentia habenda , quod cum quaedam cantaria perpetua de duobus capellanis divina singulis diebus ad altare beatae mariae in ecclesia parochiali sancti wilfrid de alford . in com. praedicto juxta ordinationem dicti thomae , haeredum vel executorum suorum in hac parte faciend . imperpetuum celebratur . fact . stabilit . fuerit . quod capellani cantariae praedictae et successores sui capellae ejusdem cantariae , terras et ten . cum pertinentiis , ad valorem l. per annum ultra repris . quae de nobis in capite immediatè non tenentur , adquirere possint ; habend . ●ibi et successoribus suis in sustentationem suam imperpetuum ad manum mortuam : ita quod denar ▪ &c. ad diem praedictum praefatae consortae nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . de bonis et catallis , &c. johannis newburgh sen . armigeri , nicholai kenner , johannis newton , & thomae huste , executorum testamenti magistri gilberti kennor nuper decani ecclesiae cathedralis beatae mariae sarum in com. wiltes in balliva tua fieri fac . l. s. quos debent , &c. de avro svo , de ( ) quodam fine l. nobis solut . in hanaperio nostro pro licentia habenda , quod ipsi cum quaedam cantaria perpetua de uno capellano perpetuo divina singulis diebus in dicta ecclesia beatae mariae sarum ad altare sanctarum reliquiarum , ubi corpus dicti gilberti humatum existit , juxta ordinationem executorum praedictorum in hac parte faciend . imperpetuum celebratur . facta , stabilita fuerit , praefat . capellan . cantariae praedictae dare possint et concedere manerium de westhawe cum pertinentiis in dicto com. wiltes . habend . sibi et successoribus suis capellanis cantariae illius imperpetuum ad manum mortuam ; ita quod denar . &c. ad diem praedictum praefatae consorti nostrae , &c. t. &c. per orig. rotulo . de bonis et catallis , &c. magistri richardi andrew decani ecclesiae cathedral . beati petri eborum , johannis pakenham clerici , willielmi poteman clerici , johannis gyburgh clerici , et richardi pigott unius servient . nostrorum , michaelis de magna ricot in com. oxon , habend . sibi et successoribus suis capellanis ecclesiae sive capellae illius imperpetuum ad manum mortuam ; ita quod denar . &c. in crastino sancti michaelis dicto anno praefatae consorti , &c. teste , &c. per warr. praedictum rotulo praedicto . de bonis et catallis , terris et tenementis decani et capituli ecclesiae cathedralis beatae mariae sarum in com. praedicto , in dicta balliva tua fieri fac . s. d. quos debent , &c. de avro svo de ( ) quodam fine marc . nobis solut . in hanaperio nostro pro licentia habend . quod ipsi liberam capellam suam infra maner . de sumer . in com. praedicto scituat . sibi et successoribus suis ac ecclesiae praedictae appropriare valeant , et eandem capellam sic appropriat . tenere possint sibi et successoribus suis in proprios usus imperpetuum ad manum mortuam ; ita quod denar . &c. in octabis sancti michaelis dicto anno . praefatae consorti nostrae , &c. t. &c. per warr. praedictum rotulo praedicto . rex vicecomit . salutem . de bonis et catallis , terris et tenementis roberti booth et matildae uxoris ejus in balliva tua fieri fac . s. d. quas debent charissimae consorti nostrae elizabethae reginae angliae , de avro svo de ( ) quodam fine marc . nobis solut . in hanaperio nostro , pro licentia habend ▪ quod quidem capellanus cujusdam cantariae perpetuus divina singulis diebus ad altare beatae mariae in capell . de stretton in dicto com. bedf. juxta ordinationem praedictorum roberti & matildae in ea parte faciend . et success . suis imperpetuum celebratur . terras seu reddit . et annuitates cum pertinentiis ad valorem . marc . per annum ultra repris . perquirere possit ; habend . sibi et successoribus suis imperpetuum ad manum mortuam ; ita quod denar . &c. in crastino sancti michaelis anno . praefatae consorti nostrae , &c. t. &c. per origin . de anno regis nunc rotulo . de bonis & catallis , terris & tenementis mauritii berkley militis , johannis parre militis , & thomae sellenger armigeri , necnon henrici more , hugonis crikland , vicarii perpetui ecclesiae parochial . sancti laurentii de aulton in com. south . johannis swychener , willielmi hacker , roberti bayly , richardi wise , johannis pigott , roberti plecy , & roberti mayo , in balliva tua fieri fac . s. quos debent , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi terras , tenement . reddit . & alias possessiones ad valorem l. per annum ultra repris . dare possint & assignare cuidam capellan . cujusdam cantariae perpetuo divina singulis diebus in quadam capella nuper per quendam johannem champflour in ecclesia de aula praedicta construct . habend . sibi & successoribus suis capellanis ibidem imperpetuum ad manum mortuam . ita quod denar . &c. in crastino sancti michaelis praefatae consorti , &c. t. &c. per warrantum praedictum , rotulo praedicto . de bonis & catallis , terris & tenementis georgii darell militis , in balliva tua fieri fac . s. quos debet , &c. de auro suo , de ( ) quodam fine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipse manerium de ficelton cum pertinentiis in dicto com. wiltes . & manerium de balston cum pertinentiis in com. berk. dare possit & concedere charissimo consanguineo nostro thomae cardinal . archiepiscopo cantuar. & aliis ; habend . sibi , haered . & assign . suis imperpetuum . ita quod denar . illos habeas , &c. in crastino sancti michaelis praefatae consorti nostrae , &c. t. &c. per origin . praedict . rotulo . de bonis & catallis , terris & tenementis briani roucliff , tertii baronis de scaccario nostro , & johannis marshall civis & mercer london . in balliva tua fieri fac . l. quos debent , &c. de auro suo , de ( ) quodam sine l. nobis solut . in hanaperio nostro , pro licentia habend . quod ipsi & quaelibet altera persona , seu eorum aliquis dare possit & possint concedere capellano beatae virginis mariae in ecclesia parochiali de warr. in com. hertford . in honorem ejusdem virginis gloriosae . it is observed by some , that johannis icham fuit attornatus generalis & clericus ad brevia pro elizabetha regina angliae , hil. regis e. . rot . . rem . regis . et signavit brevia de auro reginae , an. e. . sed hoc fecit ut clericus brevium reginae , et non ut attornatus generalis : thomas stydolfe qui fuit receptor generalis ejusdem reginae , signavit omnia brevia de auro de an. & e. . et tamen fuit aliquis alius attornatus . unde quaere . i have recited these writs concerning queen-gold in the reign of king edward the th at large ( the transcripts whereof were delivered to mr. herbert when the now queen mothers attorney , which i could not compare with the originals out of which they were transcribed ) upon several accounts . . because the files and bundles wherein these writs were extant , are very numerous , digested into no order , seldome looked into , and most of them either lost , or mislayed , so as i cannot yet finde any of them . ly . because they particularly inform us of the original authors , founders , and foundations of sundry chantries , appropriations , colledges , corporations , of the honors , pedegrees , wardships , purchases , tenures in capite of sundry of the nobility and gentry of england . ly . because they more fully evidence and expresse the particular fines for which queen-gold was demanded and levyed in this kings reign , and in what proportion , and from whose and what goods , chattels , lands and tenements , then any others in his predecessors reigns , except those of king edward the . and . i read in the chronicle of * fabian printed at london by john kyngston an. . as likewise in holinshed and stow ; that anno . ( the seventh of king edward the th his reign ) sir thomas cooke late mayor of london was peached of treason by a servant of the lord wenlocks called hawkins , ( for refusing to lend marks upon good surety to queen margaret ) arrested and sent to the tower , and his goods seised by the lord rivers then treasurer of england . after the said sir thomas had lyen a time in the tower , he was brought unto the guildhall and there arraigned of the said treason , and quit by sundry enquestes . finally , after many persecutions and losses , he was compelled as for a fine set upon him for offence of misprision , to pay unto the king eight thousand pounds . and after he had thus agreed , and was at large , he was then in new trouble against the queen : the which demanded of him as her right for every thousand pound payd unto the king by way of fine , an hundred marks , ( it should be pounds ) for which he had after long suit and great charge ; and in conclusion , was fayne to agrée , and to give her a great pleasure , besides many good gifts that he gave to her counsel ; or as raphael holinshed , grafton , and john stow storie ; he could not be delivered out of prison , till he had payed eight thousand pounds to the king , and eight hundred pounds to the quéen ( to wit , for her queen gold , due out of his fine . ) i shall cloze up the records of this kings reign with a memorable action brought by elizabeth his queen consort against a sheriff who detained her gold he had levyed , in the office of the clerk of the pleas , which i transcribed out of the plea rolls with my own hand . placita coram baronibus apud westm . de termino s. trinitatis , anno regis edwardi quarti post conquestum vicesimo , rot. . dorso . elizabetha regina angliae consors domini regis , venit coram baronibus hujus scaccarii sexto die julii hoc anno , per robertum calcote attornatum suum , & queritur per billam versus robertum radclyffe armig. nuper vic. com. norff. & suff. hîc in curia eodem die , super compoto suo de officio suo praedicto hîc ad hoc scaccarium reddendo per thomam aldehouse attornatam suam , de eo quod praedict . nuper vic. ei debet & injustè detinet quatuor libras , decem et novem solidos argenti , & pro eo injustè ; quod cum dominus rex nunc . die februarii , anno regni sui decimo septimo mandasset quoddam breve suum fieri fac . extra hoc scaccario suo vic. norff. & suff. tunc existenti direct . per quod quidem breve eidem vic. praeceptum fuit , quod non omitteret propter aliquam libertatem quin eam ingrederetur , & de bonis & catallis , terris & tenementis gilberti debenham armig. in balliva sua fieri faceret viginti et tres marcas , parcellam viginti et sex marcarum quas dictus gilbertus debebat praefatae reginae , per nomen carissimae consortis ipsius domini regis elizabethae reginae angliae , de avro svo , de quodam ( ) fine ducentarum sexaginta marcarum dicto dom. regi solut . pro dominio et manerio de catyngston cum pertinentiis in catyngston , holbrooke , wolmerston , fryston , & alibi infra hundredum de staunford in dicto com. suff. praefato gilberto , & haeredibus de corpore suo excuntibus per dictum dom. regem nuper concess . et quod denarios illos haberet ad scacc. dicti dom. regis apud westm . crastino claus . paschae , anno regni ejusdem regis decimo octavo praefatae reginae , seu ( ) ejus in ea parte receptori ibidem tunc solvend . prout in eodem brevi pletus continetur : quod quidem breve deliberatum fuit sextodecimo die februarii dicto anno . apud villam westm . in com. midd. praefato nuper vic. jam defend . tunc vic. dict . com. norff. & suff. per manus roberto calcote tunc servienti praedictae reginae ; virtute cujus quidem brevis praedict . jam def. tunc vic. dict . com. norff. & suff. vicesimo die martii dicto anno . apud gippewicum in praedict . com. suff. fieri fecit & levavit de bonis catallis praedicti gilberti ad triginta et quinque solidorum de l. s. praedict . prout ipse nuper vic. jam defend . super brevi illo coram praefatis baronibus apud westm . ad crastinum clausi paschae praedicti returnavit , prout hic in hoc scaccario liquet de recordo . ac cum dictus dom. rex quinto die maii dicto anno . mandasset quoddam aliud breve de fieri fac . extra hoc scac. praefato nuper vic. jam defend . tunc vic. dicti com. norff. & suff. existent . direct . per quod quidam breve eidem vic. praeceptum fuit , quod non omittat propter aliquam libertatem quin eam ingrederetur , & de bonis & catallis , terris & tenementis praedicti gilberti in dicta balliva sua fieri faceret l . s . d . de remanencia marc . quas debebat praefatae reginae de avro svo de quodam ( ) fine marc . dicto domino regi solut . pro dominio & manrrio de catyngston , &c. ( ut supra . ) et quod denarios illos haberet ad scac. dicti dom. regis apud westm . in crastino sancti michaelis dicto anno . praefatae reginae , seu ( ) ejus in ea parte receptori ibidem tunc solvend . prout in eodem brevi plenius continetur ; quod quidem breve deliberatum fuit sextodecimo die julii dicto anno . apud villam westm . praedict . praefato jam defendenti tunc vic. dict . com. norff. & suff. existenti per manus praedicti roberti calcote , virtute cujus quidem brevis dictus jam defendens tunc vic. dict . com. norff. & suff. die septembr . dicto anno apud gippewicum praedict . fieri fecit et levavit de bonis et catallis praedicti gilberti ad valenciam solidorum , resid . de . l. s. praedict . prout ipse jam defend . super brevi illo coram praefatis baronibus apud westm . ad crastinum sancti michaelis returnavit , prout hic in hoc scaccario liquet de recordo . quae quidem summae per dictum jam defend . sic levatae in toto se attingunt ad dict . l. s. et licet praefata regina post levationem & return . brevium praedictorum sic factorum saepius requisivit praefat . jam defend . ad ei solvend . dict . l. s. jam in demanda , ipse tamen jam defend . l. s. illos , sive aliquam inde parcellam praefatae reginae nondum solvit , sed hoc facere contradixit , ad dampnum praefatae reginae centum solidorum . et hoc offert , &c. et praedictus robertus radclyff per praedictum attornatum suum praesens , &c. petit auditum billae praedictae , et ei legitur , &c. qua audita , per praedictum attornatum nichil dicit in barram et exclusionem dict . actionis praefatae reginae . et super hoc eadem regina ex quo supradict . nuper vic. nichil dicit in barram et exclusionem , dictus attornatus praedict . reginae petit judicium suum in praemissis et debitum suum praedictum , una cum dampnis suis praedictis sibi in hac parte adjudicari , &c. super quo , visis praemissis per barones praedictos , habitaque inde deliberatione pleniori inter eosdem , consideratum est per eosdem barones , quod praedicta regina recuperet versus praefat . nuper vic. debitum suum praedict . quatuor librarum , et decem et nobem solidorum praedict . et dampna sua praedicta , tam occasione injustae detentionis debiti illius , quam pro misis , custagiis et expensis suis circa sectam suam praedictam in hac parte appositarum , taxata per eosdem barones ad tresdecem solidos et quatuor denarios . quae quidem summae in toto se attingunt ad summam quinque librarum , duodecim solidorum , et quatuor denariorum , & quod praedictus nuper vic. sit in misericordia domini regis , &c. from this record , and the precedent writs of king edward the fourth , i shall observe ; . that queen-gold was payd for every fine and oblation amounting to marks and upwards , after the rate and proportion of one mark to the queen for every marks due or payd to the king ; and that all the goods and chattels of the parties who made the fines , in their own hands , or in their executors or administrators , and all their lands and tenements at the time of the fine , or after into whose hands soever they came , were liable , and extended to satisfie this duty to the queen . ly . that the goods , chattels , lands and tenements of the pledges for the fine , were liable to , and extended for queen-gold , as well as the parties who made the fine ; and that it was levyed by special writs directed to sheriffs , who were to levy , and be accountable to the queen for the monies levyed by them for this duty , and obliged to satisfie them before they departed out of court , in the selfsame manner as they were to levy , account for , satisfie the kings own debts , and were liable to actions and dammages to the queen , if they detained her gold when levyed . ly . that aurum reginae was due to the queen for fines for licenses to alien lands held of the king in capite to other persons ; for licenses to alien lands in mortmain to chantries , gilds , fraternities , and other corporations civil or ecclesiastical ; for appropriations of churches or chappels ; for fines for alienating lands in capite or mortmain without license ; for the custody of the bodies , lands , and mariages of wards ; for fines for grants and confirmations of antient kings charters of lands or liberties granted to monasteries , bishops , deans , chapters , other corporations , and to particular persons ; for fines for indenizations of aliens , custodies of the temporalties of abbyes and bishopricks during their vacancies ; for marying the kings wards or widdowes without his precedent license : for fines for not receiving the order of knighthood upon writs of summons , for fines or compositions for all sorts of trespasses , of jurymen attainted for false verdicts , and breaches of the peace ; for fines for original writs , as of assise and novel disseisin , writs of concord or covenant to levy fines or suffer common recoveries of manors , lands , tenements conveyed to others ; in which last sort of writs it is observable , that where several writs of concord and covenant were sued forth for divers mannors , lands or tenements lying in several parishes or counties , whereof one fine or recovery only was to be levyed or suffered , though the fine for every of these writs severally considered amounted not to ten marks ; yet if they all conjoyned did arise to the sum of ten marks or upwards , aurum reginae was paid for them all conjunctively ; either because they amounted but to one concord , or because one fine only was imposed on them all in the fine office ; wherein they differ from the fines of all other writs . ly . that the extracts of fines for trespasses , offences , misdemeanors of all sorts , writs of assise , concord and covenant , transmitted by the kings justices out of his other courts into the exchequer , and fines in the court of exchequer , being records , were a sufficient charge and warrant to the queens clerks , officers , and barons of the exchequer to issue forth writs of fieri facias and extents to sheriffs to levy the queens gold arising out of them , according to the proportion of one mark for every ten marks due to the king , and did bind the goods , chattels , lands and tenements of the parties and their sureties towards the payment thereof , from the time the fines were first made and recorded . before i proceed to the reigns of our succeeding kings , i thought fit to present you with some antiquities and records concerning this duty of aurum reginae in the reigns of henry the . edward the , & . richard . and henry the . according to their antiquities , omitted in their proper chronological series in the premised printed sheets , because lately discovered , ( upon my further search of records and antiquities at westminster ) since the first sheets were committed to the presse . jocelinus de brakelande , a monk of the abbey of st. edmunds bury in suffolke , flourishing in the reign of king john , ( qui res gestas sui coenobii libro accuratè scripto perstrinxerit , as * johannes balaeus records in his life , ) in his chronicon coenobii sancti edmundi buriensis , ( the manuscript whereof i perused in † sir john cottons library ) hath this memorable passage concerning a golden cup of the value of marks , given to queen alianor wife of king henry the . by the abbot in lieu of her queen-gold , due by the custome of the realm , for a fine of marks given to king henry for the manor of mindenhale ; which she restored to the monastery ; and afterwards redeemed for marks , when pawned by the monastery towards the redemption of king richard the . and bestowed it on them again for the soul of king henry her husband , upon condition never to alienate it : upon which account king richard the . refused to take , and demanded , received marks for the new grant of this his manor to that monastery . his own words i transcribed out of cap. . are these . * abbas optulit regi rich. ( . ) quingentas marcas pro manerio de mindenhale , dicens illud manerium libr. & . & pro tanto esse collatum in magna rolla de wincestre . cum it a spem voti sui concepisset , cepit res dilationem usque in crastinum . interim venit aliquis , dicens regi , manerium illud tantum valere in libris . in crastino ergo abbate petitioni suae instanti , dixit rex , nichil est domine abbas quod queris ; vel mille marc as dabis , vel manerium non habebis . cum a regina alienora secundū ( ) consuetudinem regni debet accipere ( ) c. marcas ubi rex cepit mille ; accepit a nobis calicem magnum aureum in precium c. marcarum , et eundem calicem nobis reddidit pro anima domini sui regis henrici , qui eum primò dederat sancto e●dmundo . alia quoque vice cum thesaurus ecclesiae nostrae portaretur londonias ad redemptionem regis richardi , eadem regina eundem calicem adquietavit pro c. marcis , et nobis tradidit , accipiens cartam nostr●m a nobis in testimonium promissionis nostrae factae in verbo veritatis , quod calicem illum nunquam ab ecclesia nostra alienabimus . cum persoluta autem esset tanta pecunia cum magna difficultate adquisita , &c. charta regis postea confirmatum est manerium . which both confirms and illustrates the premised * passage of gervaesius tilberiensis , writing in that age ; that by the ancient custom of the realm constantly used both before , and during the reign of king henry the d . aurum reginae was due to the queen consort after the proportion of . marks for every marks fine to the king ; and so in proportion for lesser fines , of , or exceeding the summe of marks . which is further ratified by this note i lately met with tempore henrici secundi , among mr. attorney herberts collections of queen-gold . haec sunt sumptus & custument . quae ego richardus austyn posui in terra avunculi ●ei perquirenda . haec sunt dona quae dedi , &c. regi centum marcas , et reginae ( ) unam marcam auri. johannis . in magno rotulo anno johannis regis , in offic. pipae , somerset & dorset dorso , tit. aurum reginae , odo de waudeshe reddit compotum de s. pro eodem . in thesaur . marc . & debet d. id. red . compot . de eodem debito . idem vic. red . comp. de s. d. de exitu terrae willielmi reuell for this duty . in magno rotulo de anno regis johannis ; hugo hose debet marc . & . palfr . pro habendo manerio suo de pencriz , cum pertinentiis suis , quod fuit walteri hosati patris sui . in magno rotulo de anno regis johannis ; hugo hose debet marc . et . palfr . pro habendo manerio suo de pencriz , sicut continetur de an. . sed non debet summoneri , quia per breve regio attornatus est de toto , licet debet de avro reginae ad justiciarios hiberniae , & quietus est . which proves , that queen-gold was then paid for fines of lands in ireland to the chief justice there for the queens use . in magno rotulo anno johannis regis in offic. pipae , in compoto vic. warr. & leic. robertus harecourt debet marc . de auro , pro se & patre suo williliemo harecourt . in the reign of king henry the d. i have met with these additional records concerning queen-gold , cited by mr. hackwill . rex eisdem baronibus ; sciatis , quod concessimus dilecto & fideli nostro rogero de bohun comiti essex & hereford , quod de auro quod ab eo exigitur ad opus reginae nostrae , tam pro fine relevii sui , quam pro aliis , medietatem inde reddat ad scacearium sancti michaelis , et aliam medietatem ad scac. sancti , &c. which i cannot find in the roll of this year , which he cites to prove , that sometimes the king did install or prolong the payment of his queens gold , ( most likely by her consent ) though he could not pardon or hinder its levying without her voluntary assent ; but she could release or pardon it without the king , for which he cites this record , the roll whereof is now lost or mislayd , so as i cannot finde it . a. regina pardonavit edwardo lucye marcas , in quibus praedictus edwardus tenetur eidem reginae pro auro suo , de ( ) quodam fine facto cum domino rege . an. h. . upon the great † premised differences and tumults that arose between queen alianor and the citizens of london before king henry the d. and his counsil , an. h. . about her aurum reginae ; the queen at last by the mediation of friends , for a summe of money released to them her duty of quéengold during her life , saving the right of her successors by this patent , recorded in a manuscript in * sir john cottons library at westminster . elienora dei gratia regina angliae , &c. omnibus christi fidelibus ad quos praesens scriptum pervenerit , salutem in domino sempiternam . noverit universitas vestra , quod cum inter nos & cives nostros london super petitionibus auri nostri quod nobis communiter debetur pro ( ) finibus factis domino nostro regi , quaestio fuisset exorta , et aliquandiu coram domino rege et consilio suo agitara ; tandem ad instanciam dilecti nobis in christo patris adae de marisco , & quorundam aliorum nobis in christo dilectorum ; nos de voluntate ac speciali-gratia nostra a dicta petitione auri nostri de finibus factis vel faciendis pro tota communitate eorundem civium london toto tempore vitae nostrae ( salvo imposterum jure cujustibet ) supersedemus . pro hac autem concessione et remissione petitionis supradictae , satisfecerunt nobis praedicti cives in forma quam duximus acceptandam . in cujus rei testimonium praesens scriptum sigilli nostri impressione corroboravimus . da● . apud windesby die decembris , anno regni regis henrici domini nostri . in the reign of king edward the . i met with these additional records themselves concerning queen-gold . cum gilb●rtus de clare comes gloucestriae & hereford teneatur eleanorae reginae angliae in centum libris sterlingorum ( to wit , for her aurum reginae , though not expressed ) define mille librarum quam idem comes fecit cum domino h. rege , pro seisina terrarum suarum post mortem patris sui habenda , ut dicitur . rex mandavit baronibus , quod eidem reginae s●nt consulentes et aurxiliantes ad dictas centum libras ad citius quod fieri potuit recuperandas prout justum fuerit . placita coram baronibus in scac. de termino sancti michaelis anno e. . incipiente . rot. . dors . in offic. clerici plac. simon de creye , & antonius bek , rogerus de northwode , & johannes de cobeham attachiati fuerunt ad respondendum a. reginae consorti regis de debito quater viginti librarum & dimid . marc . quas praedict . simon de creye debet elve filio magistri mosse abrahae filio ejus , & anterae quae fuit uxor vives filii magistri mosse judaeis , qui debitum praedictum concesserunt & assignarunt praefatae reginae pro auro suo quod et debuerunt . et unde walterus de kancia ( ) custos auri , et attornatus praedictae reginae , petit , quod praedictus simon tanquam praedicti debiti , & praefati antonius , rogerus & johannes tanquam tenentes quandam partem terrarum ejusdem simonis quae fuit vadium pro praedicto debito , respondeant & satisfaciant de eodem . et praedictus simon & alii venerunt . et idem simon cognovit , quod debet & vult respondere ad dictam demandam pro praedictis antonio , rogero & johanne , eo quod habent ex dimissione sua id quod tenent de terris & ten . praedictis , & quod tenetur eis de debito praedicto acquietare . ideo consideratum est , quod idem simon ipsos inde acquietet & respondeat de debito praedicto . et quo ad debitum illud dicit idem simon , quod dedicere non potest , quin in debito illo teneatur . et postea dictus walterus attornatus praedictae reginae concessit eidem simoni diem usque ad octab. sancti hillarii , ut interim ad dictam reginam accedat , ad tractandum cum ea de debito praedicto . et tunc sit hîc facturus ulterius quod justum fuerit . et salvae sunt dictis tenentibus dictarum terrarum responsiones & rationes suae quae sibi vacare poterunt & de jure debebunt ad posterum , si fortè contingat dictum simonem ad satisfactionem debiti praedicti non posse sufficere . abbas de monte caniso de edwardeston attach . fuit ad respondend . abbati de sancta ositha de marcis , quas ei debet , &c. in partem solutionis debitor . quae idem abbas debet a. reginae consorti regis de auro suo , & aliis debitis suis , &c. the plea between the abbots is very large , for this debt between them , due to the queen for her aurum reginae , which i pretermit . mandatum est thes . & baronibus de scaccario , quod transcriptum omnium finium et amerciamentorum factorum coram justic . ultimo itinerantibus ad placita forestae de nova foresta waltero de kancia custodi auri alianorae reginae angliae consortis regis liberari faciant : ita quod idem walterus fines et amerciamenta illa juxta tenorem finium et amerciamentorum , et prout secundum legem et consuetudinem scaccarii praedicti fuerit faciendum le vari , et dictae reginae habere faciat de dono regis . t. r. apud westm . die junii . by which record it is apparent , that the queen had all these fines and amercements belonging to the king , imposed by his justices itinerant on offenders within the new forest , by his special grant , to be received and levyed by the keeper of her gold in the exchequer , to the end she might the better receive her duty of queen-gold arising out of them by her own inherent right and prerogative , as well as the fines thus granted to her , which grant extinguished not her right to the queen-gold accruing from them . in the plea rolls of trinity terme , anno e. . in the tower of london , i found this memorable action upon the statute of h. . ( the first i have observed of that kind ) for taking a distresse of the plough beasts of the prior of st. john of jerusalem for aurum reginae . thomas le templer , & rogerus harding de kyngeston attachiati fuerunt ad respondendum priori hospitalis sancti johannis jerosolymitan . in anglia de placito , quare cum ad communem utilitatem regni regis rex statuit , * quod nullus distringatur per averia carucarum suarum vel per oves suas pro debito regis vel alieno , aut alia quacunque occasione per ballivos regis seu aliorum , quamdiu alia habeant averia per quae rationabilis districtio super ipsum fieri possit pro debitis illis levandis , exceptis duntaxat averiis illis quae ad dampnum alicujus inventa secundum legem & consuetudinem regni regis imparcari contigerit : praedicti thomas & rogerus averia ipsius prioris de carucata sua apud taleworth , contra formam statuti praedicti , ceperunt & imparcaverunt , & adhuc imparcata detinent , contra legem & consuetudinem regni regis , & contra pacem , &c. et unde queritur , quod praedicti thomas & alii die veneris ante dominicam in ramis palmarum anno regni regis nunc septimodecimo , ceperunt sex boves ipsius prioris de carucata sua , & illos fugaverit usque ad villam de kyngeston , & illos ibidem detinuerit contra vadia & plegios quousque deliberata fuerunt per praeceptum regis : unde dicit , quod deterioratus est & dampnum habuit ad valentiam quadraginta solidorum . et inde producit sectam , &c. et thomas & rogerus per attornatum suum ven . & defendunt vim & injuriam quando , &c. et dicunt , quod ipsi sunt ballivi de kyngeston ; et quod vic. surr. habuit breve domini regis sibi directum , de levando de bonis et catallis praedicti prioris quadraginta solidos , ad opus dominae reginae matris regis de auro suo ; & mandavit eis returnum brevis praedicti quod illud exequerentur : qui ad mandatum suum adierunt taleworth , & tantum ibidem invenerunt duodecim boves praed● cti prioris , quorum inde ceperunt praedictos sex pro praedicto debito ad opus praedictae reginae . et quod nulla alia averia ibidem invenerint nisi praedictos boves , petunt quod inquiratur , &c. et prior dicit , quod praedicti thomas & rogerus potuerunt invenisse in praedicta villa de taleworth alia averia & bona ipsius prioris , videlicet vaccas & porcos , & blada in grangia ad valentiam viginti marcarum . et de hoc ponit se super patriam . et thomas & rogerus similiter . et quia idem thomas & rogerus sunt ball● vi praedictae villae de kyngeston , & praedicta villa de taleworth est infra libertatem ejusdem , praeceptum est vic. quod venire saciat hîc in crastino animarum , nisi justic . ad assisas capiend . assignati prius , &c. . forinsecos de com. praedicto qui non sint de libertate praedicta , per quos , &c. et qui nec , &c. ad recognoscendum , &c. quia tam , &c. johannes de godesley ( ) custos auri reginae venit coram baronibus & cognovit se recepisse ad opus dominae reginae centum marcas , de abbate & conventu de burgo sancti petri , pro auro ipsius reginae , de ( ) quodam fine mille marc . quem prior & conventus ejusdem loci tempore vacationis ejusdem abbathiae fecerunt cum rege , pro custodia inde habenda tempore ultimae vacationis . et l. pro auro dominae reginae de quodam fine l. quem abbas ejusoem domus fecit cum rege ( ) de servitio suo regi debito in exercitu regis scotiae . * beatricia relicta roberti de wakefield , dedit waltero de meynell certas terras quas habuit nomine dotis suae ; & ad conventionem in hac parte observandam , obligavit ad poenam decem librarum ad aurum dominae reginae , si contra conventionem suam praedictam pervenerit . the reign of king edward the d. as it hath furnished us with many forecited records and writs concerning queen-gold , so upon my subsequent search and inquiry , i have found and met with more of that nature , some of them taken out of the collections of others , where the writs and records themselves are now lost or mislaid , ( as most files of writs and plea rolls during his and some of his predecessors and successors reigns are in the office of pleas , for want of a convenient room and treasury to preserve them in ) and the others out of the original rolls & records now extant , from which i transcribed them . mr. william hakewil in his treatise of queen-gold , and mr. attorney herberts collections inform us , that the total summe of all particulars demanded by the queen for this debt of aurum reginae , in the file of writs of one term , ( to wit hillary anno e. . ) amounted to l. and that so much was answered for to the queen , besides what remained due upon writs not executed ; the abstract of all which writs ( except those already printed p. . ) i shall here present you with , the file and roll of the writs themselves being not to be found at present in the office of pleas , kings remembrancer , or elsewhere , upon my best search after them . extracta de brevibus de executione pro auro reginae , remanen . in filaciis de termino sancti hillarii an. e. . remanen . in officio clerici placitorum de scaccario ; ( where they are now extant . ) fleri facias de bonis & catallis , terris & tenementis isabellae quae fuit uxor radulphi de monte hermeriae l. s. d. quos debet isabellae reginae angliae matri nostrae chariss●mae , de quodam debito l. de auro suo , de fine l. pro ( ) custodia purpartis margaretae unius sororum et haeredum richardi foliot habenda . de johanna quae fuit uxor roberti de driby s. d. de quodam debito marc . de fine marc . pro ( ) licentia alienandi quaebam tenementa in bokenham , & alibi in com. suff. de simone cricktist s. de quodam debito l. de auro reginae , pro fine l. pro ( ) licentia recipiend . in adm . de dunton , licent . acquirend . denham et alia . de thoma dunt collectore lanarum , &c. marc . de auro reginae , pro fine marc . pro ( ) concelamento . de margareta quae fuit uxor thomae de cailly s. de auro reginae , pro fine l. pro ( ) licentia se maritandi . de richardo de gray l. s. d. de debito l. de auro , de fine l. pro ( ) custodia et maritagio richardi basset habenda . de magistro waltero de isley l. quas debet isabellae reginae angliae de quodam de bito marc . de auro suo , de fine marc . pro ( ) transgressione . de johanne de sisors s. d. de auro reginae , de debit . marc . de fine marc . pro ( ) transgressione . de johanne de northworth s. d. necnon s. de auro reginae , de fine l. pro ( ) licentia feofandi henricum de northwood de manerio de northwood . de thoma de blunt s. d. de auro reginae , de debito marc . pro ( ) quadam transgressione . de roberto pynywigell l. de quodam debito l. pro ( ) fine pro terris sidi per regem ad firmam concess s durante minorf aetate . de johanne de fremingham s. de debito marc . de fine marc . pro ( ) pardonatione de transgressione quam fecit in quodam manerio regis . de radulpho de laurentio s. de debito marcarum de auro reginae , pro , &c. de willielmo turet s. de fine l. pro fine pro ( ) transgressione conspirationis . de henrico beausz s. de debito s. de fine l. pro ( ) maritagio johannis filii & haeredis johannis cockings habendo . de katherina quae fuit uxor roberti de brecosn l. de auro reginae , de fine l. pro ( ) licentia se maritandi . de johanne jeffrer s. d. de debito s. d. de auro reginae , de fine marc . pro ( ) transgressione conspirationis . de salmone de atherugge s. de debito l. de auro regine , pro eadem cansa . de thoma de chandes s. d. de debito l. de fine l. pro ( ) licentia adquirendi manerii de lugwardin habenda . de roberto de baskervil , & aliis collectoribus & subcollectoribus diversarum concessionum in parliamento tempore edwardi secundi , l. s. d. de debito marc . de fine marc . pro ( ) transgressione per ipsos fact . in taxatione et collectione concessionum praedict . de richardo de grey l. s. & s. d. de debito l. de auro reginae , de fine l. pro ( ) custodia et maritagio richardi baesset habenda . de hominibus villae de scarborough l. de arreragiis l. de auro reginae , de fine , &c. vacat . de lodovico du●olm . episcopo s. d. de auro suo , de debito marc . de fine marc . pro ( ) licentia adquirendi terras . de willielmo de ferrariis l. s. de debito marc . de auro reginae , de fine marc . pro ( ) maritagio johannis filii & haeredis nicholai de ferrariis . de nicholao de kirkham s. de auro reginae , de fine l. pro ( ) transgressione . de rogero pridias s. de auro reginae , de fine l. ( ) ne transfretaret in vascon . de johanne unphravill s. de debito s. d. de auro suo , de fine marc . pro ( ) relevio suo . de willielmo de fishurre s . d. de debito s. d. de auro suo , de fine marc . ( ) ne transfretaret in vasconiam . de alexandro de sancto johanne s. d. de debito marc . de auro suo , de fine marc . pro ( ) maritagio johannis filii & haeredis hugonis de lutcomb . de willielmo de coffeild s. de auro suo , de fine l. pro licentia alienandi manerii de boxstead . de johanne de la penne s. d. de fine marc . ne transfretaret in vasconiam . de randulpho de monte hermerii , videlicet de bonis & catallis suis , ac etiam de terris & tenementis quae sua fuerunt in feodo anno regni domini edwardi nuper regis angliae patris regis quinto , seu postea in quorumcunque manibus eadem terr . & tenementa existant , fieri fac . marc . de debito marc . de auro suo de fine marc . pro custodia terrarum et tenementorum quae fuerunt johannis ap adam habenda . de richardo gray l. de fine l. ( ) pro licentia habenda pro terris concedend . ad manum mortuam . de petro fenne l. s. d. de debito marc . de auro suo , de fine marc . pro ( ) custodia terrarum et tenementorum quae fuerunt roberti de sandby de eastmarkham habend . &c. de roberto coukes s. d. de debito marc . de auro suo de fine marc . pro ( ) transgr . de hugone de nerguill s. d. de debito marc . de auro suo pro ( ) fine , ut supra . de roberto fourchies s. d. de debito marc . de auro suo , pro eadem causa . de roberto ingram de s. d. de debito marc . de auro suo , de ( ) fine marc . pro eadem . de roberto ireland s. d. de ( ) fine marc . de auro suo , pro omnibus terris et tenementis quae fuerunt de haereditate uroris suae rehabend . de thoma basset s. de fine l. de auro suo , ( ) pro transgressione . de rogero damoryes l. de auro suo , de fine l. pro ( ) maritagio margeriae & isabellae heredis theobaldi de verdon habend . de randulpho de grenham l. s. de debito marc . de auro suo , de fine marc . ( ) pro transgressione . de johanne de vienna & aliis s. de debito marc . de auro suo , de fine marc . ( ) pro maritagio ciciliae & alianorae filiarum & haeredum johannis de knovill habenda . de militibus & armigeris totius com. sussex . s. de debito l. de fine l. per quod omnes qui benerunt in obsequio domini regis patris regis apud cirencestr . in festo sanctae luciae virginis anno regni patris regis . ( ) redire possent ad propria , et pro forisfactura aliorum militum et armigeroum de com. sussex qui tunc non venirent ibidem remittenda . de johannede duffore s. d. de auro suo , de fine marc . pro ( ) transgressione . de johanne fekenham s. d. de debito s. d. de auro suo de fine & marc . pro eodem . an. f. . king edwards * forecited patent to his barons on the behalf of queen philip his consort for the levying of her quéengold , i find enrolled in the clause roll of an. e. . pars . m. . in the tower of london . in the rolls of anno e. . in the account of the sheriff of gloucestershire , i finde these several debts accounted for and satisfied to queen philip for her aurum reginae out of fines for trespasses and other offences before the kings justices , as well as for other debts . glouc. idem vicecomes reddit compot . de l. de fin . exit . & amerc . diversorum quorum nominibus praeponitur philippa regina in extract . . in extr . rotulo de fin. exit . & amerc . coram richardo de stafford & sociis suis justiciariis , ad quascunque felon . & transgr . in com. glouc. audiend . & terminand . assign . anno . et s. d. de fin . & exit . divers . quorum nominibus praeponitur philippa regina in rotulo . in summa . in rotulo de fin . & exit . de banco de terminis trinitatis & michaelis anno , & terminis hill. & pasch . anno . et s. d . de amerc . divers . quorum nominibus praeponitur philippa regina in rotulo . in sum . in rotulo de amerc . de banco de terminis trinitatis & mich. anno . & terminis hill. & pasch . anno . et d . de roberto beanflour quod non habet beanflour ubi proponitur philippae regina in rotulo . in rotulo de amerc . coram rege de terminis hill. pasch . trinitatis & michaelis anno . & de eisdem terris in com. norff. & suff. anno . et d. de roberto maister de exec . suis forum ubi proponitur philippa regina in rot. . in rotulo de exit . forum vestra regina de termino michaelis anno . & terminis hill. & pasch . trin. & michaelis anno & . et s. d. de exit . divers . quorum nominibus proponitur philippa regina in rotulo . in sum . in rotulo de exit . forum coram baronibus per exec . brevium pro rege & fin . & amerc . de rotulo med . anno . et s. de exit . divers . quorum nominibus proponitur philippa regina in rotulo . in sum . in rotulo de fin . exit . & amerc . vicecomitum & aliorum diversorum coram baronibus ad placita anno . et s. d. de exit . divers . quorum nominibus proponitur philippa regina in rotulo . in summa . in rotulo de itin. exit . forum coram baronibus pro execut . brevium pro rege anno . et s. d. de amerc . divers . quorum nominibus proponitur philippa regina in rot. . in summa . in rotulo de amerc . coram baronibus pro exec . brevium pro rege de diversis terris & divers . annis anno . incip . & fin . et s. d . de amerc . divers . quorum nominibus proponitur philippa regina in rotulo . in summa . in rot. de itin. amerc . coram baronibus per exec . brevium pro rege anno . incip . & . finient . et s. d. de amerc . divers . quorum nominibus proponitur philippa regina in rotulo . in summa . in rotulo amerc . coram baronibus ad placita de diversis terminis & dimid . &c. in the plea rolls de termino paschae anno e. . rot. . in the office of pleas in the exchequer , i have found the case , plea of the mayor and burgesses of bristoll concerning queengold already cited ( p. , . ) which mr. hakewill referred to anno e. . the transcript whereof being memorable , i shall here insert out of the record it self . memorand . quod cum quinto die februarii anno regis nunc eborardus de frenshe major villae bristoll recognovit se debere regi ducentas & viginti libras , solvend . unam medietatem in festo purif . beatae mariae tunc prox . futur . & aliam medietatem in festo sancti johannis baptistae tunc prox . sequent . sicut continetur in recogn . de anno . regis nunc , ubi immediatè post recognit . praedict . annotatur sic . memorand . quod ista recognitfacta fuit pro decima praedict . per eborardum & burgenses & alios homines villae bristol & suburbii ejusdem , de bonis suis mobilibus de primo anno decimae triennis domino regi concessae die veneris prox . ante festum sancti michaelis in anno praesenti , ratione concessionis praedict . contigent . praeceptum fuit vic. quod non omittat propter libertatem villae , quin , &c. ac de bonis & catallis praedict . eborardi & aliorum hominum villae bristoll & suburbiorum ejusdem : ac etiam de terris et tenementis ( ) quae sua fuerunt praedicto anno . seu postea in quorumcumque manibus , ac . fieri faceret s. quas debent philippae reginae angliae de auro suo de l. praedict . ita quod dictas l. haberet hic ad crastinum ascensionis domini praefatae reginae solvend . idem vic. mandavit ad diem , quod de bonis & catallis eborardi & aliorum hominum villae praedict . cepit catall . ad valenciam debiti praedicti , ad quae emenda nondum invenit emptores . ad quem diem walterus derby ballivus villae praedictae venit coram baronibus in propria persona sua , et dicit pro se & aliis hominibus villae praedictae , quod praefata regina aurum de debito praedicto de jure habere non debet . quia dicit , quod praedictus eborardus neque homines villae praedictae finem cum domino rege non fecerunt in hac parte , neque l. praedict . nomine finis eidem regi concesserunt , nec recognitio praedicta loco finis fiebat , ita quod dicta regina aurum causa recognitionis praedictae de jure exigere non potest . et petit , quod executio versus eos in hac parte facta supersedeatur , &c. & sibi fiat ulterius quod , &c. et praefata regina per thomam del chogh attornatum suum venit & dicit , quod ipsa aurvm de debito praedicto habere debet , quia dicit , quod de quibuscunque voluntariis obligationibus et regi de sponte oblatis de pecunia numerata avrvm reginae debetur , et secundum legem et consuetudinem inde a tempore quo non extat memoria usitatas consuebit , ut liquere poterit per memoranda & libros hujus scaccarii quos vocat , ac . petens inde scrutinium fieri in evidentiam et declarationem praemissorum . et super hoc scrutatis rotulis & memorandis praedictis , compertum est in * rubeo libro feod . in quadam ordinatione super statu scaccarii ibidem annotata , sub titulo de auro reginae . quod hii qui in pecunia numerata regi sponte se obligant , reginae pariter teneantur licet expressum non fuerit . quamvis enim non sit expressum , est tamen promisso compromissum ; vt cum regi centum five ducentas marcas promiserit , reginae pariter teneatur pro centum marcis argenti regi promissis in una marca avri , pro duoentis in duabus marcis avri , & sic deinceps . et quod licet rex de promissa sibi mediam partem dimiserit vel universam , vel etiam summonere distulerit , de hiis tamen quae ad reginam pertinent secundum quod sibi visum fuerit per omnia fiet , ut ea nolente neque dimittantnr , neque differantur , sed summonita solvantur , & nou solventes ad hoc coherceantur , ut sive clericus sit sive laicus qui solvendo non fuerit , donec satisfecerit , caret impetrato . et sic dicit , eadem regina praetertu dictae drdinationis , ipsa de jure habere debet executionem avri sui praedicti in forma superius praedicta . et petit erecutionem , &c. super quo , quia curia vult plenius deliberari antequam , &c. datus est dies partibus praedictis hic à die sanctae trinitatis in dies eodem statu quo nunc . ad quem diem partes praedictae venerunt , & habent diem ulterius in praemissis usque octabas sancti johannis baptistae in eodem statu quo nunc . ad quam diem partes praedictae venerunt , & facto ulterius scrutinio rotulorum hujus scaccarii , quid fit sponte oblatum ? compertum est in dicto rubro libro , sub titulo , de sponte offerentibus , quid sit faciendum cum ipsi non solverent . quod si oblatum à rege suscipitur , & offerens consequenter pro quo optulit à rege suscipit ; ut si quis pro libertate aliqua , pro fundo , vel pro firma , vel pro custodia cujuscunque qui minor est annis usque ad annos legitimes habenda ; vel per quod alio modo ad suam utilitatem vel honorem accidere videatur sponte regi l. vel marc . & assentiente statim post oblatum suscipiat optatum , & qui sponte se obligant , & qui conventione cum principe facta possidere ceperint quam diu solvendo fuerint indultis sibi beneficiis gaudeant & utantur ; quod si de regis debito summoniti solvere desierint , statim careant impetratis . et super hoc praefata regina dicit , quod praedicta recognitio facta fuit , ne homines villae praedictae tarentur per collectores communitatis , nec quod ministri seu ballibi ipsius regis de collectione praedicta infra villam praedictam in aliquo se intromitterent , quod cecidit in proficuum et honorem eorundem hominum . et dicit ulterius eadem regina , quod ubi quintaedecimae vel decimae regi de anno . concesserint solvendae in crastino sancti andreae apostoli , & in festo purif . beatae mariae virginis , praedicti homines habuerunt diem solvendi per recognitionem praedictam dictos l. in festo pur. beatae mariae , & in festo sancti johannis baptistae . ita quod primus dies solucionis per recognitionem illam , fuit ultimus dies solucionis decimae quintae et decimae praedictarum ; et per sic , praedicti homines habuerunt proficuum , et receperint quid pro quo , ubi praefata regina avrvm de jure habere debet . et petit executionem avri praedicti , &c. et scrutatis rotulis super tempore solucionis quintaedecimae & decimae praedictarum , compertum est in rotulo compotorum de quintadecimis & decimis , quod die veneris proximo ante festum sancti michaelis an. . concessa fuit quaedam quintadecima & decima trienn , solvend . quolibet anno , unam medietatem in crastino sancti andraeae , & aliam medietatem in festo pur. beatae mariae . what judgement the barons gave in this memorable case , i cannot yet finde upon record ; but it seems to me , that the queen recovered her gold for the * forecited reasons . in the dorse of the same roll there is this memorandum entred . memorand . quod comperto in magno rotulo de anno . in glouc. quod philippa regina angliae habet castrum , villam & bertonam bristoll cum pertinentiis in dotem , ex donatione ac concessione regis ; thomas del clogh attorn . praesatae reginae , venit coram batonibus die aprilis hoc anno & dedit curiae intelligi , quod praefata regina tradidit ad firmam majori & hominibus villae bristoll , castrum , villam , & bertonam praedictam pro l. eidem reginae annuatim reddend . ad fest . paschae & sancti micha●lis per aequales portiones , et quod l. de termino paschae ultimo praeterito eidem reginae aretro existunt . et petit , quod walterus derb ) ballivus villae praedictae qui praesens est in curia super compotum suum , de debitis reginae levabilibus infra libertatem villae praedictae , de praedict anno decimo sexto , de l. praedictis respondeat & satisfaciat praefatae reginae angliae , &c. postea , viz. quinto die julii , johannes cocks ( ) receptor avri ipsius reginae cognovit coram baronibus , quod satisfactum est praefatae reginae de l. praedictis . in the plea rolls of this year there are sundry writs and inhibitions to sheriffs , bailiffs , and receivers of philippa the queen consort , and isabel the queen mother , concerning their debts and accounts of all sorts , which those who please may peruse at leasure in the rolls themselves in the office of pleas ; i shall only instance in those that concern queengold , and the defaults of sheriffs in levying their debts , the sale of goods and chattels seised for them remaining unsold , and other particulars . in the same plea rolls , rot , a. a. de crastino clausi paschae anno e. . praeceptum fuit vic. quod tàm de illis bonis & catallis jacobi de dudele ad valenc . s. d. quae nuper in manum regis cepit , & quae penes ipsum remanent , &c. quàm de aliis bonis & catallis ejusdem jacobi ; ac eciam de terris & tenementis quae sua fuerunt anno regis nunc , seu postea in quorumcunque manibus , &c. fieri fac . l. quas debent philippae reginae angliae de quodam debito l. be avro svo be fine l. ( ) pro pardonat . transgressironis et extorsionis habenda . ita quod denarios illos haberet hîc in crastino clausi paschae praefatae reginae solbend . et idem vic. recognovit ad diem praedict . quod bonailla et catalla capta in manum regis ut praedict . est , ad valenc . s. d. adhuc penes ipsum remanserunt invendita , &c. et quod per aliud breve cepit in manum dicti regis de bonis & catallis praedict jacobi ad valenc . s. ad quae emenda nullos inveniret emptores . et quod plura bona s●u●catalla praedicti jacobi ad tunc in balliva sua non invenit unde aliqui denarii fieri poterint . et datur curiae intelligi , quod idem vic. infra tempus quo breve inde recepit , et tempore ejusdem , de bonis & catallis ejusdem jacobi integ●è●evasse potuit eosdem denarios si voluisset . vnde idem vic. viz. willielmus duncall inde per barones oppositus , super sacramentum suum cognovit , quod ipse levasse potuit de bonis & catallis dicti jacobi , & de terris & tenementis ipsius , si &c. ideo consideratum est , quod idem vic. &c. inhibitum est . die aprilis hoc anno henrico wisdom ballivo libertatis com. arundell in com. sussex praesenti in curia eodem die , ne rece●●at ab eadem cu●ia quou●que satisfecerit philippae reginae angliae de s. d. de quibus idem ballivus termino sancti michaelis ultimo praeterito cepit de bonis et catallis prioris & monachorum de arundell ad valenc . quae quidem s. d. pertinent eidem reginae de avro svo de quodam debito s. d. facto ( ) pro excambiis factis inter dictum priorem & monachos & episcopum cicestrensem , sub periculo quod , &c. inhibitum est primo die aprilis hoc anno gilberto chastylon vic. com. war. praesenti in curia eodem die per johannem foxton attornatum suum , ne recedat ab eadem curia quousque computabit cum philippa regina de denariis per ipsum vic. levatis ad opus ipsius reginae de dibersis debitoribus suis tam de avro svo quam de aliis debitis dictam reginam ibidem contingentibus . satisfeceritque ei de omnia eo quod per compotum illum deberi contigerit , sub periculo quod , &c. postea per assensum consilii praefatae reginae ( viz. thomae del clough attornat . praefatae reginae ) praedictus gilbertus sub inhibitione praedicta usque crastinum sanctae trinitatis ad computand . et satisfaciend . in praemissis . in the same plea roll de crastino sanctae trinitatis , an. e. . i finde these three memorandums concerning three several fines paid to the queens receiver , for fines for trespasses before the kings justices of oyer and terminer in the county of sussex by the parties themselves , without any process to avoid expenses ; which as i conceive relate to queen-gold , though not particularly exprest . memorand . quod walterus de camapedon recepto● denariorum philippae reginae angliae , venit coram baronibus die maii hoc anno & recognovit , quod recepit ad o●us praedictae reginae de andraeo peverell chivaler l. s. d. quos debet de quodam fine per ipsum andraeam facto pro dibersis transgressionibus , &c. et de willielmo de exton s. d. quos debet de quodam fine per ipsum willielmum facto pro dtbersis transgressionibus , &c. et de richardo palfryman s. d. de quodam debito de quodam fine per ipsum richardum facto pro dibersis transgressionibus , coram philippo de molyns & sociis suis justiciariis regis , ad quasdam transgressiones & excessus in com. sussex anno . regis nunc audiend . & terminand . assignatis , de qua solutione idem andraeas , willielmus , & richardus , ( severally ) ostendit curiae unam talliam levatam ad recept . ejusbem reginae die maii praedicto anno . dictam summam continentem , quam dictus walterus cognovit esse bonam & legalem . anno e. . in the plea rolls of the exchequer , in the office of the clerk of the pleas , de crastino sanctae trinitatis , an. e. . i find this memorandum concerning queen-gold . memorand . quod johannes de herewardestoks major london . venit coram baronibus die junii , hoc anno in propria persona sua , & dicit se solvisse philippae reginae angliae ad receptam s●am marc . quas idem johannes debet de quodam fine facto pro transgress . coram johanne de molyns & sociis suis nuper justic . regis ad diversa transgressiones , oppressiones , dampna & gravamina in com. sussex . audiend . & terminand . assignat . anno regis nunc ; et de solutione inde ostendit curiae unam talliam levatam ad receptam ipsius reginae die aprilis anno . quam johannes de edyndon attornat . praefatae reginae praesens in curia praedict . die junii cognovit esse veram & legalem : et dictum johannem de herewardestoks denarios in eadem tall. contentos ad receptam praedictus solbisse . cognovit etiam praedictus johannes de edyndon , quod praedictus johannes de herewardestoks solvit praefatae reginae ad receptam suam praediatam marc . de auro suo , ad ipsam reginam pertinent de fine praedicto ; over and above the entire fine it self , which she likewise received , which is observable . anno e. . in the plea rolls coram baronibus de quindena sancti michaelis , anno regis edwardi tertii post conquestum , i finde many actions brought by queen philip against her bayliffs and receivers of her moneys ; and inhibitions to sheriffs not to depart the court till they had satisfied her for all the moneys they had levyed of her debtors , which related to her queen-gold , as well as other debts , as these records do intimate . praeceptum fuit vic. cant. & hunt. sicut pluries , quod caperet richardum glanvill administratorem & occupatorem bonorum et catall . quae fuerunt johannis de glanvill nuper thes . & receptor vlton . defuncti , ubicunque , &c. et eum salvo , &c. ita quod haberet corpus ejus hîc ad plures dies praesen . et tandem in crastino sancti michaelis , ad respondend . philippae reginae angliae de l. s. d. aretro existentibus de quadam recognitione marc . quam idem johannes fecit praedictae reginae . pro arreragiis compotorum suorum de partibus hiberniae , nuper ad scaccarium ipstus reginae de tempore quo fuit receptor denariorum ipstus reginae ibidem ; which i conceive to be her queen-gold , as well as other her monies and debts in ireland . quindena paschae an. regis edwardi . inhibitum est die maii thomae de musgrave nuper vic. ebor. praesenti in curia eadem die per johannem bret attornatum suum , ne recedat a curia quousque satisfecerit philippae reginae angliae de s. d. quas praedict . thomas nuper levavit particulariter de diversis debitoribus praefatae reginae , quorum nomina & particulae denar . plenius annotantur in quadam cedula quae est inter billas de hoc termino , sub periculo quod , &c. inhibitum est supradicto die maii vic. salop , ne recedat à curia , quousque satisfecerit philippae reginae angliae de l. s. d. quas praedictus johannes levavit singulariter dediversis debitoribus praefatae reginae , quorum nomina , & partic . denariorum plenius annotantur in quadam cedula quae est inter billas de hoc termino , sub periculo quod , &c. postea de assensu ricardi de ravens receptoris denar . praefatae reginae , datus est dies praefato vic. hic in crastino sancti michaelis ad solvend . praefatae reginae dictas l. s. d. quam diem praedictus vic. admisit . postea , viz. die octob. hoc anno praedicta regina venit coram baronibus per johannem de holt attornatum fuum & cognovit quod praedict . vic. solvit ei denarios praedictos . ideo praedictus vic. de inhibitione praedicta recedat quietus . king edward the d. in the year of his reign pardoned all debts by his general pardon due unto him before the th year of his reign when his queen philip was living , the arrears of whose qveen-gold and other debts due to her before this th year accruing to him by his queens decease , and to his grandchild k. richard the d . after his decease ; who sued her debtors for her avrvm reginae and other debts , as not included within that pardon ; the commons thereupon in the parliament of r. . exhibited this petition to the king , to make a declaration in that parliament , that those her debts accruing to the king should be comprehended within that pardon . which the king thought unreasonable , since they were levyed principally to satisfie her creditors ; but if after proclamation made it should appear all her creditors were satisfied , he would then extend his grace unto them in that case , as the parliament roll thus informs us . i tem prient les communes , qe declaracion soit faite en ce pariement , qe les dettes dues au roi par la mort la roigne qe darrein morust , queur furent dues au dit roigne debant l'an quarantisme le roi e. laiell debient currer deinz la pardon fait l'an cynquantisme de mesme le roi laiel , par quel entre autres sont pardonez touz dettes duez au dit roi debant l'an de son regne quarantisme nient contresteaut qe la dite roigne mutrust apres la dit an quarantisme . resp . tl ne semble mye reson , qe ff la dite roigne fensse unqores endette● as aucunes gentz du roialme , as queur pur defaute daboir nad mye peu estre satisfait , qe debant qe ses dettes soient purpaiez riele pardon feusse fait ; mes le roi voet , qe proclamacion soit faite par entre cy et la seint michel proschein venant , qe si nully vorra pleindre de dette a lui due par mesme la roigne , viegnent & mettent avant lour pleinte , & ce fait ; selonc ce qu le pleinte se serra au roi , il entende de modiffer sa grace en le cas . king a henry the . coming to the crown when he was scarce six months old , soon after sate publikely in state in the high court of parliament among the peers as king , in his mother queen katherines lap , ( a strange sight , never before seen in england ) yet he was not maried till the . year of his reign , during which this duty of queen-gold was in suspense till his marriage with queen margaret , when it immediately revived , and was presently claimed and received by her receiver in the exchequer , as his b premised writ to his treasurer and barons , and his queens patent to her receiver of queen-gold evidence . yet long before that , upon the petition and request of queen katherine his mother , his councel issued this memorable writ in his name to the treasurer and barons of his exchequer , that her officers should have and enjoy the same priviledges in that court for the levying of all her rents , revenues , qveen-gold , and other debts and profits belonging to her , as himself and his officers had and enjoyed , as his father king henry had granted her the like priviledge before in his life-time . henricvs dei gratia rex angliae & franciae , dominus hiberniae , thesaur . & baronibus suis de scaccario qui nunc sunt , vel qui pro tempore fuerint , salutem . ex parte johannae reginae angliae nobis extitit intimatum , quod cum dominus h. nuper rex angliae , pater noster defunctus , per breve suum sub magno sigillo suo nuper mandaverit tunc thes . & baronibus suis de scaccario , quod omnia negotia , querelae , et agenda dictam reginam tangentia , occasione terrarum , tenementorum , firmarum , feod . franches . et libertat . eidem reginae in dotem seu alias ad terminum bitae suae per abum nostrum concessarum , ac ratione avri et aliarum rerum suarum , coram tunc thes . & baron . in scaccario praedicto deducta , auditura , & expedita essent sicut propria negotia patris nostri supradicti ; & quod ballivi , officiarii & ministri quicunque praedictae reginae feodor . franches . & libertat . praedict . in omnibus quae ad officia & negotia sua pertinerent , necnon debitares avri et omnium aliorum denar . seu s●mar . praedictae reginae debit . ut proprii debitores ipsius patris nostri ibi deducti essent et pertractati , prout per irrotulament . brevis praedicti inter memorand . ejusdem scaccarii plenius continetur , & prout in diversis recordis ejusdem scaccarii tempore dominae isaebellae nuper reginae angliae in viduitate sua post mortem domini e. nuper regis angliae progenitoris nostri est compertum ; & nobis est supplicatum , ut eidem reginae pro majori quiete , et celeriori levatione denar . et deditorum suorum quorumcunque breve sub magno sigillo nostro , quod omnia negotia , querelae , actiones , etdemandae , praefatae reginae tangen . tam occasione castrorum , maneriorum , villarum , dominiorum , reddit , terrarum , tenementorum , firmarum , feod . firmarum , custodiarum terrarum & maritagiorum , custodiarum prioratuum alienig . firmar . & appor . prioratuum alienig . parvarum & magnarum custumarum , franchesiarum , libertat . & aliarum rerum & possessionum quarumcunque eidem reginae in dotem , seu alias ad terminum vitae suae concessarum vel assign . concedend . seu assignand . quàm occasione auri , & aliarum denariorum , firmarum , & feod firmarum et debitorum quorumcunque prafat . reginae de tempore praedicti patris nostri debitorum coram vobis , una cum executione eorundem per iudicium seu mandat . proprium , ut propria negotia nostra ; & quod ballivi , officiarii , & ministri reginae praedict . cur. castrorum , maner . villarum & dominiorum praedictorum in hiis quae ad eorum officia pertinent : ac debitores ejusdem reginae avri praedicti , denar . firmarum , feod . firm . reddit . appor . & aliorum debitorum quorumcunque eidem reginae debita & debend . in scaccario praedicto , durant . vita ejusdem reginae , tanquam ballivi officiar . et ministri ac debitores nostri , deducantur , audiantur , pertractantur et expedientur omnimodo dignaremur . nos supplicationi praedict . annuentes , vobis mandamus , quod omnia negotia , querelas , actiones , et demand . praefatam reginam tangen . tam occasione castrorum , maner . villarum , dominiorum , reddituum , terr . ten . firm . feod . firm . custodiarum terr . et maritag . custod . terrarum et appor . priorat . alienig . parbarum et magnarum custum . franches . libertatum , et aliarum rerum et possessionum quorumcunque eidem reginae in dotem seu alias ad terminum vitae suae concess . vel assign . concedend . seu assignand . quam occasione avri , denar . firmar . feod . firm . reddit . appor . et aliorum debitorum quorumcumque eidem reginae , ut praedictum est debit . et debend . ac etiam ballivos , officiar . & ministros ejusdem reginae castrorum , maner . villarum & dominiorum praedict . in hiis quae ad officia sua pertinent , tanquam ballivos , officiar . et ministros nostros proprios , necnon debitores avri reginae praedicti : ac denariorum , firmar . feod . firmar . reddit . appor . et aliorum debitorum praefatae reginae quorumcunque , ut praedictum est debit . et debend . coram vobis in scaccario praedicto , ut debitores nostros proprios , quamdiu nobis placuerit , deduci , audiri , pertractari et expediri fac . teste meipso apud westm. quinto die decembris , anno regni nostri quinto . per concilium . what effects this writ produced , appears by the * premised recognition of thomas dokes . in the records of king henry the th . in the exchequer , i have hitherto met with little of moment concerning queen-gold , but only this memorable patent of his queen consort elizabeth to edmund chaderton clerk , constituting him receiver general of all her lands , revenues , annuities , rents and fee-farms , and likewise of her queen-gold , signified to the barons by thomas earl of ormond her chamberlain . memorandum quod thomas comes ormond camerar . dominae reginae angliae venit coram baronibus hujus scaccarii die julii hoc termino in propria persona sua ; & exhibuit curiae hic , ( ) quasdam literas patentes praefat . dominae reginae edmundo chadderton clerico de officio generalis recept . ipsius reginae confect . petens ex gratiâ cur. literas illas irrotulari . barones illos irrotulari praeceperunt in haea verba ; scilicet . elizabetha dei gratiâ regina angliae & franciae , & domina hiberniae ; omnibus ad quos praesentes literae nostrae pervenerint , salutem . sciatis , quod nos de gratia nostra speciali , ac de fidelitate , circumspectione et industria dilecti & fidelis capellani nostri edmundi chaderton clerici plenius confident . ( ) constituimus et ordinavimus ipsum edmundum generalem receptorem nostrum , omnium castrorum , honorum , dominiorum , maneriorum , terrae , ten. reddit . firm , feod . firmarum . annuitat . & avri vocat . quene gold , ac aliarum commoditat . nostrarum quarumcunque nobis pertinen . seu spectan . jam in manibus nostris existen . & quae ad manus nostras imposterum devenient , et ulterius officium generalis receptoris nostri praedict . praefato edmundo damus et concedimus per praesentes . ac etiam volumus , & tenore praesentium authoritatem damus et concedimus praefato edmundo dimittend . & approvand . omnia praedict . castra , honores , dominia , maneria , terr . ten. ac caetera praemissa cum pertinentiis ad manus nostras , ad proficuum & commodum nostrum , & ad constituend , deputand . & ordinand , omnes officiarios pro receptione omnium & singulorum denar● nobis debit . & imposterum debend . de exit . recept . dictorum castrorum , honorum , dominiorum , maneriorum , terr . & ten. ac caeterorum antedictorum secundum suam discretionem , prout sibi melius videbitur pro nostris commodo et proficuis , ac de recept . suis acquietan , nomine suo dand . & sigilland . habend . tenend . & occupand . officium praedictum à festo sancti michaelis anno regni domini mei regis nunc o. quamdiu nobis placuerit , percipiend . annuatim per manus suas proprias de recept . sua talia feod . & vadia , qualia alii recept . temporibus aliarum reginarum angliae habuerunt et perceperunt ad festa pasch . & sancti michaelis per equales porciones , necnon alia vestur . profic . & commoditat . dicto officio debita & consueta . damus igitur universis & singulis recept , ballivis bedellis occupat . approvat . tenen . offic. & ministris nostris quibuscunque , ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis , quod eidem edmundo in executione et occupatione offic. praedicti intendentes sint & respondentes in omnibus prout decet . in cujus rei testimonium has literas nostras signo nostro manual . signat . fieri fecimus patentes . dat. sub magno sigillo nostro apud castrum metuendissimi domini mei de wyndesore octavo die julii , anno regni dicti domini mei tercio . in the first year of the reign of king henry the . who had no lesse than six queen consorts , ( to some of whom he was very unkind ) i found this patent of his first queen katherine to richard decons , constituting him her receiver general of all herrents and revenues , and likewise of her qeen-gold by expresse name , enrolled in the rolls of that year in the kings remembrancers office. memorandum , quod richardus decons armiger venit coram baronibus hujus scaccarii quartodecimo die novembris hoc termino in propria persona sua , & exhibuit curiae hic quasdant ( ) literas patentes dominae katerinae reginae angliae consortis domini regis nunc , de magno sigillo ipsius dominae reginae eidem richardo de officio generalis receptoris ipsius dominae reginae confect . petens literas illas hic in curia irrotulari . et barones literas illas irrotulari praeceperunt in haec verba . katherina dei gratiâ regina angliae & franciae & domina hyberniae . omnibus ad quos praesentes literae pervenerint , salutem . sciatis , quod nos de gratia nostra speciali , ac de fidelitate , circumspectione , et industria dilecti servientis nostri richardi decons armigeri plenius confidentes . constituimus et ( ) ordinavimus ipsum richardum generalem receptorem nostrum , omnium castrorum , honorum , dominiorum , maneriorum , terrarum , tenementorum , reddit . firm. feod . firmarum , annuitat . & avri vocat . quene gold , ac aliarum commoditat . nostrarum quarumcunque nobis pertinen . seu spectan . et ulterius officium generalis receptoris nostri praedicti praefato richardo decons damus et concedimus per praesentes ; ac etiam volumus , & tenore praesentium authoritatem damus et concedimus praefato richardo ad approvand . omnia praedict . castra , honores , dominia , maneria , terr . ten. & caetera praemissa cum pertinentiis ad majus proficuum & commodum nostra , & ad constituend . deputand . & ordinand . omnes officiarios pro receptione omnium & singulorum denar . nobis debit . & imposterum debend . de exit . recept . dictorum castrorum , honorum , dominiorum , maneriorum , terr . & ten. ac caeterorum praemissorum secundum suam discretionem , prout sibi melius videbitur pro nostris commodo et proficuis ; ac de recept . suis praedictis acquietan . nomine nostro dand . & sigilland . habend . tenend . & occupand . officium praedictum praefato richardo à festo annunciationis beatae mariae virginis ultimo praeterito , quamdiu nobis placuerit , percipiend . annuatim per manus suas proprias de receptione sua praedicta talia feod . & vadia , qualia alii recept . temporibus aliarum reginarum habuerunt et perceperunt , ad festa sancti michaelis archangeli & paschae per aequales porciones , unà cum omnibus aliis proficuis , commoditatibus & emolumentis dicto officio pertinen . sive spectant . damus igitur universis & singulis receptoribus , ballivis , bedellis occupat . approvat . tenen . offic. & ministris nostris quibuscunque , ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis , quod eidem richardo in executione et occupatione offic. praedicti intendentes sint & respondentes in omnibus prout decet . in cujus rei testimonium has literas nostras fieri fecimus patentes . dat. sub magno sigillo nostro apud manerium domini mei de grenewich vicesimo die junii , anno regni dicti domini mei regis henrici octavi primo . a mr. william hakewill in his treatise of queen-gold , and others inform us , that richard deacons was receptor generalis katherinae reginae , anno . usque h. . & avri svi , for which he received a fee of l. per annum , as doth appear by an account of his in the keeping of queen annes auditor anno jacobi regis : and that katherine first queen consort to king henry the . constituted him her receiver general of all her rents , monyes , debts , and also of her quéen-gold . which no lesse argueth the distinction of the office of receiver of the quéens gold , then the other special patents for the same ; the words in which account are these . richardus deconus armig. generalis receptor omnium terrarum , tenementorum , &c. katherinae reginae angliae , & avri reginae vocati queen-gold . which account of his i have not yet seen , nor know where to find . the b pipe roll anno h. . informs us , that griffinus richards armig. was generalis receptor denarior . & avri reginae katherinae consortis h. . so likewise ( as c mr. hakewill writes ) in the letters patents of queen anne bulloigne ( which he and others referr to anno & h. . which i cannot finde , after a double search for them ) made unto george taylour her attorney general , are found these words . anna , &c. ordinamus , &c. georgium taylour receptorem generalem omnium reddituum , &c. et avri reginae vocati queen-gold . but how much queen-gold any of h. . his queens in his reign received , or what writs issued for the levying therof , i cannot yet discover : only d mr. william hakewill informs us of one account in the custody of queen annes auditor , and of the form of a writ for levying aurum reginae ▪ to the use of queen katherine , last wife to king henry the . found in an old president book of that time , which i have not yet met with ; which no doubt agrees with the form of the pr●mised writs of that kinde . this duty of aurum reginae being totally suspended and put in long abeyance from the decease of king henry the . in the year . by reason of king edward the . his death before marriage , and the descent of the crown to queen mary and queen elizabeth as soveraign queens , ( not queen consorts ) uncapable of this duty ; was again re-continued and revived by the descent of the realm and crown of england by * undoubted inheritance and succession to king james the . of scotland , then married to queen anne , by whom he had issue ; who making his royal progresse together with his said queen out of scotland into england to take possession of the crown and realm , arrived in the city of london on the th of may. anno dom. . and on the of july following , being st. james his day , he and his queen anne were with great solemnity an●ynted and crowned in the coll●giate church of westminster by archbishop whitgift : at which time the earl of oxford , lord chamberlain to the queens highnesse , put in a claim , to have the appointing of a clerk in the exchequer for the levying of avrvm reginae , ( out of the red book in the exchequer , and pat. r. . forecited , p. , . ) and about the same time mr. william cambden , * clarencieux , second herald at armes in a manuscript collection reserved in sir john cottons library , cap. . of the priviledges of quén wives ; inserted this of aurum reginae amongst others ; for which he cites the words of gervasius tilberiensis , ex libro rub●o in scaccario , l. . cap. . de auro reginae , which concern queen-gold , & that ibld. f. . forecited . et quod hic fit mentio de auro reginae , quod varii varia de exactione illa senserunt , quibusdam dicentibus , quod aurum non debetur nisi quando quis finem fecit pro relevio ; alii dixerunt , quod de quocumque fine centum marc. & supra . set licet richardus ep●scopus refutat istud in libro suo , tamen videtur , quod debeatur avrvm reginae de quolibet fine . marcarum et supra , quod probari potest per rotulum anno regis johannis in berks , ubi abbas rading finem fecit pro sexaginta marcis pertinent . ad hundredum suum . et eodem rotulo titulo aurum reginae reddit compotum de marcas pro avro reginae de praedicto five marcarum . by reason of the extraordinary plague of pestilence in london that year , and in most cities and great towns throughout england the year following , queen ann● ( for ought i find ) then laid no actual claim to this duty of queen gold ; but in the year . mr. william hakewill , being her sollicitor general ( a person well versed in the records of the eschequer and other antiquities , afterwards a bencher and reader of lincolnes inne , my very good friend and acquaintance ) compiled and presented to queen anne a treatise upon the nature of aurum reginae , conteining the transcript of divers * records , produced in proof of several points thereof ; to be viewed by his most excellent majesty ; collected and disposed under certain divisions : which being an unprinted manuscript , i shall only present you with his own preface thereunto , and the chapters thereof . since the decease of king henry the . unto the time that the government of this realm of england , did rightfully and happily descend upon our soveraign lord king james , being conjoyned in the blessed band of marriage with that right high and excellent princesse queen anne , the queens majesty that now is our gracious queen : it pleased god that for the space of almost threescore years together , this realm happened to be governed either by a king within age , by a queen marryed unto a forreign prince , or by a maiden queen , and not by a marryed king in his own and proper right , as now it is . so that it is no marvel that the peculiar rights and dutyes wherewith the common law of this realm hath endowed the quéens majesty that now is , as quéen of this realm of england , should through so long want of a person able to claim and enjoy the same , be almost forgotten , and being put in vse seem strange and new . neverthelesse the records and remembrances of ages past ( which are the surest and most impartial preservers of rights ) have not only redeemed the same from the injury of time , which by that rare accident had almost brought them to utter oblivion , but may give also full satisfaction to all objections which can be made against the title , right , and justnesse of divers things hitherunto not claimed by her majesty , which neverthelesse do clearly belong to her , and ( considering the great blessing which by her means we enjoy ) do especially deserve to be continued , and with all tendernesse preserved . amongst which , upon search lately made , it doth appear , that by the common law of the land her majesty hath right to claim and enjoy a revenue hitherto not demanded by her , called avrvm reginae , or queen-gold ; of the nature of which the treatise ensuing is written : divided into these chapters following . . that there is a revenue belonging to the quéens of england , called aurum reginae , or queen-gold . . touching the name of avrum reginae . . what avrvm reginae is in general . . the ordinance of avrvm reginae , and the authority thereof . . observations upon the ordinance de auro reginae . . that quéen gold is due out of all voluntary offers or fines made with the king. . what a voluntary offer in this case was interpreted to be by the ancient quéens . . how a voluntary fine is proved by an ordinance in the red book in the exchequer . . the several kings of voluntary fines upon which queen gold hath been paid . . the proportion of queen-gold upon such voluntary fines . . that queen-gold is to be paid to the queen by the party making fine , over and above the fine wholly paid to the king. . that the queen-gold unreceived by her in her life , is due to the king after her decease . . that processe for levying aurum reginae , ought to issue out of the kings exchequer . . that the queen is to have her special officers in the same court for the making of such processe , and recovery of this to her . . that the same processe be such as is usual in the kings case . . that the kings processe is first to be served , before the queens . . that although the kings majestie release part or all of his fine , or deferr his processe for the same , yet shall not thereby the queens debt be either released or deferred without her consent . . out of how small fines queen-gold is due . . that queen-gold is due by the common law of the land. upon king james his perusal of this treatise , he referred the examination and consideration thereof to his chief justice popham , and sir edward cooke , as we are since informed by the . part of his reports , published after his death , london . during our late anarchy , pag. , . relating the issue and result thereof , in these ensuing words . pasch . . jac. regis . * note , by the commandement of the king , it was ref●rred to popham chief baron ( mis-printed for chief justice , ) and my self , what right the queen which now is , hath , and in what cases to a right claimed by her , called aurum reginae , that is to say , pro centum marcis argenti una marca auri solvend . per illum qui sponte se obligat : and upon consideration had of it by a long time and view of all the records and presidents , viz. libr●m rubrum in scaccario , fol. . ( it should be . ) de auro reginae , where it is said , that it is to be taken de iis qui sponte se obligant regi , &c. which is the foundation of this claim ; and of a record in the tower h. . and of a record in the exchequer , hill. ed. . and in the tower in the same year , in rot. claus . and of acts of parliament e. . cap. , & . e. . cap. . and the r. . in turri , and divers other presiden●s and processes out of the exchequer in the times of r. . and h. . and other kings until the time of h. . it was resolved , that the quéen hath right to it ; but with these limitations . . that it ought to be sponte , by the subject sine coactione ; so that this ought to be at the pleasure of the subject , whether he will give or no : and for this all fynes upon judgement , or by off●r , or fyne for alienation , or in any other case where the subject doth not do it sponte sine aliqua coactione , viz. that the king of right ought to have it , there the quéen shall have nothing . . it ought to be sponte fine consideratione allcujus reventionis seu interesse , that the king hath in esse in jure coronae : and for this upon sale or demise of his lands , or wards , or goods of felons , out lawes . et simili casu , for these are contracts and bargains concerning the revenues and interests of the king : and it cannot be said in such case that the subjects sponte se obligant , as to purchase or buying any the revenues and interests that the king hath . . it ought to be sponte super considerationem , et non ex mera gratia et benevolentia subditi . for that which is of mere grace , is not properly said of obligation or duty ; and the words of the records are , to have de iis qui sponte se obligant ; and so it was ordained by the king and his counsil , as appears by the record of hill. . e. . in scaccario . . it ought to be sponte super considerationem quae non longe reventionem seu interesse coronae , in any thing which the king hath : as if the subject give to the king sponte a summ of money for license in mortmain , or for to create● a tenure of himself , or to have a fair , market , park , chace , or warren within his mannor , there the quéen shall have it . for the subject did this sponte , and was not constrained unto it ; and this doth not concern any revenue or interest of the king : but if the king hath a fair , or market , or park , or warren , and grant it for a summ of money , there the queen shall have nothing , for this was a thing in esse , and parcel of the revenue of the crown : and by that it appears , that forasmuch as little or nothing is given in such case where this of right is due , this is not now of any such value as was pretended . and this resolution was reported to our soveraign lord the king by popham , in the gall●ry at whitehall . if this report of these two referrees concerning queen-gold be true and genuine , and not vitiated or corrupted with some additional restrictions since superadded to it , which i suspect , yet it is most clear by both their resolutions , that queen anne had then a right unto this duty of queen-gold ; and that it is due of right , from some sort of fines and oblations , specified in the fourth resolution : but by reason of those limitations put upon it by this report , he saith , this is not now of any such value as was pretended ; and that the ●oundation of this her claim was the red book of the exchequer , and other records then viewed and briefly quoted in the report . whether they perused those , or any other records i know not ; but had they viewed all those here transcribed , i am very confident they would never have reported to king james , that the queen shall have nothing , or no aurum reginae , by offer or ●ine for ali●nations , or for sale or demise of his lands , or wards , goods of felons , or outlaws , and the like , for these are contracts and bargains concerning the revenue and interest of the king ; and it cannot be said in such cases that the subjects , sponte se obligant : since most of the forecited records expresly averr the contrary , against which there can or ought at least to be no averment , especially by such eminent judges and lawyers as those referrees then were what further proceedings were used by the queen or her counsil for the recovery of this her unquestionable antient legal duty of queen-gold after this report , i cannot certainly determine , neither the queen nor her counsil being satisfied with most of the limitations therein specified , since diametrically repugnant to the records they produced , to justifie her right thereto . sir edward cooke in his institutes p. . ( printed since his death ) cites the * premised patent of king henry the . to prince edward his eldest son , pat. h. . m. . whereby he granted him the land of ireland with all its appurtenances , adeo liberè & quietè sicut tam in manu nostra teneremus , per quod charissina filia nostra alianora consors dicti fili nostri aurum suum , tam de finibus quam de sponte oblatis in terra h●berniae habere debet , sicut charissima consors nostra alianora regina angliae aurum suum habet de eisdem in regno nostro angliae . vobis mandamus , &c. from whence he observes , that albeit the wife of prince edward was not queen ( of ireland ) by name , yet she had the effect of it ; therefore she should have a duty called aurum reginae , as well as the queen of england , being but la●y in ireland . for albeit the king of england was ( untill the statute of h. . c. . ) stil●d by the name of lord of ireland , yet was he supremus & absolute dominus , and had royal dominion and authority ; and that his consort was in rei veritate regina , or else she could not have had aurum reginae . a clear confession and acknowledgement , that the queen-consorts of england by their prerogative as queens , had an an●ient right to queen-gold not only in england but ireland too , before the kings of england were 〈◊〉 kings of ireland , much more then since h. . which changed their title of lord into king of ireland . in the . year of k. charles the . upon the petition of mary his queen-consort , after a full hearing and debate of the antiquity and legality of this royal prerogative of aurum reginae before the king and queen by their learned counsil at law , and the reading of several presidents and records produced by them relating thereunto ; the king was pleased to send this writ to the treasurer and barons of his exchequer , for the levying of this duty of queen-gold for all fines and things out of which it was due , for his queen-consorts use , as it had been accustomed in the times of her predecessors queens of england , thus enrolled in the kings remembrancers office in the exchequer . anno caroli regis . carolus dei gratia angliae , scotiae , franciae , & hiberniae rex , fidei defensor . &c. thesaur . & baron . de scaccario nostro , salutem . cum praecharissima consors nostra henrietta maria regina angliae nobis supplicaverit , ut ipsa quod ad eam pertinet de auro reginae habere et percipere possit , sicut temporibus retroactis reginae angliae pro tempore existen . habere et percipere consueberunt ; nos volentes eidem consorti nostrae in hac parte ●●eri quod est justum , vobis mandamus , quod praefatae consorti nostrae aurum praedictum , er aliarum pecuniarum summis de quibus aurum reginae rationabiliter debetur levari , et illud praefatae consorti nostrae sive ( ) custodi vel receptori auri sui in hac parte assignand . sine dilatione liberari faciatis , prout reginis angliae temporibus progenitorum nostrorum regum angliae fieri consuevit . teste meipso apud westm . die junii , anno regni nostri undecimo . per ipsum regem . after which ( as i have been informed ) the king upon certain considerations by way of composition gave the now queen-mother ten thousand pounds in gold in lieu of her queen-gold . by all these premised records , writs , accounts , memorandums , to omit all others of like nature which i conceive might be found in the several treasuries , files of writs , rolls , and baggs of accounts in the kings court of exchequer ( which i have not yet had time exactly to peruse , by reason of my other publike employments ) the quiddity , quantity , quality , antiquity , legality of this duty of aurum reginae , the several fines , oblations out of which it ariseth , the officers , processe by which it ought to be levyed , collected , received , accounted for ; it s accruing to the king by the queens death , and all other necessary circumstances concerning it , with our present queen consorts undoubted right , title thereto , are so perspicuously and irrefragably evidenced to every readers judgement , conscience , who shall seriously or cursorily peruse them , that to waste more time or paper in the further demonstration thereof , would be nothing else , but to endeavour to adde light to the noon-day sun , and water to the ocean . i confesse this antient royal duty of queen-gold ( which hath much analogy with another old prerogative of the quéen consorts of england , that whereas the king by his prerogative royal ought to have all the whales cast on shore , or wrecked in all places within the realm of england ( unlesse granted to lords of manors and others by special words and charters from the crown ) as a royal fish ; the king himself shall have the head and body to his benefit , to make oyle and other things ; but the queen the tayl● , to make whale-bones for her royal vestments , dresses , and other uses in her wardrobe , as our * records inform us ) like this whale duty hath been totally suspended and discontinued , from the death of king henry the , till the first year of king james , for want of a queen consort , and not rigorously exacted by queen anne , or queen henrietta maria ( now queen mother ) for reasons best known to themselves , though they made their publike claims thereto , and obtained judgements and writs for the levying thereof . i likewise grant , that some of the rich●st veins of this old royal gold mine , have been totally cut off from it by two late acts of parliament ; the first enacting , * that none shall be compelled to receive or take upon them the order or dignity of knighthood , nor shall suffer or undergo any fine , trouble , or molestation whatsoever , by reason or colour of his or their not receiving the said order or dignity . the later ; † taking away and abolishing the court of wards and liveries , with all wardships , liveries , primer-seisins , ouster le mains , values and forfeitures of marriages , by reason of any tenure of the kings majesty ; and all other gifts , grants , charges , incident or arising for or by reason of wardships : and all tenures by knight-service in capite , o● by socage in capite of the king , fines for alienations , seisures , and pardons for alienations , out of which this duty of queen-gold did principally spring and accrue to our queens : but this is so farr from being any reason for our present , or other queens totally to quit their ancient indisputable rights to all other veins , branches , of this gold mine , because these are lopped off , or that the other should never be opened hereafter , because they have been so long unwrought or neglected ; that they have the greater reason speedily and effectually to pursue their claims , titles thereunto , and extract all the remaining gold veins & ore belonging to them without delay ; lest they should be for ever lost , not only to their own prejudice , and dishonour , but to the disinherison of the king himself , his crown and dignity , from whom it is originally derived , and to whom all arrears thereof accrue by law and custome after the queens decease . it hath been the policy , practise of our kings in most former ages and this , to issue out their letters patents and commissions to sundry persons and officers to * search after , open , digg , work all royal mines of gold and silver belonging to them by their prerogative , and lawes of this realm , throughout england , wales , ireland , and other their dominions , to encrease the revenues of the crown , and current money of the realm , though i could never yet find upon view of † accounts that they received any considerable revenue or advantage thereby , but only the support and continuance of their prerogatives and title to these royal mines . yea , king edward the d. in his parliament held at westminster in the twelfth year of his reign , at the earnest petition of the commons , with the advise and assent of his prelates , earls , barons , and others of his counsil in that pa●liament , for the common benefit of the realm , granted for him his heirs and successors , free l●berty to all and every person of this realm , that they and every of them might dig for mines of gold , silver , and 〈◊〉 treasure within his or their own soyl , by the view and oversight of such clerks and officers as he and his heirs should appoint ; and extract , fine , and coyn the same at his exchange and mint , at their proper costs , to augment the money of the realm ; rendring to him , his heirs and successors the full third part of all the pure silver , and the full moiety of all the gold which should be so digged , fined and coyned by them ; reserving the residue to themselves : which he likewise ratified by his letters patents in the th year of his reign , as this memorable record ( not hitherto published ) will inform us , now worthy publike consideration , to excite all ingenuous persons to a diligent scrutiny after such mines , to recruit , supply the extraordinary want of gold and silver coyne , to advance the trade , improve , pay land-r●nts , and defray the extraordinary publike taxes of the kingdom . * rex omnibus ad quos , &c. salutem . sciatis , quod cum in parliamento nostro apud westmon . anno regni nostri duodecimo convocato , cons●deratâ tàm nostri quàm pcpuli regni nostri communi utilitate , ad instantem requisitionem communitatis ejusdem regni nobis per petitionem suam coram nobis et concilio nostro in eodem parliamento factam ; de assensu praelatorum , comitum , baronum , et aliorum de concilio nostro tunc ibidem existentium , concesserimus universis et singuli● de dicto regno , quod ipsi et eorum quilibet solum suum proprium pro mina auri et argenti , et pro thesauro abscondi●o quaerendo et inveniendo fodere , et dictam minam auri et argenti per bisum et testimonium cujusdam clerici per nos bel haeredes nostros ad hoc deputandi purgare et peraffinare ; ad dictum thesaurum inventum per visum ejusdem clerici extra solum trahere possent pro suae libito boluntatis : ita quod totum argentum sic purgatum et peraffinatum ad cunea nostra et haeredum nostrorum deferatur custodibus cambii vel cambiorum nostrorum aut haeredum nostrorum per indentur . inde faciend . ibident liberand . ad monetam inde cudend . et quod singuli dominorum praedictorum omnes sumptus et custas qui in praemissis apponendi fuerint , de suo precio faciant et apponant ; quodque * teriia pars monetae sic cussae nobis et haeredibus nostris remaneat ; et duae partes esusdem dominis , quorum solum illud fuerit , liberentur : et quod totum aurum praedictum sic purgatum et peraffinatum , et thesaurus inventus , per praefatum clericum et dominos , qui aurum illud sic purgaberint et thesaurum invenerint , vel illos quos ad hoc deputaverint , ad scaccarium nostrum et haeredum nostrorum salvo ad sumptus e●rundem dominorum deferantur , una cum indenturis , quas inter ipsum clericum et praefatos dominos inde fieri volumus ( prout decet ) et medietas inde ad opus nostrum et haeredum nostrorum retineatur ; et in thesaurariam nostram et ipsoum haeredum nostrorum liberetur ; et altera medietas praefatis dominis et eorum singulis restituatur et remaneat ed commodum suum inde faciendum , pro dictis sumptibus et custubus in praemissis apponendis , ( ut praedicitur ) facilius supportandis . nos volentes concessionem nostram praedictam effectui mancipari , concessimus et licentiam dedimus , pro nobis et haeredibus nostris , praelatis , comitibus , baronibus , at caeteris hominibus de dicto regno nostro angliae , et terrae nostra walliae , et eorum haeredibus , et successoribus , et aliis , terras et renementa ibidem habentibus et habituris , quod ipsi et eorum singuli solum proprium pro mina et thesauro hujusmodi ibidem querendo et inveniendo fodere ; et dictam vinam per misum et testimonium hujusmodi clerici sit ad hoc deputandi purgare et peraffinare ; et thesaurum in●entum evtra solum suum in forma praedicta trahere possint , fine occasione vel impedimento nostri bel haeredum nostrorum , iusticiariorum , escaetorum , vicecomitum , aut aliorum balliborum seu ministrorum nostrorum quorumcunque : ita quod totum argentum sic purgatum et peraffinatum ad cunea nostra praedicta , et dictum aurum similiter purgatum et peraffinatum , et thesaurus inventus ad scaccarium nostrum et dictorum haeredum nostrorum deferantur ; et praedicta tertia pars monetae sic cussae , et medietas totius auri sic purgati et peraffinati et dicti thesauri inventi , nobis et haeredibus nostris remaneant ; et residuum inde dictis liberetur et restituatur in forma supradicta . et quod st dicti domini bel eorum aliquis fodere neglererint vel neglexevit , tunc nos et haeredes nostri in eorum defectu solum suum pro voluntate nostra fodere , et totam minam et thesaurum in eodem inventa , ad commodum nostrum et haeredum nostrorum inde faciendum possumus absque contradictione alicujus retinere . nolumus tamen quod aliquis de dictis regno et terra , cujuscunque status seu conditionis fuerit praetextu concessionis praedictae minam hujusmodi in absentia dicti clerici nostri purget vel peraffinet , aut thesaurum inventum extra iocum ubi ipsum inveniri contigerit trahere praesumat , sub forisfactura eorundem . in cujus , &c. teste rege apud turrim london die julii . per ipsum regem & consilium . if then all the commons of england by this act of parliament have free liberty to digg and open royal mines of gold and silver in their own so●les : much more then ought our queens to resume and enjoy their ancient legal prerogative , to open and improve their long obstructed mines of queen-gold for their best advantage ; especially since the ancient standing lands , revenues of the crown , out of which their joyntures and dowers arise , are so much diminished , that some think an act of resumption of them ( usual in * former ages ) as necessary in this age , as in any former kings reign whatsoever . it is a common proverbial speech in most mens mouthes , that the smallest filings and atomes of gold are so precious , that they are not to be cast away , but carefully preserved . much lesse then ought this whole , ancient legal revenue of queen-gold ( although some veins and filings of it be only left ) to be totally neglected , and not carefully preserved by our queen consorts , when they and their counsil shall deem it necessary or expedient . the rather , because this aurum reginae is not like to the popes aurum papale , a qui bugas dat , accipit aurum , &c. raising a large annual golden rebenue out of his leaden bulls , for infamous absolutions from , and dispensations for the b most execrable sodomitical , bestial sinnes , against all laws of god and nature , committed as well by the most religious cloistered votaries of the roman church , as the dissolutest strumpets in the stews at rome , dispensing with no less then sins of the greatest magnitude in his tara camerae for set sums of gold , to support his usurp●d papal suprem●cy , luxury , and more then regal splendor ; but an antient , legal , royal , real duty , arising from just , honourable , and true christian valuable considerations , as the premises abundantly evidence . nor is it a meer chymical notion , or chimaera , standing in need of a philosophical priest , monk , chim●st , armed with a royal commission , by the help of a long sought-after , but not hitherto-invented philosophers stoke , to transubstantiate copper , brass● , tinne , and other baser metals into real solid gold and silver , by limbecks or charms ; as all popes , masse-priests c dogmatically affirm , they can and daily do transubstantiate the eucharistical bread , by pronouncing , hoc est enim corpus meum , in the canon of their masse-books over it , ( though not the words of benediction or consecration , which d preceded , directed to the bread , but a reason rendred by christ to his disciples after his benediction , why they should receive it , as the word enim imports , and so not words of transubstantiation as they assert ) into the very natural body and blood of christ , born of the virgin mary , actually ascended into heaven above years past , without any addition thereunto ; though they neither s●e it with their eyes , nor taste it by their pallats , nor feel it by their hands , nor discern it by their smell to be the body of christ , ( who hath resolved the eyes , senses to be the e proper judges , discerners of the reality and verity of his body , and of his miraculous resu●rection and ascention into heaven , chief articles of our faith ; ) without which real transubstantiation , they teach and believe there can be no true sacrament of the eucharist , nor meritorious sacrifice of their masse ; when as the generality of their f schoolmen , canonists , casuists , and writers of legends and saints lives resolve , that if the consecrated hostia shall appear to the eyes , or senses of any priest or receiver , to be really and visibly transubstantiated into the form or substance of christs body , or appear in the shape of a little infant , raw flesh , or blood , ( as their legends report it hath to several of them , though not to all ) it is a divine miraculous inhibition to them , not to eat or receive it , unless it shall resume the shape of bread . nam a apparet in forma puert , vel hujusmodi non debet sumere , quia non apparet sub specie convenienti humanae refectioni . an unanswerable argument , that their late coined doctrine of transubstantiation which they very hotly contend for , is so far from being an essential necessary ingredient of the sacrament of the lords supper , ( purposely instituted by our saviour to be received and eaten by all priests and communicants when ever it is consecrated , in memory of his death and passion , ma● . . , . mar. . , . luk. . , , , . cor. . , , . ch . . , to . & summa angelica tit. eucharistia . circa sumptionem ejus ; ) that it is altogether inconsistent with , and diametrically repugnant to it , because when they visibly see it by their bodily eyes to be really transubstantiated into christs body , flesh , or blood , as they suppose , they ought not in conscience to receive it ; therefore by the self-same argument they ought not to do it when they as really believe it to be thus transubstantiated , as if they did visibly and miraculously behold it . now if every pope and ordinary masse-priest can thus daily transubstantiate the sacramental bread into the very natural body of christ , and create their creator , as they believe and assert , which is the greater , though they differ toto genere , and have no analogy with each other ; then they may more confidently believe and affirm , they can transubstantiate copper , brasse , tinne , lead , and other baser metals , into real gold and silver , since they all agree in the genus of metals , and are not so far different from each other as bread and christs natural body . upon which account our king henry the . by advice of his counsil and authority of parliament , issued no lesse then four successive patents and commissions to several learned knights , citizens of london , chimists , monks and masse-priests , to finde out the philosophers stone , or elixir , which would not only cure all diseases , and make men live to the utmost possibility of nature , but likewise transubstantiate other baser metals into most true and solid gold and silver , to the great benefit of the realm , and enable him in very few years to pay all his creditors in real gold and silver . which patents and commissions for their raritie , to gratifie our chimists , virtu●si , and those who have made transubstantiation an article of their new trent creed , i shall here present you with out of the records in the tower. rex omnibus ad quos , &c. salutem . sciatis , quod cum dilecti & fideles nostri edmundus de trafford miles , & thomas asheton miles , nobis per quandam supplicationem monstraverit , quod quamvis ipsi super certis materiis per artem ●●v scientiam philosophiae operari vellent , vibelicet metalla impersecta de suo proprio genere transferre ; et tunc ea per dictam artem ●s ; ive scientiam , in aurum vel argentum perfectum transubstantiare , ad omnimodas probationes et examinationes , sicut aliquod aurum vel argentum in aliqua minera crescens erpectand . et indurand . ( ut dicunt . ) nihilominus certae personae illis malevolentes & malignantes , supponunt ipsos per artem illicitam operari , ut sic ipsos in probatione dictae artis sive scientiae impedire & perturbare possent . nos praemissa considerantes , ac conclusionem dictae operationis sive scientiae scire volentes , de gratia nostra speciali concessimus et licentiam dedimus eisdem edmundo & thomae et ipsorum servientibus , quod ipsi artem sive scientiam praedictam operari et probare possint licite et impune , absque impetitione nostri vel officiario●um nostcirc ; rorum quorumcunque ; aliquo statuto , acta , ordinatione ●s ; ive probisione in contrarium fact . ordinat . sive provis . non obstante . in cujus , &c. teste rege apud westm . die aprilis . per breve de privato sigillo , & de data praedicta , auctoritate parliamenti . rex omnibus ad quos , &c. salutem . cum copia numismatis paincipaliter genererat universalem prosperitatem in quacunque regione , et nobis expositum sit , quod al qui sunt modi utiles et honesti , pet quos numisma tam de auro quam de argento possit in regno nostro angliae faciliter multiplicari , tam pro marima utilitate totius reipublicae notum facimus , quod nos tantam utilitatem negligi non volentes , set per bona media produci ad effectum plenarie confidentes , de fidelitate , industria , sagacitate , atque bona diligentia dilectorum nostrorum willielmi cartelowe , & johannis middleton mercerorum london . matthaei philip , & humphrey heyford aurifabrorum , richardi lee , & roberti gayton grocerorum , thomae couk , & thomae david draperorum , necnon eliae horwoud custodis cambii nostri london . ipsos pariter & eorum quemlibet per se , tàm conjunctim quàm divisim , ex const●lii nostri deliberatione commi●●mus et deputavimus , committimus et deputamus per praesentes ad diligenter investigandam veritatem s●per hiis quae in scriptis erunt eis ministrata pro antedicta multiplicatione numismatis , tam de auro quam de argento in regno nostro per bona media consequenda : ac etiam de comm●do vel incommodo universalitati dictae reipublicae inde proventuro ; capiendo , 〈◊〉 l egeant , constiium ab aliia in tali materis expertis , quibus nostris commissariis antenominatis et eorum cuilibet , tam conjunctim quam divisim , districte praecipiendo specialiter damus in mandatis per easdem praesentes , quatinus in praemissis et circa praemissa cum suis circumstantiis vigilanter vacent et intendant cum effectu ; et quicquid in praemissis egerint et receperint cum eorum opintine vel opinionibus in hac parte ipsi pariter aut quinque ipsorum referant per bonam declarationem in scriptis nobis aut consilio nostro in principio proximi mensis julii in praesenti anno regni nostri tricesimo quarto ; dante 's insuper in mandatis per 〈◊〉 praesentes quibuscunque officiariis et subditis nostris , et eorum cuilibet , prout ad eos pertinuerit , quatinus commissariis nostris praenominatis . vel quinque aut tribus eorundem parcant efficaciter et intendant in praemissis , cum requisti●i fuerint . in cujus , &c. teste rege apud westm . die maii. rex omnibus ad quos , &c. salutem . sciatis , quod cum antiqui sapientes et famosissimi philosophi , in suis scriptis et lib●is , sub figuris et integumentis docuerint et reliquerint , et vino et lapidibus pretiosis , ex oleis , ex vegetabilibus , et animalibus , ex metallis , et ex medits mineralibus multas medicinas gloriosas et notabiles confici posse ; et praesertim quandam medicinam praeciosissimam , quam aliqui philosophorum matrem et imperatricem medicinarum dixerunt ; alii gloriam inaestimabilem eandem nominaverunt ; alii verò quintam essentiam , * lapidem philosopho●um , et elixir nuncupaverunt eandem ; cujus medicinae virtus tàm ●fficax & admirabilis existeret , quod per eam quaecunque infirmitates curabiles curarentur faciliter , vita humana●ad suum naturalem prorogaretur terminum , et homo in sanitate et viribus naturalibus tam eorporis quam animae , fortitudine membrorum , memoriae claritate , et ingenii vivacitate ad eundem terminum mirabiliter praeservaretur : quaecunque etiam vulnera curabilia sine difficultate sanarentur ; quae insuper contra omne genns venenorum foret summa et optima medicina ; sed et alia plura commoda nobis et reipublicae regni nostri utilissima per eandem fieri possent , veluti metallorum transmutaciones in verissimum aurum et finissimum argentum ; nos frequenter meditatione multâ revolvimus , quàm delectabile et quàm utile tàm pro nobis , quàm pro regni nostri republica foret , si hujusmodi medicinae praeciosae ( divinâ favente gratiâ ) per labores haberentur virorum doctorum , necnon quod a retroactis diebus et annis plurimis datum fuit paucis et nullis ad beram prarim dictarum medicinarum gloriosarum pertingere , tàm propter arduas difficultates circa earundem compositionem incidentes et circumstantes , tàm quia timor poenalis ab investigatione et practica tantorum secretorum multos viros ingeniosos naturalibus scientiis doctissimos , et ad earundem medicinarum practicas disposi●issimos a multis diebus hucusque abduxit , abstrarit , et detrabit in praesenti , ne ipsi in poenam incidant cujusdam statuti , tempore regni * henrici abi nostri contra multiplicatores editi et provisi . quapropter congruum et expediens bisum est nobis , viros aliquos ingeniosos in scientiis naturalibus sufficienter imbutos , et ad practicandum dictas medicinas benevolos et dispositos , qui timeant deum , veritatem diligant , et opera deceptoria , et fallaces tincturas metalicas odiant providere , eligere et assignare , quorum securitati , indempuitati ex quieti sufficienter et nostra auctoritate et praerogativa regali probideamus , ne vel dum in opere et practica fuerint , vel post eorum labores et diligentias occasione hujusmodi practicae quovismodo perturbentur , inquietentur aut damnificentur in personis aut bonis suis , seu eorum aliquis perturbetur aut inquiete●ur in aliquo . nos igitur confidentes de fidelitatibus , circumspectionibus , profundis scientiis et benevolentiis egregiorum virorum johannis fanceby , johannis kirkeby , & johannis rany , in scientiis naturalibus eruditissimorum , elegimus , assignavimus , nominavimus , et licentiavimus ipsos omnes ex singulos , et er nostra regali praerogatiba , authoritate , et certa scientia ipsis , et eo●um cuilibet potestatem , authoritatem , libertatem , warrantum ac licentiam damus et concedimus specialem per praesentes , ad omnes et singulas medicinas praedictas juxta scientias et discretiones suas et sapientium , antiquorum doctrinas et scripta , conjunctim et divisim inquirend . investigand prosequend . perficiend . et complete proband . necnon transmutationes metallorum in verum aurum et verum argentum faciend . et exercend . statuto praecicto aut quocunque alio statuto poenali in contrarium , vel contra multiplicatores edito seu proviso , non obstante . dictos insuper johannem , johannem & johannem , ac etiam servitores suos qu●scunque , qui sibi , aliquibus , aut alicui eorum in hujusmodi practicae deserbierint ratione hujusmodi praxis , et quemlibet eorum in defensionem nostram , ●uitionem et pro●ectionem nostram specialem ponimus et suscepimus per praesentes ; omnibus et singulis iudicibus , iusticiartis , vicecomitibus , majoribus , ballibis et constabulariis , officiariis , ministris , beris ligeis et subditis nostris quibuscunque inhibentes , ne ipsi eisdem aut eorum alicui , praetextu dicti statuti , aut cujuscunque alterius coloris quaesrti , dum in practica praemissarum medicinarum aut alicujus eorum laborantes fuerint , aut aliquis eorum laborans fuerit , seu post complementum aut dimissionem practicae earundem occasione hujusmodi praxis , ullum gravamen , impedimentum , seu perturbationem quamcunque imponant aut inferant , seu permittant inferri , seu aliquos eorum alicui ex eis imponat , inferat aut permittat inferri : et si aliquid tale fiat ( quod absit ) mandamus omnibus officiariis et ligeis nostris , sicut nos timent et diligunt , quod sine mora tale emendetur gravamen , sub poena in nostram gravem indignationem incurrendi , ac forisfaciendi nobis omnia quae nobis forisfacere poterit , quicunque hiis nostris scriptis contraveniens fuerit aut rebellis . ex habundanti insuper dicimus et declaramus , quod intentionis nostrae regalis est , quod hae literae nostrae patentes valeant et sufficeant eis omnibus et eorum cuilibet , necnon serbitoribus suis ut ipsi securi , quieti et indempnes sint , et conserventur ab omnibus vexationibus et inquietationibus , quae contra eos aut eorum aliquem qualitercunque ex quacunque occasione cujuscunque statuti , contra multiplicatores editi seu provisi possent inferri . in cujus , &c. teste rege apud westmonasterium die maii. per ipsum regem , & de dat . praedicta auctoritate parliamenti . rex omnibus ad quos , &c. salutem . sciatis , quod quia nobis expo●●tum est , * aliqua fore media licita et honesta , per bonam polliciam practicabilia , quibus mediantibus infra paucos proximo futuros annos omnibus nostris creditoribus bonae fidei condenienter satisfieri poterit de singulis suis debitis bonis et legalibus in bona pecunta numerata de auro et de argento , cum magna utilitate universalis reipublicae . nos totis viribus utilitatem publicam cum omni favore prosequi affectantes , nec volentes tantum bonum universale sub silentio inexpertum pertranfire , plenarie considentes de fidelitate et industria , perspicuitate atque bona diligentia dilectorum nostrorum magistri thomae hervei ordinis fratrum augustinen . magistri roberti glaselay ordinis fratrum praedicatorum in cantabrigia , magistri willielmi atclyffe physici reginae charissimae conthoralis nostrae , & magistri henrici sharp magistri in collegio sancti laurentii de pontiguico london , thomae cook alderman . london , johannis fyld fyshemonger , johannis yonghe & roberti gayton grocerorum , johannis sturgeon & johannis lambert mercerorum london . ipsos pariter et eorum quemlibet per se , tam conjunctim quam divisim , ex deliberatione consilii nostri , commi●●imus et deputavimus , commi●●imus et deputamus per praesentes , ad attente audiendum et vigilanter sapiendum pro investiganda veritate super hiis quae in praemissis et circa praemissa erunt eis tam verbis proposita quam in scriptis ministranda , cum suis circumstantiis , viz. si res in se sit factibilis , et utrum majus commodum vel incommodum nostrae reipublicae inde fuerit proventurum ; habito ( st egeant ) in hac parte consilio ab aliis expertis , quos duxerint consulendes . dante 's eisdem commissariis , et eorum cuilibet per se , specialiter in mandatis per easdem praesentes , quatinus hanc commissionem cutae habeant , et quamcitius debitae executioni demandent . et quicquid in praemissis cum suis circumstantiis ipsl aut aliqui eorum conjunctim , vel alter ipsorum separatim et divisim per se in hac materia egerint et reperierint , cum opinionibus suis , unus alterum non expectando , referant nobis aut consilio nostro per bonam declarationem in scriptis , infra primum diem menstis maii proximo ve●turi ; et in hiis talem adhibeant diligentiam , ut de prompta obedientia mereantur apud nos commendari ; et quod intellectis opinionibus eorum , cum maturo const●io ulterius procedere valeamus ad effectum . mandamus praeterea omnibus et singulis officiariis et subditis nostris , quatinus commissionariis praenominatis vel duobus ipsorum ( si requisiti fuerint in hac parte ) pareant efficaciter et intendant . in cujus , &c. teste rege apud coventr . die martii . per breve de privato sigillo , & de dat . praedicta authoritate parliamenti . although all these patents , commissions for discovery of the philosophers stone ( to make a transubstantion of one sort of metal into another , which hath more affinity between them then christs natural body with bread ) for the profitable publike ends therein specified , proved altogether abortive for ought i find ; yet this antient duty of avrvm reginae being no aerial whyms●y , but an approved real revenue which hath brought in much gold and treasure to several queens in former ages , will questionlesse produce some real gold coyn to her majesties treasury every year , if her highnesse by the kings advise and assistance shall judge it expedient as well as it is just , legal to demand and levy it for the future out of all fines and oblations for which it is legally due , though there may be prudential reasons to remit all or most of it for what is already past , since the solemnization of her royal nuptials to his sacred majesty . a chronological catalogue of the queen-consorts of this our realm mentioned in this tractate , who received or claimed this duty of aurum reginae . st . helena , daughter and heir of king coel , queen consort to the emperor constantius , anno dom. . here , p. , . eleanor , daughter of william duke of aquitaine , queen consort to king henry the . p. , . isabel , daughter and heir of aimer earl of angolesme , queen consort to king john , p. , , . eleanor , second daughter of raymond earl of provence , queen consort to king henry the . p. , , , . eleanor , daughter of ferdinando the . king of castile , first queen consort to king edward the . p. , to , , , . margaret , eldest daughter of philip the hardy king of france , second queen consort to king edward the . p. . isabel , daughter to philip the fair king of france , queen consort to king edward the . p. , , , , , , , , , . philip , daughter of william earl of henault and holland , queen consort to king edward the . p. , to . , to . anne , daughter to the emperour charles the th . queen consort to king richard the . p. , , . joane , daughter to charles the first king of navarre , queen consort to king henry the th . p. , , , . katherine , daughter to king charles the sixth of france , queen consort to king henry the th . p. . margaret , daughter of renate king of jerusalem , sicily , and arragon , queen consort to king henry the . p. , . elizabeth , daughter of richard woodvill , earl rivers , queen consort to king edward the th . p. , to . elizabeth , eldest daughter of king edward the th . queen consort to king henry the th . p. , . katherine , daughter of ferdinando the sixth , king of spaine , first queen consort to king henry the . p. . anne , daughter to sir thomas bullen earl of wiltshire and ormond , second wife to king henry the . p. . katherine , daughter of sir thomas parre of kendall , marquess of northampton , sixth and last queen consort to king henry the . p. . anne , sister to christianus the th . king of denmarke , queen consort to king james , p. , , . henrietta maria , daughter to king henry the th . of france , queen consort to king charles the . p. . a chronological catalogue of the clerks , collectors , and receivers of aurum reginae , in the court of exchequer , herein mentioned . alexander de lucy ; an. johannis regis , p. . alexander de resham , an. johan . p. . lau●entius de castellis , an. & henr. regis . p. . johannes francigena , or franciscus , an. & henr. . p. , . robertus de thaury , an. & henr. . p. , . johannes de whitebergh , an. henr. . p. . johannes de water●le , an. edw. regis . p. , . walterus de cantia , an. edw. . p. . benettus de winton , judaeus , an. edw. . p. . willielmus de wallie in hibernia , an. edw. . p. . johannes de berewyke , an. to edw. . p. , to . walterus de castello , an. edw. . p. . johannes de godeleye , godele , or de godesley , an. edw. . p. , , . johannes drury , an. edw. regis . p. . robertus de hoten , an. edw. . p. . johannes de oxenden , an. edwardi regis . p. . johannes eston , or de eston , an. & edw. . p. , , . rogerus de cloune , an. edw. . p. . johannes cooks , an. edw. . p. . sire johane tabby , an. ● henrici regis . p. . geffray paynel , an. henr. . p. . thomas dokes , an. henrici regis . p. , . thomas crooke , & willielmus essex , an. henr. . p. . nicholaus lathel , & robertus calderot , deputatus ejus , an. & edwardi regis , p. . thomas stydolfe , an. & edw. . p. . johannes icham , an. & edw. . p. . edmundus chaderton , an. henrici regis . p. , . richardus deacons armiger . an. to henrici regis . p. , . griffinus richards , an. henr. . p. . georgius taylor , an. or henr. . p. . a chronological catalogue of queens attorneys herein mentioned . walterus de kancia , an. edwardi regis . p. . thomas de clough , or clogh , an. & edwardi regis . p. , , , , , , . walterus campeden , an. edw. . p. . johannes de hedyndon , or edyndon , an. edw. . p. , . johannes de holt , an. & edw. . p. , , , . johannes crooke , & willielmus essex , an. henr. . p. . johannes i●ham , an. & edw. . p. . mr. herbert , an. caroli regis . p. , . finis . errata . pray correct these errataes at the press in some copies . pag. . line . for communicata read communitati , p. . l. . margaret r. isabel , p. . l. . in r. ne , l. . destre evaunt r. desore en avant , p. . l. . a r. autem , l. . regio r. regis , p. . l. . omnia r. omni , p. . l. , . for katherins his mother r. joan his grandmother . notes, typically marginal, from the original text notes for div a -e a eliz. c. . eliz. c. . ja● . c. . b the first , second , and third tomes of an exact chronological vindication , and historical demonstration , &c. london ● , , & . c here p. , ▪ d car. . ch & car . ch . . e see page . f see pag . , to . notes for div a -e a reports p. , . b institutes p. ● . c in my epistle to an exact abridgement of the records in the tower. in my brevia parliamenta●ia part , , , . my plea for the lords . the first and second part of my demurrer to the jews remitter into england . * an exact collection of the records in the tower. my ●lea for the lords and house of peers the , , , and part of a brief register and survey of parliamentary writs . the ●art of my demurrer to the jews long discontinued remitter into england . the ● , & t●●e of my chronological v●nd●cation , and historical collection of our british , roman , saxon , da●ish , norman , english kings supreme ●●cleslastical iur●sdiction , &c. * placita parl. anno e. . claus e. . m. . claus . e. m. . pat. e. . pars . m. . claus . e. . pars . m. . dorso . claus . e. . pars m . dorso . claus . e. . m. . intus . claus . e. . m. . intus . pat. e . ● die maii. pat an eliz. die junii . pat an. jac. decemb. & jac julii . notes for div a -e a cooks instit . f. . , ash his repertory , ●it . praerogative , sect . , , , , , & the books there cited . b mr. se● dens titles of honor , part . ch . sect . . p. , , . b printed london , . p. , . notes for div a -e c plin. nat. hist . l. . c. , , , . d augustinus , cassiodorus , & others , enar. & exposit . in psal . ● . ( alias ) ● v. . e operum , pag ▪ ●● . de fine auri ▪ f see cotgraves dictionary , tit. besant . gul. somneri , glossarium , & dr. wats his glossarium , tit. bizantium g radulphus de di●●to , ymagines hist . col . , , . h see fines , johann . an. h . m. . & an. h . m. ▪ &c. i psal . . . k esth . . . ch . . c. . . l psal . . . . * mr. seldens titles of honor , part . . ch . sect . , . m kings . . n kings . , . o kings . . ch . . , . p eccles . . . q psal . . , , . r ●ay . . ſ mat. . , to . t ●ee the d tome of my historical vindication , p. . to . x de stella & magis ▪ &c. operum tom. . edit . pamelii , p. . y kings . . . z kings . , . a pat. h . pars . m. . pat. e . m. . pat. ● e . m. . pat. e . pars . m dors . pat e . pars . m. . fines e. . m. . cl. e . m. . pat. r. . pars . m. ▪ plowdens com●ment . f. , to . brook prerogative , , . notes for div a -e b scriptorum britanniae , cent. . c. . . p. . * recorded likewise in the black book of the exchequer , a duplicate thereof . c sir edward cooks reports , p. , . * psal . . , , . pe● . . . d ff . de legibus , l. . princeps . ff . de jure fisci , l. . mr. seldens titles of honor , part . ch . . sect . p. , , . † vid. gervas . tilber . ms. in recept . scac. et acta publica de re saepius . * as the charter , patent , & clause rolls abundantly evidence . e operum , pars p. . f rom. . , . mat. . . notes for div a -e * see littleton , sect . , . & cooks institutes , f. . notes for div a -e anno h. . & christi . * neither the red , nor black book was compiled by gervasius , they containing many things done long after his death . * lib. niger in scac. p. , . * id est , de condonatione . * oblata regi in rem . see the pipe rolls of h. . r. . k. john , h . e. , , , &c. tit. oblata , nova oblata , oblata curiae , & promissa . a see tho. walsingham , ypodig neustriae , p. . b see mr. seldens title● of honor. part . ch . . sect . , , , . ulpian , ff . de legibus , l. . princeps , ff . de jure fisci , l. . c capgrave , petrus ribadeniera , and others in her life . my historical & chronological collection , tom. . p ▪ to . , . d justinian , c. de donat. inter vir . & uxor . l. . capgrave , ribadeniera , & others that write of her . e historiae , l. . p. . f ecclesiast . hist . l. . cap. , , . g fleurs des vies des saints part . p. , . h ecclesiast . hist . l. . c. . see sozomen● ecclesiae hist . l. . c. . & mr. seldens titles of honor , part . ch . i part . ch . . . p. , . k part . ch . . sect. . p. , , , , to ● . king john. oblata , an. . johan . m. . intus , pars . oxon. r. aurum . claus . johan . regis , m. . in turri london . ibidem , m. . claus . johan . regis , m. . in turri london . an. regis johan . in magno rotulo in officio pipae in scacc. anno ● johan . regis in scaccario . essex . hertf. rot. . sussexia , rot. . civitas linc. rot. . an. johan . regis in scac. bukingham & bedf. n. . dors . & sum. mers . n. . suthampton , n. . an johan regis in scac. suthamt . n. . bukingham & bedef . n. . an. johan . regis in scac. buckingham & bedeford . n. . ●erchscir . n. devonia , n. . * see matth. paris , matth. westm . polychron . holinshed , fabian , polydor virgil , speed , daniel , grafton , an. . & ult . of king john. * rot. finium an. johan . regis . k. henry . * mat. paris , walsingham , polydor ▪ virgil , holinshed , speed , daniel , an. . & h. . * pat. r . pars . m. . ex lib. rubr. f. . anno h . claus . h . m. . de laurentio de castellis assig . ad recipiend . aurum reginae . trin. h . in scac. plac. mich. h . rot . in fine . in offic. r. in scac. de term. s. hill. an . h. . rot . . in scac. in offic. remem . d. regis . pro herveio de stafford de auro reginae . fines h . m. . finis johannae quae fuit uxor hugonis wake , in turri london . fines h . m. . in turri lond. pro executoribus willielmi de percy . fines h. . m. . in turri lond. de instauro de debitis regis retinendo . claus . h. . m. . in turri london . de auro reginae recipiend . & custodiend . claus . h m. . in turri lond. pro respect● pro communitates de com. cestr . cl ▪ h. . m. . in turri london . de auro reginae custodiendo . de term. s. hil. anno h. . in offic. rem . scac. de term. s. hil. h. . rot. . scac. in offic. rememo regis . pro rege de o●●icio commissa . com. de ter. s. trin. an. h. rot . . leicestr . in offic. rem . regis . trin. h . rot . . ex parte remem . regis . lond. de aur. reginae pro civibus london . * term. s. michaelis , an. h . rot . . ex parte remem . regis in scac. de term. s. mich. an h. ▪ in eodem offic. pro civibus london de auro reginae . breve venit die merc. prox . ante sestum ● . edmundi de civitate liberanda , ibidem , ter - min. s. mich. an . h . rot . . dorso . coram baronibus pro philippo besset . de termino pasch . an . h. . rot . . in offic. rem . regis in sca. pro johanne de ramesey canonico s. pauli london . pat. h. . m. . in turri london ▪ pro alianor . consorti e. filii regis . term. trin. an. h. . rot . de custode auri reginae , in offic. rem . regis in scac. edward . inter com. de term. s. hil. an . regis e. . rot . . in dorso , ex parte remem . regis de aur. reginae inhibito per consil . regis . inter com. de term. pasch . anno e . rot . . in dorso in offic. rem . regis in scac. pro episcopo winton . de auro reginae . * here , p. . term. s. hil. an. e. . in offic. rem . regis in scac. see mr. hackwils treatise of queen gold , ms. de term. s. trin an . e . in offic. rem . regis in scac. baron . pro alienora consorte regis . ibid. baron . pro auro reginae . inter communia trin. e . rot . . in dorso . de provisione auri reginae . * which i find not now extant in the rolls , but in mr. hackwils treatise of queen-gold . term. s. mich. an . e . rot . . in offic. remem . scac. baronibus scaccarii pro baronibus quinque portuum . ex rot. liberate an . e . m . in turri london . de magistr . thoma de cheddeworth . rot. vasconiae , an . e . m. . n. ● . in turri lond. pro regina angl consorte regis . ex rot. fin. de an . e . m. 〈◊〉 in turri london . de bo●esey , de crikelade , jud●o . mich. e . finiente , rot . . dorso . in offic. r. in scac. baronibus pro a. regina angliae , consort regis . an. e . maii , printed in christopher vernons considerations f●r regulating the exchequer lond. . p. , . rot. pat. e. . m. . in turri london . pro willielmo johannis . in mag. rot. in offic. pipae in scac. anno ▪ e . ibidem , anno e . inter recorda d. regis car. . in thesauro receptae scac. sui sub custodia thes & camerar . ibidem remanen . sic contin●tur ut lequitur . ex rot. claus . e . m. . 〈◊〉 turri london . pro bogone de clare . * placita parl. an. e . n. . see rylyes placita parl. p. , . & the . part of ▪ my brief register & survey of parliamentary writs , p. , to . term. mich. & e . in offic. rem . regis in scac. inter brevia direct . baronibus petitiones , certificationes & record . de litera margareta reginae angliae pro auro suo custodi●nd . litera patens ejusdem reginae pro eodem . edward . in magno rot. scac. anno e . in custod . clerici pipae , &c. term. mich. an. e . in offic. rem . regis . in scac. term. s. mich. e . in offic . rem . regis in scac. aurum debit . reginae super omnibus obligationibus pro pecuniis sponte fact . regi . * libro nigro & rubeo , here , p. , . pasch & mich. e . inter brevia directa baronibus in offic. rem . regis in scac. aurum reginae . mich. e. . rot . . baronibus pro isabella regina angliae in offic rem . regis in scac. edward . inter brevia directa baron . de●erm . pasch . anno e . rot . bar. pro isabell . regina angl. oxenden . mich e . in offic. rem . regis in scac. & mr. hackwils treatise of queen gold * b●evia hill. e . in offic. plac. in scac. & mr hackwils treatise , de ●uro reginae . pro custodia terrae habend . & maritag●o haeredum , infra aetatem . † memorand . de an. e . in scac. & brev. e . offic. plac mr. w. hackwils treatise de a●uro reginae . pro maritagio haered . habendis . * ibid brev. hil. e . brev hil. ibid. pro licencia a. lienandi terras . ibid p●o pardonat habenda . inter brevia directa baron . de term. paschae , anno e . rot . in offic. rem . regis in scac . baron . pro philippa regina angliae . inter com de term. s. hil. an e. . in offic. rem . regis in scac. de certificatione facta de modo levationis auri reginae . * libro nigro & rubro , † gervas . t●beriensis * see here , p. , . anno e . hil. e . rot . . in offic. remem . regis in scac. de denar . receptis de radulpho de nevil de auro reginae . ●placita coram baronibus de scaccar●o de crastino s hil. an e . in offic. plac . in scac. dorso surr. suss . 〈◊〉 . * see mr. william hack wils treatise of queen-gold . * here , p. . † not extant in an. e . as mr. hack●will cites it . glouc. 〈◊〉 . placita coram baronibus de scaccar . de crastino claus . pasch . anno e . in offic . clerici plac. in scac. philippa regina . oxon. 〈◊〉 . placita coram baronibus de scaccario , de crastino claus . pasch . anno e. . ibidem essex , ss . philippa regina , e. . ibidem kanc. ss . ibid. ter. trin. kanc. ss . placita coram baron . descaccar . de s. tr. anno e . philippa regina angliae . placita coram baronibus de scac. de crastino claus . pasch . anno e . eborum ss . placita coram baronibus de scaccario . de qu●nd puri● . b. mariae , an. e . in offic clerici plac. in scac. placita coram baronibus de scac. de s. johannis baptistae , anno e . philip. regina . ibid. mich. e . placita coram baronibus de scaccario de quinde●● s. martini , anno e. . ibid. pro w. de dalton , de auro reginae . ibidem . placita coram baronibus in scac. term. s. mich in . s. martini , an. e . in offic. cle●ici plac. northt ss . philippa regina . ibidem . adhuc de crastino clau● . pasch . an. e . northt , ss . philippa regina . ibid. warr. & leic. philippa regina . placita coram baron . de scaccario de paschae anno e . placita coram baronibus de scaccario de octab. s. mich. e . ibid. glouc ss . philippa regina . an. e. ● . in octab. s. mich. an. e . in custodia remem . regis . bed. & bncks. placita coram baronibus de scaccario , de crastino sancti mich. e. ● rot . . dors . in offic. clerici pipae . pro thomae de musgrave versus philippam reginam . claus . e . pars . m. . in turri london . de auro reginae in terra hibern , levando . * nota. placita coram baro●ibus de scacario . de termino paschae e . rot . . in offic. cleric . plac. in scac. inter brevia direct . baronibus de scaccario de term. s. mich. anno e . rot. . in offic. remem . regis in scacc. rotel . not. salop. in compoto vic. lanc. de an. e . in mag . rot. in offic. pipae in scac. tr. e rot . . in scac mr. william hackwils treatise of queen-gold . inter originalia . wygorn . inter com de term mich. an ● e. . in offic. rem . regis in scac. de priore ecclesiae christ● cant. & aliis exonerand . de auro reginae . * see here , p. , ● . inter com de term. s. hill. e . ex parte rem . regis . de one●ando priorem de penteney de auro reginae . ibid. de onerando nich. de ●ynecle , vi● . de auro reg●nae . ibid. de onerando ricardum de wydevyll vic. de auro reginae . de onerando willielmum de wynterbourne vic de auro reginae . de onerando roge●um beler vic. de auro reginae per ipsum in man●m regis● capt . de onerando thomam de fulnetby vic. de auro reginae per ipsum in manum regis capt . inter com. de term. hii . e . in scac. de onerando tho. strete de auro reginae . ibidem . essex , de onerando tho. de bas●ingbourne vic. de auro reginae per ipsum in manum regis capt . ibidem . northumbr . de onerando . ricardum de horsley vic. de auro reginae . inter communia de termino paschae an. e. . in offic. rem . regis in scac. de onerando johannem vyel vicecomitem de auro reginae per ipsum in manum regis capt . inter communia de termino s. hillarii de anno e. . de onerando antonium de la vale de ast de l. de auro reginae . eborum . northten . de an. e . it. northt . de eod . anno 〈◊〉 * here , cited p. , . k. richard inter communia de termino s. mich. an r . in offic rem . regis in scac. london . pro waltero deget & willielmo kyngstret vic. london . & midd esex . onerand de auro reginae per ipsos in manum regis capto . gloucestr . tho. brudnell vic. de onerando de auro reginae per ipsum in manum regis captum . rot parl. r . in turri london , num , . brevia trin. r in offic . plac. mr. hackewils treatise of queengold . pro concessione ad manum mortuam . placita coram b●r●nibus de scaccario de term. s mich. r in offic. clerici plac. norff suff ss pro regina angliae . ibidem , placita coram baro●ibus de scaccario , de termino pas chae , an r . pro regina ang●iae . ibidem norff. & suff. ss pro regina angliae . ibidem . rotel . ss pro regina angliae . ibidem . kanc. ss . pro regina angliae . ibidem . essex . & hertf. ss pro regina angliae . heres . ss . pro regina angliae pasch r. . in offic. placitorum pro ratificatione doni . mr. hackewils treatise of queen-gold . placita coram barombus de scaccario . de term. paschae r. . in offic plac. scac. oxon , berks , ss pro regina angl de inhib . facta vic. ibidem surr. sussex , ss . inhibit facta vic. pro regina angliae . pasch r . rot in offic. rem . regis in scac. ex ms. w. b. devonss . * non f●it paratus . r . nu . brevia rem . thes . in mr. hackewils treatise of queen-gold . k. henry . placita coram baronibus de scac. apud westm . de term. pasch . h . rot . . in offic. cler. plac. pro regina quer . versus simonem o●●e priorem prioratus de pa nstapl defend . in placito detentionis auri reginae , per breve . de quodam brevi & quadam sccdu●a de diversis finibus in camera regis fact . ad scaccar . liberat . pro executione faciend . pro auro reginae ●rrotulat . * here , p. , . * adquirendum . k. henry . inter communia de termino s. mich. an. h. . rot . . ex offic. rem . regis in scac literae patentes johannae reginae angliae fact . galfrido pay●ell de officio thes . & receptoris ejusdem reg●nae . k. henry . inter brevia directa baron . de termino hill. h . pro johann● croke , & willielmo essex . inter brevia direct baron . de termino pasch . anno h. . rot . ● . ex parte rem . regis . pro margareta regina angliaeo k. edward hill. e. . in offic. rem . regis . brevia pro auro reginae de term. paschae anno e . warr. leic. orig. de dicto anno quarto , rot. . brevia de anto reginae de termino s : trinitatis . an. praedicto , northumb . oxon. berk. novum castrum . civitas eborum . lincoln . lincoln . somers . & dors . civitas lincoln . ebornm . somerset . dorset . essex . &c. hertford . cantabr . & hunt. kanc. essex , hertford . wygorn . warr. leic. * de termino sanctae trin. an. e . london . london . de termino s. mich. anno e. . norff. suff. norff. suff. salop. kancia . de termino sancti hillar . an. e. . warr. norff. & suff devon. surr. sussex somers . southt . somerset . southt . * there are very many fines imposed for this cause , an. e . in offic. rem . regis . norff. suff. london . mid. eborum . lincoln . eborum . oxon. berks. de termino s. trin. e lond midd. warr. leic. 〈◊〉 somers . do●s . cornub. norff. suff. surr. sussex . devon. wygorn . norff. oxon. berks. ebor. warr. leic. sussex . bedf. buck. term. sanctae trinitatis an. edw. . ebor. lond. midd. ebor. lincoln . oxon. berk. devon. norff. london . mid. brevia retorn . de termino paschae anno e . surr. sussex . somers . dors . norff. suff. cornub. somers . oxo● . essex . surr. kanc bristoll . warr. leic. somers . dors . eborum . northt . nott. derb. wiltes . devon. * see an. & edw. . in offic. rem . regis in scac. very many fines made for not taking the order of knighthood . not. derb. oxon. berk. devon. surr. sussex . sussex . somerset . norff. suff. cantab. hunt. somers . dors . oxon. berks. lincoln . eborum . surr. sussex . bed. buck. bed. buck , n●tt . derb. heref. somers . glouc. essex , heref. cant. h●nt . hunt. eborum . heref. norff. suff. wilts . 〈◊〉 . mers . salop. eborum . norff. essex . southt . essex . hertf. lond. midd. norff. suff. devon. cornub. london ▪ mid. cant. midd. wiltes . wiltes . norff. suff. surr. kanc. norff ▪ suff. kanc. oxon. berk. ebor. leic. london . norff. suff. essex , hertford . london . mid. b●d . buck. kanc. salop. cant. oxon. * so they stiled this undutiful arch-traytor to his king and countrey . hereford . hereford . north. norff. suff. cant. cant. hunt. lond. midd. suthampt. lincoln . wiltes . eborum . wiltes . bedd . buck. sutht . wiltes . hertf. lond. w. b. ms. * fabians chronicle part . p . raphael holinsheds chronicle vol. . lond. . p. . john stow his annals london . p. . richard graftons chronicle london . p. , . trin. e . midd. ss . pro eliz. regina angliae , quer . versus robertum radclyff armig. nuper vic. norff. & suff. defend . in quodam plac. debiti per billam . k. henry . * cent. script . brit. cent. . c. ● . † vitelnus . d. . * jocelinus de brakeland , chronicon caenobii s. edmundi buriensis in bibliotheca cottoniana ms. c. . vitelius d. . * here , p. , . king john. an. regis johan . an. regis johan . an. regis johan . stafford . an. regis johan . k. henry an. h in offic. rem . regis in scac. brevia direct . baronibus pro rogero de bohun , mr. hakewils treatise of queen-gold . an. h . in offic. rem . regis in scac. mr. hackwills treatise of queen-gold . † here , p. . * in libro london ms. inter capit. cartar . de temp . regis h. . c. . in custodia joh. cotton militis nero , a. . cited also in mr. attorney herberts , & w. b. his collections concerning queen gold . k. edw. . mich. an. e . in offic. rem . regis in scac. rot . dors . baronib●s pro alienora regina angliae matre regis . de crastino sancti mich. kanc. de term. sancti mich. ibid. m. . dorso . essex . ex rotulo clausarum anno e. . in turri london . m. . pro regina consorte regis . ex rotulo placitorum de octab. sanctae trin. anno e. . in turri lond. surr. * statutum de districtionibus scaccarii , an. h rastals abridgement distresse . articuli super chartas an. e. . c. . vet. nat brev. f. b. register of writs . b temps edw. . fitz. avowry , , & . bracton l. . f. . fl●ta l. cap . britton f. . & . co●ks instit p. , , fitzh . natura brev. f. , , , b & b e. . action sur stat . e. . , ● e. . . e. . . h. . br. action sur stat . dyer eliz f. . pl. . ex registro monast , burgi sancti petri in custod . com. exon. f . a. circa an. e. . see here p. , . * carta in custodia dom. roberti cotton militis , tempore regis edwardi . k. edw. . anno e. . custodia filiae & haeredis . licentia alienandi . licentia acquirendi . pro concelamento . pro licentia maritandi . pro custodia & maritagio . pro transgress . pro transgress . licentia alienand . pro transgress . de terris concessis pardonatio transgressionis . pro conspiratione . pro maritagio . pro licentia maritandi . pro conspiratione . pro licentia adquirendi pro transgress . pro custodia & maritagio . pro licentia adquirendi . pro maritagio . pro transgress . ne transfretaret . pro relevio . ne transfretaret . pro maritagio . pro licentia alienand . ne transfretaret . pro custodia terrarum . pro transgr . pro terris rehabendis . de transgr . pro maritagio pro transgr . pro maritagio pro licentia ad propria redeundo . * here , p. , . pro philippa regina . inter communia de an. e . johannes de weston vic. in offic. rem . regis in scac. philippa regina . adhuc de quindena paschae anno e. . * here , p. , . * here , p. , . adhuc de quindena pasch . anno e . regis . glouc. ss . ibidem . devon. ss . placita coram baronibus anno e . in offic. clerici placitorum . de quindena paschae sussex ss . philippa regina . de crastino paschae . an. e. . ibid. warwick ss . sussex ss . london ss . cant. & hunt. ss . pro philippa regina anglia . ebor. ss . pro philippa regina angliae . salop ss . pro philippa regina . k. rich. . ex rot. parl. tent . apud wesim . in crastino animarum , anno r. . in turri london . a fabian , caxton , holinshed , speed , graston , stow , daniel , and others in an. & h. . b here , p. , . communia de termino s. mich. h. . rot . in dorso essex ss . literae regis patens thesaurario in offic. rem . regis in scac. k. henry . inter communia de termino s trinitatis h rot . dorso in offic. rem . regis . literae patentes eliz reginae angl edmundo chadderton clerico de officio gen. recept . ipsius reginae confect . cum vadi●s & feodis eidem officio debit . * here , p. . k. henry . placita coram baronibus inter communia de termino s. mich , an primo regis henrici octavi , rot. in dorso . literae dominae katherinae reginae angliae patentes factae richardo deco● armigero de officio generalis receptoris ipsius reginae irrotular . a treatise of queen-gold , & w. b. his collections . b w. b. ms. c mr. william hakewils treatise of queen-gold . & w. b. ms. d in his treatise of queen gold . king james * jacobi , ch . . ●speeds history anno jacobi . * see spel●manni glossa●ium , p. . julius , c. . * in the court of exchequer ▪ ( not the tower ) some whereof i cannot yet meet with ; and to which i have here added many more out of the exchequer records themselves . * cooks reports , part . . pag. , . pasch . . jac. regis . aurum reginae . resolution . * here p. . k. charles . per hillar . record . an. regis car. . rot. . ex parte rememorat . regis . * pat. e . m. dorso . pat. e . m. dorso . pat. e . pars . dors . claus e . m. . pat. e. . m. . pat e pars . dors . pat. e . pars m. & dors . . pat e . pars . m. . pro com. lanc. & dorso . . * caroli . cap. . † car. . c. . * pat h . pars . m . pat. e . m. ● . pat. e . m . fines e . m. . fines e . m. , . pat. e pars . m. dorso . fines e . m. . fines e m. . pat. e . pars m. . pat. r. . pars . m. . plowdens commentaries , case of mines ▪ f. , to . † plowden , f. . * pat. e . pars . m . pat. e . pars . m. . fines e . m. . pro rege de auro fodenda . * the clear , , , , or th part of pure gold & silver hath only been reserved to the king by subsequent patents , plowden f. , , , , , , . * leges edwardi confessoris lex . gal. neubrigensis , hist . angl. l. . c. . chron. johan . bromton , col . , , . mat. paris hist . angl. p. , , . parl. h. . nu . . parl. h . n. , to . . parl. r. . uu . . parl. . h. . nu . . parl. h. . nu . , , . & cap. . h. . nu . . parl. h. . nu . . parl. e . n. . parl. e . nu . . a baptista mantuanus ecloga quinto , johan . balaeus cent. scriptor . brit. . p. . b pro sacrilegio , surto , incendio , ra●ina , perjurio , & similibus , absolutio cum rehabilitate in ampla forma , cum inhibitione in quolibet dictorū criminum . turon . . duc. . absolutio à lapsa cujus super quocunque actu libid inoso cemmisso per clerum , e●●am cum moni alibus infra et extra septa monasterii , aut cum consanguinets vel affinibus , vel fflia spiritualii , s●u quibuscunque aliis , sive ab unoquoque per se , sive simul ab omnibus absolutio petatur , cum dispensatione ad ordines et beneficia cum inhibitione . turon . , duc. . si verò cum illis petatur absolutio ettam a crimine commisso contra naturam , vel cum brutis , cum dispensatione ut supra , & 〈◊〉 inhibitione . turon . . duc. . car. . si verò petatur tandem absolutio a crimine contra naturam , vel cum brutis , cum dispensatione & cum inhibitione . turon . . duc. . absolutio pro moniali quae so permist plutes cognos●● , infra et extra septa monasterii , cum rehabilitate ab dignitates illias ordinis etiam ablatorum . turon . . duc. . wolfgangi musculi , loci communes , p. . johannes lydii ad nich. clemang . analecta , p. , . nich. clemangiis de corrupto ecclesiae statu , cap. , . cornelius agrippa de vanitate scientiarum , cap. . alvarus pelagius de planctu ecclesiae , lib. . artic. . & . claudius espencae is de continentia , lib. . cap. lib. . cap. , . lib. . cap. , to . c gratian de consecratione , distinct . . thomas waldensis doctrinale fidei , tom. . de sacramento eucharistiae , cap. ● . & tom. de missae sacrificio , cap. . concilium tridentinum sessio de sacramento eucharistiae . bellarmin , and sundry others in their books de sacramento eucharistiae & missa . d mat. , , , . mar. . , . luk. . , , . cor. . . ch . . , , . e mat. . , . luk. . , . ch . . , to john . , , to . ch . . , to . acts . , , , , . ch . . . ch . , , . cor. . , to . john . , . f thomas aquinas part . qu. . petrus aureolus in . distinct . . qu. . angelus de clavasio summa angelica , tit. eucharistia . sect . . & . & sect . paschatius ratbertus , de corpore & sanguinis domini , cap. . willielmus malm●sburiensis de gestis regum angl. lib. . p. . see the second tome of my exact chronological vindication , p. , , , . ex rot pat , an. h. . pars . m. . pro edmundo de trafford , & thoma asheton militibus . ex rot. pat. an. h. . m. . ibid. m . pro johanne fanceby , & aliis . * vid. faschae ed. . dyer f. a. * viz h. . c. . none from henceforth shall use to multiply gold or silver , or use the craft of multiplication ; and if any the same do ; he shall incurre the pain of felony . vid cookes institutes , cap. p. . pasch . e . dyer , f . a. plowdens comment . f. . ex rotulo patentium de anno h. . memb . . pro magistro thoma hervei & al. * a project never so seasonable , or necessary as now . the suffering case of william gutheridge, of banwell in sommersetshire, truly stated, and committed to the tender consideration of all true english men gutheridge, william, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the suffering case of william gutheridge, of banwell in sommersetshire, truly stated, and committed to the tender consideration of all true english men gutheridge, william, d. . sheet ([ ] p.) s.n., [london? : ] in a litigation with james crosman. imprint from wing. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gutheridge, william, d. -- early works to . crosman, james -- early works to . taxation -- england -- early works to . tithes -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the suffering case of william gutheridge , of banwell in sommersetshire , truly stated , and committed to the tender consideration of all true english men. about the year . james crosman , vicar of banwell and puckson in sommersetshire , procured a writ of attachment against the said william gutheridge , because for conscience sake he could not swear to an answer to his bill in the exchequer for small tythes ; and by vertue thereof had him to ilchester goal , and kept him there four years . the value of the said tythes appears by the affidavits of three men to be between forty and fifty shillings a year ; as also by the certificate of ten substantial men of the neighbourhood , witnessed under their hands ; for which , after four years imprisonment at ilchester , he , with thomas tegg , an impropriator , had him up to the fleet prison in london , where he hath remained about nine years ; and while so a prisoner , the said james crosman , caused him to be indicted at the quarter sessions in sommersetshire , upon the statute of recusancy , for being absent from his parish church eleven months : the penalty two hundred and twenty pounds , which put him to great trouble and charges . and not only this , but hath prosecuted him in the exchequer , and hath sworn his small tythes to be worth six pounds ten shillings a year ; and thereupon hath obtained a sequestration against him , and hath enter'd upon his goods and chattels , to the value of one hundred and fifty one pounds seven shillings , as appears by the appraisement that he and the sequestrators have returned into the court of exchequer , but are really worth about twice as much . and hath also seized upon his lands and tenements , to the value of sixty or seventy pounds a year , which the sequestrators , by the direction of the said james crosman , keeps in their hands ; and notwithstanding , keeps the said william gutheridge in prison , saying , he shall never come out , he being separate a hundred miles from his wife and family . and thus deprived of his estate by the unheard of cruelty of this priest james crosman , and his merciless proceedings . william gutheridge . whereas the process of his majesties court of exchequer are issued out to several sheriffs, collectors, and receivers of the respective counties, towns, and places of this kingdom, for divers arrears of rents, debts, and other sums of money due to the kings majestie, at or before the twenty fifth day of december, one thousand six hundred sixty eight ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas the process of his majesties court of exchequer are issued out to several sheriffs, collectors, and receivers of the respective counties, towns, and places of this kingdom, for divers arrears of rents, debts, and other sums of money due to the kings majestie, at or before the twenty fifth day of december, one thousand six hundred sixty eight ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) ormonde, james butler, duke of, - . broadside. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at the council-chamber in dublin the th. day of april, ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rent -- taxation -- ireland. taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant and council . ormonde . vvhereas the process of his majesties court of exchequer , are issued out to several sheriffs , collectors , and receivers of the respective counties , towns , and places of this kingdom ; for divers arrears of rents , debts , and other sums of money , due to the kings majestie , at or before the twenty fifth . day of december , one thousand six hundred sixty eight . and for other branches of his majesties casual , or other revenue not in farm to the late farmers , and due at or before the twenty fifth . day of december , one thousand six hundred seventy five . which by contract with the king's majestie , are to be applied to certain payments undertaken by richard , then lord viscount , now earl of ranelagh , and others his partners . and forasmuch as we are informed , that several doubtful and uncertain charges have issued in such process , and that several of such sheriffs , and collectors have been dilatory , or negligent in the collection of such charges as are clear and undoubted , and remisse in the due payment of what hath been collected . we the lord lieutenant and council , being desirous , that his majesties good subjects , that stand unduly charged in such process , may be freed from all trouble and vexation concerning the same ; and that the arrears and debts of all others that stand duly charged , and are able and responsible to pay the same , may be put into some speedy and easy way of collection , have thought fit , at the humble desire of john stepney , one of the partners party to the said contract , and john hayes esq acting and intrusted for others of them , and accordingly do order and require by this our proclamation , that all and singular such sheriffs , collectors , and receivers , do from and after the tenth day of may next , forbear to collect , levy , or receive any rents , debts or summes of money , by virtue or colour of such process ; and that they and every of them do at or before the last day of may next , accompt in his majesties court of exchequer , for all moneys by them received by virtue of such processs , and pay the same into his majesties receipt of his exchequer . and we do also hereby require all sheriffs , and collectors , that have accompted and not taken out their quietus est , at or before the said last day of may next , to clear their accompts . given at the council-chamber in dublin the th , day of april . ja : armachanus . mich : dublin canc. donegall . longford . strafforde . massereene . blesinton . granard . lanesborough . hen : midensis . ca : dillon . char : meredith . jo : bysse . ol : st. george . hans hamilton , ja : cuffe . god save the king. dublin , printed by benjamin tooke , printer to the king 's most excellent majestie ; and are to be sold by joseph wilde book : seller in castle-street , . the case of the auncient tenants of the late deane and chapters of durham. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the case of the auncient tenants of the late deane and chapters of durham. shaw, john, capt. sheet ([ ] p.) s.n., [london : ] from the text: it is therefore prayed by the petition of capt. john shaw, and others in behalfe of the said tenants. imprint from wing. annotation on thomason copy: "nouemb. ". reproduction of the original in the british library. eng taxation -- england -- early works to . durham (england : county) -- history -- early works to . a r (thomason .f. [ ]). civilwar no the case of the auncient tenants of the late deane and chapters of durham. shaw, john, capt a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the auncient tenants of the late deane and chapters of durham . that they held their respective tenements by lease , from twenty one years to twenty one yeares for ever , at a fine certain , different from most tenants in other deanaryes . that in consideration thereof , it was ordered by the honourable committee for removing obstructions , &c. . october . that in their respective purchases , an abatement or reprize should be made valuably , proportionable to their way of holding ; and afterwards it was resolved , that the same should be reported to the house . it is therefore prayed by the petition of capt. john shaw , and others in behalfe of the said tenants . that a reprize may be ordered of some certaine part of their purchase-money , or that they may be admitted to make their second payments out of the one hundred and thousand pounds , to be advanced by way of doubling . for these reasons , . in consideration of their case so just and equitable , and so much different from the tenants of other denearies . . of the povertie , and great pressures , by the dayly march and quartering of armies much increased by their vicinitie to scotland . . for that they had no benefit of the former doubling , being some moneths compleated before they purchased , and therefore bought their bils for making their first payments at very deere rates . a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . [ ], - , [ ] p. s.n.], [london : . attributed to thomas sheridan. cf. halkett & laing ( nd ed.). pages and tightly bound in filmed copy. pages - photographed from cambridge university copy and inserted at end. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. courts -- england. taxation -- england. great britain -- politics and government -- - . france -- foreign relations -- great britain. great britain -- foreign relations -- france. great britain -- economic policy. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse of the rise & power of parliaments , of law 's , of courts of iudicature , of liberty , property , and religion , of the interest of england in reference to the desines of france ; of taxes and of trade . in a letter from a gentleman in the country to a member ●n parliament . salus populi suprema lex esto . printed in the year . the following preface newly writ by the book-seller's friend . whoever buyes this tract , will do a small kindness to the bookseller ; but he that reads it , will do a greater to himself . the title alone is a temptation to invite one to look into it , in this time of disorder ; but , if wit and learning , reason and piety , the knowlege of men and deep consideration of goverment signifie any thing , the discourse is a perfect snare to captivate the reader . and it hath one advantage peculiar to it self to detain him , that he will meet with many things there , which no man ever writ or perhaps thought on before . the novelty alone will gratifie the men of pleasure and curiosity ; and as for the grave and the wise , that chain of reason , and good nature which runs through it , will make them scratch and think twice , before they condemn it . it was written to a member of the last parliament about christmas last was twelve-month , and since that time has crept abroad into the world , and is now made more publick , as well for the general , as the book-seller's particular good . but a great chang of affairs happning in this interval , 't is fit to acquaint you , that the author never dream't of the horrid plot , which has bin lately discover'd , when he pleaded for toleration to honest and peaceable dissenters . he measur'd other persons by his own candid temper , and did not think there cou'd be found a sect of men , who wou'd endevor the advancement of their religion by shedding the blood of their prince , in an age , when rebellious principles and their abettors , have receiv'd such confutations , as they have in this , both by god and man. but truth doth not vary with time , how much soever some persons may abuse it . i cannot persuade my self , but that liberty of conscience is a natural right , which all men bring with them into the world ; for we must all give an account of our selves to god , and stand or fall by our own faith and practice , and not by the religion of the state or countrey where we happen to be dropt . 't is impossible for men to believe what they list , or what others wou'd have them , tho it shou'd be beaten into their heads with beetles . persecution makes some men obstinate , and some men hypocrites ; but evidence only governs our under standings , and that has the prerogative to govern our actions . the design of christianity is to make men happy in the other world ; and in order thereunto , it teaches them to regulate their passions , and behave themselves with all sobriety , righteousness and piety in this . the doctrines whereby this is enforc'd , are so few and so plainly deliver'd , that they are at this day acknowledg'd by all the several sorts of christians that make a number , or are fit to be consider'd under a name in the world. for how many are there , who do not profess the apostles creed ? which was the old rule and measure of christian faith , unalterable , unreformable , from which nothing ought to be taken , to which nothing need to be added ; as irenoeus and tertullian declare . and if men wou'd be persuaded to preserve these ancient boundaries of christianity inviolate , and suffer the primitive simplicity to be restor'd ; the great occasion of squabble and contention wou'd be cut off ; and they wou'd not dispute for ever , about a lock of wooll , or the knots of a bulrush ; but instead of being extremely learned in trisles , and extremely zealous for moonshine , they wou'd grow kind and charitable and lay aside their unreasonable censures of one another . aquinas and bellarmine , and the synopsis purioris theologiae , wou'd not be studied so much , but the sermon on the mount a great deal more ; and upon casting up the account , it wou'd be found , that what we lost in subtilty thereby , we shou'd gain in religion . st. hilary , the famous bishop of poictiers , has an excellent saying to this purpose , non per difficiles nos deus ad beatam vitam quaestiones vocat , nec multiplici eloquentis facundiae genere solicitat ; in absoluto nobis & facili est aeternitas ; iesum suscitanum à mortuis per deum credere , et ipsum esse dominum confiteri . god doth not call us to heaven by understanding abstruse and difficult questions , nor invite us by the power of eloquence and rhetorical discourses ; but the way to eternal happiness is plain , easy , and unintricate ; to believe that god rais'd up iesus from the dead , and to confess him to be the lord of all . the sense of this will soften the minds of men , and dispose them to mutual compliances and forbearances ; and then we shall not think it needful , by severities and penalties , to compel others to go to heaven , in our way , with great uneasiness , when we are resolv'd , they may with safety and pleasure get thither in their own . upon these grounds , the wisest emperors in christendom have allow'd liberty to dissenters , as theodosius did to the novatians , who had separate churches at constantinople , and bishops of their own persuasion to govern them , and enjoy'd all the priviledges of catholic christians . and the opinion of king iames sent to cardinal perron in the words of isaac casaubon , will be remembred to his honor , whilst his name shall be known in the world , as the best rosolution which was ever given of this question . rex arbitratur rerum ad salutem necessariarum non magnum esse numerum , quare existimet ejus mojestas nullam ad ineundam concordiam breviorem viam fore , quàm si diligenter separentur necessaria à non necessariis , & ut de necessariis conveniat omnis opera insumatur , in non necessariis , libertati christianae locus detur . the king is persuaded , that there is no great number of things necessary to salvation ; wherefore his majesty believes there will not be met with a shorter way to peace , than that distinction be carefully made , between necessary things , and those that are not so ; and that all pains be taken for agreement in necessaries , but that allowance be granted for christian liberty in those things that are not necessary . this is not a demand which has been only made of late , since the christian name has been so scandalously divided as it is at this day ; but 't is that which the primitive christians pleaded for as their right and due , that they ought to be tolerated , though they were mistaken , so long as they were peaceable . to this end tertullian made an address to scapula , the governor of africa , and tells him , humani juris & naturalis est potestatis unicuique quod putaverit colere , nec alii obest aut prodest alterius religio . sed nec religionis est cogere religionem , quae sponte suscipi debeat non vi . cum & hostiae ab animo libenti expostulentur . ita etsi nos compuleritis ad sacrificandum , nihil praestabitis diis vestris ; ab invitis enim sacrificia non desiderabantur , nisi contentiosi sint ; contentiosus autem deus non est . it is the right of mankind and a natural privilege to worship according to what he believes . one man's religion doth neither good nor harm to another ; 't is no part of any one's religion to compel another man to be of the same with him , which ought to be undertaken freely , not by compulsion , even as the sacrifices are required to be offered with a willing mind ; and therefore tho you compel us to sacrifice , you will do no service to your own gods : for they desire no offerings from the unwilling , unless they be quarrelsome ; but god is not contentious . lactantius has spent a whole chapter to shew the unreasonableness of persecuting men for religion , and that violence is an incompetent argument to propagate truth . st. chrysostome makes it a mark of heresie , and argues thus ; doth the sheep persecute the wolf ? no , but the wolf does the sheep . so cain persecuted abel , not abel cain . ismael persecuted isaac , not isaac ismael . so the iews persecuted christ , not christ the iews ; so the heretics do to the orthodox , not the orthodox to the heretics ; therefore by their fruits you shall know them . the truth is , the persecuting practice was first introduc'd among the christians by the fiery and turbulent spirits of the arrian heretics , who had corrupted the emperor constantius , and brought him to their party , and then made use of this power to confute the catholic bishops and their adherents , by banishment , imprisonment and confiscation of goods . against which unworthy proceeding , athanasius inveighs with great reason , and vehemence , as a preparation for the coming of antichrist . but when this poison was once cast into the church , 't was but a short time before the sounder and sincerer part of christians was infected with it ; and as their interest grew at court , so they made use of it , to basfle their adversaries , and retort their own arguments upon them ; obtaining lawes to be made against several heretics , with very severe penalties , the loss of goods , of liberty , the power of making a will , and in some cases , the loss of life . which law 's are yet upon record in both the codes of iustinian and theodosius . but tho by this means they prevail'd at last to suppress the heresies which troubled the church , yet the best and wisest men amongst them disapprov'd the expedient , and thought it unreasonable , to purchase the establishment of truth , by ●uch rigours and by the shedding of blood . the first instance which i remember of any capital sentence formally pronounc'd against any dissenters , was against priscillian and some of his followers ; but then st. martin the bishop of tours interceded with all his might to hinder the proceeding ; and sulpitius severus gives an ill character of the fact , when he sayes , homines luce indignissimi , pessimo exemplo necati , aut exiliis necati . 't was of ill example and a scandal to christianity , that they were banish'd or put to death , tho they did not deserve to live . and when a band of soldiers was sent to suppress a conventicle of the donatists ( who were very numerous and extremely trouble some in africa . ) and bring them to church ; parmenian objected the armatum militem , and the operarios unitatis , to the catholics , as an unseemly and an unworthy practice . and it cost optatus a great deal of pains , to write almost a whole book to wipe off the imputation ; which he could not do , but by denying the fact as a calumny , whereof the catholics were not guilty , and disagreeable to the doctrines of their meek and peaceable master . st. austin has declared his opinion how the manichees were to be treated in such favourable and gentle words , as shew he was not pleased with the law in force against them . cod. iust. l. tit. . de haereticis : leg . manichaeos : illi in vos saeviant qui nesciunt , quo cum labore verum inveniatur , &c. let them be rigorous against you , that do not understand what pains is requir'd in the discovery of truth ; and with what difficulty errors are avoided : let them be severe against you , that know not , how rare and hard a thing it is to conquer carnal representations by the serenity of a devout mind . let them rage against you , that are ignorant with what labor the eye of the inward man is cur'd , that it may be able to behold its own sun ; let them be cruel towards you , that know not what sighs and groans are necessary to the understanding of god in any degree : in fine , let them be angry with you that are free from all such mistakes as they see you deceiv'd with . but for my self , i can in no wise be severe against you , for i ought to bear with you as with my self , who was once one of you ; and treat you with that patience and meekness as was shewn to me by my neighbours , when i was furiously and blindly engag'd in your erronious doctrines . salvian a priest , and as some think a bishop of marselles , has manifested the like candor and meekness towards the arrians . haeretici sunt , sed non scientes : denique apud nos sunt haeretici , apud se non sunt &c. they are heretics , but they are ignorantly so ; they are heretics in our esteem , but they do not think themselves so ; nay , they so firmly believe themselves catholics , that they defame us with the title of heresy . what they are to us , the same we are to them ; we are certain they injure the divine generation , by saying the son is inferior to the father ; they think us injurious to the father , because we believe them equal ; the honor of god is on our side , but they believe it on theirs : they are undutiful , but they think this the great office of religion ; they are ungodly , but this they believe is true godliness ; they err therefore , but they err with an honest good mind , not out of hatred but affection to god beleeving that they both love and honor the lord. altho they want a right faith , yet they are of opinion . that this is the perfect love of god ; and none but the iudge can tell how they are to be punish'd , for the mistake of their false doctrine in the day of iudgment . this was the soft and charitable spirit which breath'd in those eminent defenders of christianity , who were so zealous for their religion , as to suffer for it themselvs ; but not so furious as to make others suffer to promote it . they had another method of propagating the truth ; in meekness instructing those that oppose themselvs . for indeed the only proper punishment of the erronious , is to be taught . having discours'd thus far concerning indulgence towards dissenters ; i. e. for charity , righteousness and peace ; and that every one has a right , by the great charter of nature , to make the best provision he can for his own happiness ; i foresee the envy to which this way of reasoning will be expos'd ; as if it open'd a gate to . all sorts of sects and foolish opiniators , even to atheists themselvs ; and stript the magistrate of that power , whereby he is enabled to attain the end of government , that the people under him , may lead quiet and peaceable lives , in all godliness and honesty . i know so much of human nature , and the extravagant follies of mankind left to the conduct of their own passions , that these wou'd be the certain consequences of unlimited liberty to all persons ; and therefore i plead not for it . my notion of liberty precludes all the inconveniences in this objection . 't is not a natural law which is unchangable , but a natural right only for a man to chuse what religion he will profess . and there is no right of nature , which i know of , but what is limitable to the public good , and forfeitable by the abuse of it . a man may forfeit the right which he has to life , which he holds by nature , as well as to his estate , which he holds by law. an atheist , a murderer , &c. may as justly be kill'd as a viper , or a wolf , or any other noxious animals ; because they have don irreparable mischief to the commonwealth already , and to prevent doing more for the time to come . the natures of such persons are greatly degenerated , and t is but reasonable , that they who have lost the common virtues , shou'd likewise lose the privileges of mankind : and i judge the like concerning the liberty which every man has to inquire into the truth of several systems of religion , and publicly to maintain that which appears to him establish●t upon the surest foundations . when t is apparent , that religion it self is damnified , the safety of the government endangered , and the peace of the common-wealth broken by any sort of doctrines , the persons professing those doctrines have forfeited their natural freedom , and ought to be restrain'd . accordingly , first , no man is to be allow●d to publish impieties which evidently tend to the dishonor of god and wicked life ; as , that god doth not take care of the affairs of this world ; and , that there are no rewards and punishments in the other ; that there is an indifferency in human actions , and no good or evil antecedently to the civil constitution , &c. for the truth in these cases is so plain by the light of nature , and by the manifold discoveries which god hath made , that no man who seeks for it with an honest mind , but may discern it ; and accordingly errors of this nature are not to be ascrib'd to weakness of iudgment , which is to be pitied , but consider'd as proceeding from malicious principles , and tending to base ends , and so are punishable as corruptions in manners . this sort of men indeed are not within the limits of this question , for they have no conscience , and therefore can challenge no privilege from it ; and no goverment can have security from men of no conscience ; and therefore cannot be blam'd , if it do not protect them . and , seeing they oppose the consent of mankind in such momentous affairs , why shou'd they not forfeit the benefit of human society ? and if the sword were oftner drawn and sharpn'd against them , it might possibly reconcile some persons to the authority , who are now no great friends to it , nor altogether of st. paul's mind , that the minister of god bears not the sword in vain , but is a punisher of evil doers , and a praise to them that do well . secondly , no man can claim any right to freedom , whose doctrines tend to the destruction of government in general , or the dissolution of that which is establisht . for the benefits of goverment are so great , ( tho like those of health , they are not so sensibly discern'd by any thing so much as by their absence ) that all mankind have bin contented to purchase them , by parting with somthing out of every ones stock , to maintain a common arbitrator of differences , and a common defence from injuries . and the alterations of any particular form , or the removal of any particular person , in whom the government is fix'd , is always attended with so many certain inconveniencies , and , if with any , such uncertain advantages , that ordinary prudence ought not to trust such persons whose religion leads them to anarchy or to change. nay , submission to goverment is so incorporated into all religions of the world , natural , pagan , iewish and christian , that 't is impossible any one can reconcile religion with the opposition to the present government : therefore all such doctrines as these , that dominion is founded in grace ; that 't is lawful to depose heretical princes , or vindicate the true religion by the sword ; that an idolatrous king may be cut off ; that the original of power is in the people , and upon male administration and tyrannical government , they may resume their first grant ; are to be discountenanc'd in every common-wealth , and the abettors of them to be restrain'd and punisb't ; unless the rebels of england have some peculiar privilege ; and they that ought to be hang'd in every other nation under heaven , have a particular charter to be indulg'd as the godly party here . thirdly , he that will not allow the same liberty which he asks , destroys the right to his own demands ; he is of a narrow persecuting spirit ; in love with his own dear self , proud , conceited , and an enemy to the rest of the world. for , i pray , are we not all equal by nature , have you more of the image of god , or a less share of original sin than i ? you tell me , that i am an idolater ; and cannot i say , that you are a heretick ? you are certain , if god's word be true , and the spirit of god do not deceive , you are in the right ; i say you are very confident , and solomon tells us , the fool rageth and is confident . i took not up my religion upon trust , i have read the bible and the ancient writers , the most indifferent arbitrators of differences in religion ; i have consulted the wisest men , and heard all parties speak ; i have pray'd to god for his assistance , that he wou'd guide me into all truth , and i verily think god has answer'd my prayers ; and 't is you , not i , that are in the mistake : but because there may be no contention between us , i am contented to compromise the quarrel , and we will dwell together charitably with united affections , tho with different iudgments . but you cannot in conscience accept of this fair offer ; you have a command to the contrary : come out from among them and i will receive you ; be not unequally yoaked with unbelievers : have no fellowship with the unfruitful works of darkness , but rather reprove them . you have a promise to depend on , and you look up to god to perform it . behold , i will make them of the synagogue of satan , which say they are iews , and are not , for they lye ; i will make them to come and worship before thy feet , and know that i have loved thee . well sir , i am sorry my tender of peace is so scornfully rejected , upon the misapplication of such texts of scripture , as equally and indifferently serve all parties , or are nothing to the present purpose ; you must not be angry , if i strike the first blow , rather than suffer you to take your own opportunity to knock me o th head . when the cause comes to be tryed , before equal umpires , you will be judg'd out of your own mouth , that challeng'd liberty , which you wou'd not grant : for you have transgrest the great rule of righteousness , not to do to others , what you wou'd have done unto your self . upon these terms , the pretences to liberty are destroy'd . but if the wisdom of any state shall confine their indulgencies to pious , obedient , and charitable dissenters , i cannot perceive the prejudice , which difference in speculations and disputable points can do in religion , or the power of the magistrate . but at the same time i cannot but admire the admirable temper and moderation which is shew'n in the church and goverment of england ; that requires nothing necessary to salvation , but the acknowlegement of the ancient creeds ; that teaches nothing , but what is pious and charitable ; whose lyturgy is grave , wise and holy ; whose rites are few and material ; whose laws are full of candor and compliance , allowing freedom to any five dissenters together to worship god , in their own way : whose true sons and subjects , are the greatest favorers of christian liberty , which are in the world ; and i pray god , to give all people that disown it , wisdom to understand it . the publisher to the reader . having , i must own , not without pleasure , read the following papers ; and believing they might in several instances ( i do not say all ) give som satisfaction to others , and contribute to the public good , for which , i perswade my self , even those notions that seem most od and impracticable , were intended ; i resolved to make them public ; but was check't again , by calling to mind , that he from whom i in some sort extorted them , oblig'd me not to discover him : nevertheless , considering i might do the one without the other , i pursued my former resolutions ; yet taking this further care , that even the printer should not know from whence they came . and now let me tell you , whatever you shall think of this discourse , 't is the issu of a sober brain , tho perhaps a little too much inclin'd to humor , and rigid vertu ; and not so agreeable or smooth , as you would have had it , if my friend had dressed it for the eyes of any other besides my self , to whom he sent it sheet by sheet ; and having writ it in less than eight of the last holy-dayes , you may believe , had i allowed more time , it would have come , even to me , reviewed . as it is , i make it yours ; and assure you , what ever censure you pass upon him or me , we shall both be unconcern'd : as complesance made it mine , so a good intention , of serving my country , makes it yours . for my self , i do not aim at being richer or greater ; the patrimony left me , satisfyed and invited my unambitious mind , to the retirements of a privat life ; which i have made easie by innocent recreations , company , and books : it was not my own seeking , that i am now plac'd in a more public station ; wherein , tho perhaps i have done no good , yet , i am pleas'd , i never did any hurt ; having alwayes pursu'd , without passion or interest , what ever my conscience ( the best rule and severest iudge of men's actions ) convinced me was best . as to my friend , he is one has read some books , and more men ; thanks god he is , that , which the world calls a fool , a good-natur'd man , one that heartily loves all mankind ; and has so particular a zeal for the good of his country , that i believe he would sacrifice his life to serve it . but almost despairing , that ever things will be better than they are ; and finding , by what he has seen abroad , that a man may live more happily in england , than in any part of europe ; and now grown old , by temper , more than years , he has resolv'd , chiefly to mind himself ; whom , to enjoy more fully , he has bid adieu to all thoughts of business ; to which , having never been bred by any calling , he has had the more opportunities of considering all , of improving himself , and observing most sorts of men ; and , as a speculative philosopher , to the entertainment of himself and friends , he passes very free remarks on all actions and things he judges amiss ; and , being byass'd by no manner of interest , i am perswaded he speaks his conscience : and he has the good fortune , to make others often conclude , he do's not only speak a great deal of truth ; but also further satisfies them , that it is much easier to find faults , than mend them ; that there ever were , and ever will be , disorders in all human societies ; that there are fewer in that of england , than in any other , and that they are there more curable . thus much i thought fit to tell you , to prevent any misapprehensions concerning the persons who are the occasion of this trouble , or diversion , call it what you please . the contents . . state affairs not fit to be discoursed by privat men . page . of the rise of parliaments . . origin of government , with a brief account of laws , revenues , trade , and natural religion . . a new method of electing members , objections against this present parliament , and their answers . . of lawes , &c. . of better restraint of offences than punishment by death . . of courts of iudicature . . of liberty , property , and religion . . differences in the last nor hurtful nor restrainable . . how toleration may be safely granted . . how to prevent divisions among christians , and to make all really not nominaly such . . to regulate and reform the abuses of the press ; the inconveniencies of printing as now managed . . the intrest of england in reference to france . . reasons why the king did not declare war against that crown . . the king's care of ireland to prevent french designs . . of an union between england and ireland , or the repealing poynings act. . of taxes to make them great and perpetual , most for the peoples ease and common good . . that l. formerly was in real value equivalent to l. now , and in use to l. with the reasons of the disparity . . the dangers of not perpetuating , apportioning and applying the revenue to the particular charge and uses of the crown or state , and the advantage of doing so . . the objections against perpetuating the revenue , considered and removed . . that french or any other commodities are better restrained by height of duty , than absolute prohibition . . several taxes considered , excise , hearth-mony &c. . a tax upon new buildings , a pole-mony , and how to secure it against frauds . . a tax upon unmarried people . . of trade , of the value of labour , how the people and riches may be encreased , &c. . that forreigners are to be invited , and how . many other things for advance of trade , as registries or their equivalent on practisers of fraud ; how work-houses may be erected , all poor and beggars provided for , and a nursery for an army either for land or sea-service to be suddenly raised on any emergency , without grievance or pressing of the people &c. errata . in the title page for ( member in ) read member of . p. . to the reader , read unfashionable rigid virtue . p. . l. . r. extravagance . p. . l. . r. destructive . p. . l. . for ( and policy ) r. or policy . ibid. l. . r. as head . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. end. ibid. l. . for ( clearer ) r. cleaner . p. . l. . r. a red sea. p. . l. . r. sacrament . p. . l. . r. have slay'd . p. . l. . dele , til , they ; p. . l. . r. finesso . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. poynings . p. . l. . r. claim a greater . p. . last l. for ( make ) r. may . p. . l. last , r. haver . p. . l. . r. brewers only . p. . l. . r. but also . p. . l. . r. twice stronger . p. . l. . r. many many . p. . l. . r. shal not be . p. . l. . r. representative . p. . l. . r. bettor . the introduction . sir , had you only commanded me to have given you an account of the laws and customs of another utopia , an isle of pines , or of o. brazil , ( tho unfit even for such a task ) i wou'd not have disputed it : but finding you have impos'd upon me , who am neither states-man nor merchant , a necessity of playing the fool , by treating of englana's policies and trade ; i confess i cou'd not without great reluctance comply with so severe an injunction . i have always been averse to discourses of this kind ; which in privat men are no farther tolerable , than as idle philosophers , to pass away their vacant hours in such otherwise useless speculations ; and in them too , i have heard 'um oftner condemn'd than commended , the authors esteemed foolish , and impertinent , troublesom or dangerous ; and som we know by indulging themselves too much in this vanity , have straitned , if not wholly lost their liberty and fortunes . we live not in plato's commonwealth , but in foece romuli , where a ful reformation of laws and manners , seems only to be wish'd , not to be obtain'd without a miracle . why then shou'd any , especially the unconcern'd , busy their heads with what they cannot mend ? 't is much more pleasant and safer far , to let the world take its course , to believe that in the regular , stated , motion of nature , things are so order'd by divine providence , that they wil not , cannot , suffer themselves to be il manag'd . nature , if we hearkn'd to her dictates , as well as religion ( which we equally despise ) would convince us , it were our duty ( i am certain it wou'd be our interest , our happiness even in this life ) to submit quietly to the powers above , and their ordinances , because all powers are of god. thus i acknowledge every privat man ought to think and do ; but public persons , that is to say , law-makers are to consider they were born not only for themselves , but for the good of others , and therefore are oblig'd to exert that power with which they are intrusted , for the joint common good of the people , without partial regards or privat ends . if they wou'd sincerely mind this ; and if our hot-braind state-mountebanks , who being but privat men , yet quarrel at every thing that is not conformable to the capricio's of their own wild fancies , wou'd cease to intermedddle in their superiors province , england might be the happpiest kingdom of the world ; whereas the contrary practise rendred her not long fince the seat of civil wars , tyranny and confusion , and has at present so filled her with murmurings , and repinings , iealousies , and fears , that she which formerly gave law to others , and was a terror to more than europe , is now in danger , to become weak and contemptible in the eys and opinions of her neighbors . these , and such like , were the considerations , that made me so long resist your command ; to which i had never yielded , but to prevent the loss of your friendship , with which you so solemly threatn'd me in your last . take then in the same order you prescribe , the best account i am able in so short a time to give to your several following particulars of the rise and power of parliaments , of laws ; courts of iudicature ; of liberty , property and religion ; of the interest of england in reference to the desines of france ; of taxes and of trade . but you are to observe , that what i write is with as much liberty , and little care , as people discourse in coffee houses , where we hear the state-affairs of all nations adjusted , and from thence guess at the humor of the people and at the times . in this therefore , you are not to expect , any studied phrases , or elaborat connexions , close neat transitions , &c. your servant ( whom i conjure you by the strictest ties of friendship , not to discover ) has neither will , nor leisure for such a work , which being intended only for your closet , you may be content to take in a plain english dress . the great and many revolutions and changes , which in all places have attended human affairs ; and the particular inundations of the romans , saxons , danes , and normans , into this kingdom ; together , with the ignorance and carelesness of former ages , have left us , in so much darkness and uncertainty , that i think it not only difficult , but morally impossible , to trace out exactly the beginnings of things . if it be so then in all affairs , we may cease to wonder , why men are so much at a loss , in their enquiries into , and debates of the present matter , viz. of the rise and power of parliaments ; which has received very different formes and shapes , according to the interest and power of the several contending parties ; this makes me think , its tru face can never be fully discover'd , tho perhaps it may be uncertainly guess'd at , by som lines , saint shadows , and stronger probalities gather'd from the scatter'd memoires of monks , who cannot well be suppos'd impartial , especially in ecclesiastical , nor full in the relations of state-affairs ; in the accounts of which they did not hold themselves concern'd : but yet they are the best guides we have ; for from the ancient rolls in the tower , one cannot believe , there was any exact diary of things ; or if he do , must conclude , many are spoyl'd by the injury of time , omitted thro negligence , or made away for privat ends. however we may yet pick out of both this truth , that tho the rise of parliaments , like the head of nilus , be unknown , yet they have bin of long standing and of great power . and we shall find it reasonable they shou'd be so , if we look back into the grounds and origin of goverment ; which we may suppose to have bin introduc'd by the general consent and agreement of as many families , as upon the encrease of mankind , joyned in one common society , divided the earth into particular proportions , and distinguished between meum and tuum ; to this they were induced by love , not fear , which is but the consequent of that , reason convincing that the enjoyments of life were thus best serv'd and promoted . and because that being and well-being , cou'd not be continued or enjoyed , but by the society of women , and the products of labor ; and that , if some wou'd be idle , and many covet the same woman , the great desine of nature , happiness , founded on living well , and in peace , might be perverted into the state of misery , war ; to prevent the two necessary consequences , poverty and death , they entred into mutual compacts , articles , or laws , agreeable to that great and fundamental law of nature , rivited into their beings , to do as they wou'd be done unto ; that is , they resolv'd , agreed , and promis'd one another , to be guided by the rules of reason ; or , which is one and the same , to continu men. but , because it was probable , som yielding too much to their passions , might swerve from this great rule , and so , wrong others as well as themselves ; therefore , that no man might be iudge and party , they unanimously confirmed to the elder person , the continuance of that right , which nature had given him over the fruit of his loynes during its minority , to determin what ever differences shou'd happen ; believing him , as the common father of the family , to be most impartial , and as the longer experienced , the wisest man. this power , tho great , exceeded not the limits of their then-enacted laws , in their tru and natural meaning , which they took care to make very few and plain , that all disputes and intricacies ( not only the disturbers , but destroyers , of iustice ) might be avoided . and finding they were not only lyable to danger at home , but from abroad ; from such other societies , as had already , or might afterwards set up for themselves ; and that it was not possible for all , to watch against these dangers , they therefore resolv'd to put that care into the hands of one man ; ( for which great undertaking , the coward , as the fool , if those two really differ , were equally unfit , inconsideration in the one , being what fear is in the other , ( a betraying of the succors which reason offers ) nature then , by giving their iudge most authority , wisdom , and conduct , which with tru courage ( the effect also in a great measure , of experience ) are the great qualifications of a general , desin'd him for that honor ; which the people readily confirm'd , promising obedience , and investing him with the power of making war and peace : but ( at his instance ) reserving to themselves , the liberty of examining and approving the reasons : which the great and wise captain judg'd convenient ; knowing , without the consent of all , he cou'd not but want the assistance of som , which might dis-able him to defend himself or them ; whereupon , the ruin of the whole must inevitably follow . and , because the prince his whole time must be employed in this great work ; part of which , was the preparing his son for the succession , by instilling into him the necessary seeds , the principles of vertu , religion , wisdom , courage , munificence , and iustice : the people willingly agree'd to entail upon him , and his successors , a certain excisum , or proportion of every man's labor , answerable to the occasions of the public ; and to the particular state and grandeur , necessary for the support and maintenance of his authority and reputation . but because a greater proportion was needful for extraordinary accidents , as of war , &c. they set apart annually another quota , to remain for such uses in a kind of public bank , so to be order'd , as might greatly increase their common treasure , and do good to the poorer sort of laborers and trades-men , and maintain in hospitals , such impotents or aged persons , as shoud be disabled , to make provisions for themselves . the revenu they made great enoff , as wel as certain , that the prince might not ly under any necessity of contriving from time to time , new artifices and wayes of raising money , that great rock of offence , on which they foresaw no prince could stumble without vexation , animosities , and hatred ; not only discomposing the happiness , but occasioning the overthrow of any state. and so the people , being sure of the remainder , they proportion'd their expence to their gettings ; the former they moderated , not only by prudent sumptuary laws , but by the hazard of their reputations , esteeming it infamous , not to lay up yearly somthing of their labors ; by which course , the public taxes became easie . which they made perpetual , that their children shoud be under a necessity of following their examples of thrist , and so might likewise be insensible of the burden ; fore-seeing that taxes impos'd upon people , who are so far from saving ought , that they account themselves good husbands , if they do but yearly make both ends meet , beget il blood , murmuring and discontent ; crying , that the bread is taken out of their mouths , or the cloths from their backs , which are often followed by the evil consequences of rebellions , and the subversion of the common - wealth . for such never consider , that their own extravance made those imaginary needs ; which , when they happen , are no otherwise to be removed , but by moderating former expences . thus , they wisely contriv'd , and interwove the perpetuating the subjects safety , and the princes dominion ; never secure , but when founded on mutual love and confidence : i do not find the practice of this policy any where so wel continued , as in the states of venice and holland ; which has preserved the first about centuries , and made the later increase so prodigiously in less than one . now , because they foresaw , the products of their labor wou'd exceed their expences , and that the remainder wou'd be useful , for commutations with their neighbor for som of their commodities , but that in driving this trade they wou'd be exposed on sea to pyracies , &c. to make their navigation safe , they agreed , that the public for securing them , shoud receive by way of praemium or insurance , a certain excisum out of all things exported or imported , which we now cal customes . and , lest the too great desire of wealth , shou'd make them forgetful of their duty to god , their parents , and their country , that is to one another , they ordain'd , that a sufficient number of the elders of the people , grave , sober , discreet persons , shou'd at certain times , set apart for that purpose , remind them of their duty , in every of those particulars , and also instruct their children in the laws of god , and of their country . and , because the tending of this work wou'd take up a considerable portion of their time , they allowed salaries to these public officers , out of the common stock . in those days of innocence , when art was not interwoven with religion , nor knavery with policy , it was an easy matter to be pious and just : and if the higher powers were pleas'd to remove these two , we shou'd soon again see that golden age ; the duty of both tables was comprised in few articles , that to their neighbors , consisted as now , in doing as you would be don unto ; that towards god , ( of whose being they were convinced by the strongest of demonstations , the consideration of the visible things of the world , ) in thanksgivings , and adorations , the effect of gratitude to the author of their being , and of all good things , in believing the immortality of the soul , and of its being susceptible of rewards , and punishments in another life , and in the consequence , that sin is to be repented of . these were their common sentiments , the dictates of nature ; the substance of which was acknowledg'd by al , even the most barbarous of nations ; and therefore cou'd not be the inventions of policy , the dreams of melancholy men , or the effects of education : these are the opinions of the unthinking , and therefore wild and loose , and were the wishes formerly of the few debauch'd ; but the great , sober and wise philosophers of all ages , upon the exactest scrutiny , finding them to be the impresses of nature , as essential to our being as light to the sun , pronounced the speculative atheist an impossible thing . and because they were sencible that a lyer as destrustive of the very being of human society , ought to be banished the commonwealth , the first of their laws , and the cement of the rest was , that every man shou'd not only speak truth to his neighbor , but stand firm to his promises . and knowing that laws , tho never so good , wou'd prove insignificant , if not duly observed ; and that som men wou'd never be wise , that is , wou'd never consider , and consequently wou'd not easily be restraind from folly , from offending ; to deter the slavish and inconsiderat , they did , not only annex certain penalties to the breach of the laws , but unalterably decreed , that no offender tho never so powerful , shou'd escape the punishment . these penalties were pecuniary mucts , loss of liberty , bodily labor to the public , or banishment ; the power of life and death , they wou'd not give ; because they cou'd not transfer that to another which was wanting in them selves ; the taking away of life was peculiarly reserv'd by nature , as its own indispensible right , as most reasonable , because she alone coud give it : they consider`d , that terrors are but affrightments to duty , that corrections are for amendment not destruction , which course shou'd they have pursu'd , they might accidentally have run themselves , into a state of war : since nature had told them , it was not only lawful , but necessary , if they coud not otherwise preserve their own , to take away the beings of any that attempted theirs ; that it wou'd be against the end of society , mutual happiness ; this rendering the sufferer uncapable of all , to which therefore he neither cou'd nor wou'd have consented . this or somthing not unlike it was i perswade my self , the form & substance of the first commonwealths , which if you narrowly look into , you may perhaps find som lines , that drawn out fully , might be no il model , for any common-wealth . and to come nearer home ; it has some resemblance to what , for several past ages , this kingdom did , and does now enjoy . to omit the brittish times , of which we have but very thin gleanings of the druids their oracles of learning , law and religion ; and to skip over that of the romans , who were never able perfectly to introduce their manner of commonwealth ; we shal find that in the time of the saxons ( a people of westfrizland , so called from the shape of their sword , a kind of cymeter , ) and in that of the danes , the manner of goverment was , as now in substance , the not in form or name , by king and parliament . but whether the commons were called to this great assemby or no , i cannot find , from the imperfect registers of elder times ; one may guess , they were originally members of it , because the same people in westfrizland , from whence they descended , do at this day continu , a form of government , different from all the rest of the provinces , not unlike this . there are sufficient proofs , that the peers , that is , the chief of the clergy , and best estated gentry , were as often as the king pleas'd ( for it was originally edicto principis ) summon'd to consult with him of the great affairs of state : which council was before the conquerors time , call'd by several names ; as concilium absolutely , sometimes the epithets of magnum , generale or commune were added : it was often known by the name of curca magna and others , and was compos'd ex episcopis , abbatibus , ducibus , satrapis & sapientibus regni ; among which , if any wil say the commons had place , i will not dispute , because in those times when titles of honor were not the arguments of good fortune or the mark 's of the prince's favor , the king cal'd to this great council , such as large possessions , courage , or wisdom recommended as fit : for we find that the fathers having sat there , gave no right to such sons , as did not with their estates , inherit their vertues . it appears farther , that the great council in the later end of the saxons reign , and til the beginning of king iohns , had , by the grace of kings , accustomed themselves , without any summons to meet thrice every year , at christmas , easter and whitsontide ; which course was not interrupted by any particular summons , but when in other seasons of the year , the public occasions required their meeting . the long continuance of the barons wars , made the before stated meetings , of the great council , return to the uncertain pleasure of the prince . what ever the power of the commons was before the conquest , it plainly appears , that for somtim afterward , their advice was seldom desired , and as things were then ordered , their consent was not thought necessary , being always included , in that of the lords : for the conqueror having subjected the natives to an intire vassalage , seiz'd upon all their possessions , reserved to the crown larg proportions , in every county , gave part to the church in francalmoine , and the residu to his fellow adventurers in the war , to be held by knight servic● . these subdivided part of theirs to their followers , on such conditions as render'd them perfect slaves to their masters , rather than their lords : by the possession of so much power , these barons or freeholders ( for theword signifi'd no more ) did what they pleas'd with their vassals , became very terrible to the conqueror and his successors : to curb whose extravagance , tho all were willing , king iohn was the first that made the attempt ; but by his over hastiness , he gave birth to the lasting broyles of the barons wars . he with desine to suppress the too great power of the lords in the sixth year of his reign , about a war with france , call'd for the commons advice and council with the lords ; which had bin don above one hundred years before by henry the first , who in his reign summon'd them twice , at his coronation , and in his eighteenth year . the next time after king iohn that we find them summoned , was in the forty ninth year of henry the thirds reign ; whose summons appears upon record : so that he may be said to have perfected , what henry the first , and king iohn desin'd , making the commons a part of that great iudicature , which they have ever since continu'd , and for some time after , in one and the same house . it was usual in those days to mention in the writ , the cause of assembling this council ; in a summons of edward the first a wise , just , and therefore a fortunate prince , concerning a war with france , in the seventh year of his reign , these words are observable , lex justissima providâ circumspectione stabilita , ut quod omnes tangit ab omnibus approbetur , much better sense than ` latin. succeding kings have bin pleased to consult in i arliament , of all the high and great concerns of the state , of what nature or kind soever . the consulting thus with the wholebody of the people , was first the grace & pollicy of kings , & the practise was always succesful to those that us'd it , as the contrary prov'd destructive : for the kings having by this course gaind their subjects hearts , found it easy , to command their purses , and their hands . this great representative of the commonwealth , the parliament , consisting of three estates , viz. the lords , spiritual and temporal , and commons with the king at head , you wil with me easily conclude , may do any thing , within the reach of human power . you must pardon me , if i wave anatomizing the distinct powers of the several parts of this great body ; whosoever first attempted that , desin'd the overthrow , of the best constituted goverment in the world , where the king wants no ensines of monarchy or majesty ; where the people have not only al the freedom , liberty and power , that in reason can be wished , but more than any of their neighbors enjoy , even than those , in the so much more cry'd up , but little understood commonwealth of holland , where they have liberty in name , but in reality are very slaves , and beasts of burden . now , whether the way of convening parliaments , might not be alter'd into the this following ( or , som other more equal than the present seems to be ) i leave to themselves to determin , viz. that every parish , freeholders and others , if they please , shoud meet and choose two honest knowing men , on whom their power of electing members shoud be devolved ; this don in every parish , the several two's to meet and choose two for the hundred ; that agreed , the respective two's of every hundred , at the time and place appointed to choose the members , out of such , as are resident in the country , both knights and burgesses : nor does it seem very reasonable , that the later shoud exceed the former , especially considering that many of the antient burrow's are decay'd , and yet the number rays'd by the additions of new ones , beyond what it was before : but by this manner of election that inconvenience , if any , will not be considerable . to every two members a sides-man to be chosen , who shoud duly attend , at the place of sessions ; and that he might be prepar'd in the absence of both , or either of the members , they shoud make him master of al that pass'd from time to time in the house . and that every person elected , might serve the public without privat consideration , the electors , or a iustice of peace in their presence , to administer an oath fram'd to this effect , that in al proceedings , they endeavor to inform themselves , fully of the state of the matter , and therein act according to conscience , without particular interest or desine ; that directly , or indirectly , on the account of their vote or serving , they shal not receive by themselves , or others , any reward , or gratuity whatsoever . on breach of this oath to be lyable to al the penalties of perjury . it is not to be doubted , but the honor of promoting their countries good ( that giving a sort of immortality which al men covet ) wil invite gentlemen enow sufficiently qualified , to undertake this work on these conditions , how hard soever they appear . 't is not reasonable , that parliament men shoud be maintained , or rewarded ( unless in praise and statues ) at the countries charge : to do it gratis is al the real good they do the commonwealth , in which as privat men , their interest , and consequently their gain is greater , than that , of the meaner sort . the elections to be by the ballotting box , to avoid heat , and secret grudges . nor woud it be useless to ad , that al things be carried , fairly and openly in the house ; that the debate of any thing proposed , be adjourned to the next days meeting ; for in the time of rest upon our bed , our nights sleep does change our knowledge , and qualify the effect or cause of passion , inconsideration : that every member by himself , or sides-man , be constantly present , under severe penalties to the public : that nothing be put to the vote , but in a ful house , not of forty ( who cannot be the major part of above four hundred , and therefore at first was sure a trick ) but of al the members ; nor then carried by majority , til the reasons of every single dissenter be examined , the dissenting person convinc'd , and in case of obstinacy after conviction ( of which in so wise an assembly , none can be suppos'd guilty ) expell'd the house ; the question not to be reassum'd , til after the election of a new member , unless his sides-man be of a contrary opinion in the debate . 't is possible the swaying argument , was at first , but one man 's , whose credit and authority might prevail upon the rest , without examining his reasons , which makes it prudent , to weigh the force of what is offered against it : by the contrary course , they may , by this they cannot suffer ; since reason or truth is always one and the same , and however disguis'd , by the sophistry of wit , it must at last overcom . thus by proving al things , and holding fast that which is best , they wil acquit themselves to the present and succeeding ages . such manner of proceeding woud silence al murmurings and clamors , that the parliament is divided into factions ; a court and a country party ; tho the interest of the one , be not directly opposit , to that of the other , yet the members , for ends of their own , honor or rewards , do make them so ; of this they are convinc'd , by seeing som turn cat in pan , appearing strongly , in one session , for that which in a former , they as vigorously oppos'd . and by observing others to compass elections by faction and interest , by purchase or covinous freeholds : that , contrary to several acts of parliament , members living in the south are chosen for the north ; and therefore are , to the injury of the people , as much strangers to the affairs of the places , for which they serve , as those two points , are distant from each other : that they pass laws , witness that against irish cattel , &c. not for the common good , but to shew their interest and power , to mischief a man they hate , or to revenge som receiv'd , or supposed injuries or affronts : that therefore , it is necessary to dissolve this , as not being a free parliament , and to cal a new one ; that to do so frequently , is most agreeable to reason , and to former statutes ; and to that end several causes are prepared to put a difference between the two houses , in point of iurisdiction , &c. but such as more seriously weigh things , may i hope be convinc'd , these are the groundless surmises of som , and false suggestions of others , discontented and il dispos'd persons , the old disturbers of our israel's peace , who delighting , to fish in troubled waters , endeavour once more , to put al into a flame of tyranny and confusion , to see what fish they may , by that treacherous light , bring to their own nets . that it is idle to imagin , the court , the best refiner of wit and languag , shoud not have as piercing a fore-sight , as the country ; that being allow'd , they must be sensible of the fatal consequence of a divided hous or kingdom ; their loss is at least as great as any others , their al is at stake : 't is therefore contrary to their interest , which never lies , consequently to their practice , to endeavor parties . 't is irrational , no less than scandalous , to conclud , because som mens sense , by second thoughts , and fuller consideration of things , is alter'd , that therefore they are brib'd ; as if personages , of so much honor , wisdom , and public spiritedness , coud be induc'd , by any sinister practices , or by-respects , to betray their country , and intail upon themselves , and their posterities , more lastingly , than they can their estates , great and inexpressible calamities . and can it be supposed , the ministers have so little understanding , as not to foresee , that the taking off violent members , any other way , than by conviction of their errors , were endlesly to encrease their numbers , and hydra-like , by cutting off one head , to give occasion , to the sprouting up of many . nor is it less absur'd , to beleive , the parliament , when they find the conveniences , the reason of statutes ceased , wil not repeal them : 't is no affront to their iudgments , nor to their-loyalties , so to alter with the times ; an obstinacy in the contrary resolution , woud indeed be a disparagement , to their understandings . that it is to be hop'd , the wisdom of the parliament is such , as not to quarrel for trifles , after the manner of women or children ; that they wil lay aside al partial regards , and without heats , or personal reflections , intend the great work , the common safety ; recollecting that they were the home - bred divisions , more than the conqueror's forces , that occasion'd harold's overthrow , and england's intire subjection to the french ; even those very men , who invited william , suffer'd in the ruin ; so just and natural it is , to love the treason , and hate the traytor . does not every man know , that the power of whol france is greater , than that of a part , that of normandy , could be ? that william can't be suppos'd , to have been more watchful , to seize the prey , than lewis is ? who perhaps has set those very men , at least their leaders on work , that openly pretend most , to oppose his desines ; while , in the mean time , by sowing underhand , discords and fears , among the people , they best promote his purposes . 't is no unheard-of practice , for politicians , as well as water-men , to look one way , and row another : but i hope , no cunning achithophel will be able to divert the parliament , from the great business of this conjuncture . when they have don that ; i wish they woud think it worth their labor , to look into the laws , and observe what of them , are fit to be repeal'd and what continued . the happiness of a state , consists in a regular form of goverment , by just and equal laws , few and plain , fitted to the most ordinary capacities : these qualifications , are as necessary to the well-being of the people , as that of promulgation was ever accounted to the essence of a law. but such is the fate of england , that the laws are almost numberless , which makes them unpossible to be remembred ; and what is worse , are so very intricat , that they may more reasonably be looked upon , as the devices of cunning men , to entrap the simple , than as the rule , by which al are to square their actions and their lives : and what is yet worse , they were never promulgated , tho provided for , by those statutes , that enact the reading of som of them in cathedrals at least once a year , and of others four times . is it fit or just , men shoud be punished by laws they neither know , nor can remember ? there is no one intire body of laws ; that of the statutes is so tedious ( and som yet remain in the parliament rolls not printed ) that it can hardly be read over in a months time ; tho an hundred times reading , wil not enable a man , to remember them , and yet he may suffer , for not observing what he has not , or if he had , coud not remember : but what is the greatest evil , if they coud remember , they coud not understand ; since the very iudges , who have not only been bred at the feet , but are themselves the gamaliels of the law , and much more , are wont to spend whol terms in the reconciling and expounding of particular statutes . and it often happens , that after these long advisements , they being divided , in their opinions , the parties concern'd , wearied in those toyles , endeavor after all their cost and labor , to quit their right , or impatiently expect the making of new , and more intelligible laws . these great disorders have bin occasion'd by several conspiring accidents , length and warping of time , crooked interests of some lawyers , and the continual wars , forreine or domestick , with which this country has bin harassed , i might say , since the invasion of the romans , &c. but to com nearer our own times , since the conquest , since the first making of these acts , england has not enjoyed , one half century , an intire peace : to which unhappiness , i know not whether , the vexation of the law , or bigottre of religion , have contributed most . i do not doubt but in other ages , they were as sensible of the evil , as we are in this , but the same accidents continuing , rendered it remediless . edward the confessor regulated the saxon laws , but his care prov'd of little advantage after the coming in of the conqueror ; who desining to set up a new form more agreeable to the customs of normandy , or his own will , made himself deaf to the peoples desires , of being govern'd by the rules of that holy prince , who was deservedly sainted , no less for his zeal , and love of iustice , in matters of law , than for his strictness of life , in those of religion . from the conquerors time downwards , there have bin attempts of this kind , almost in every kings reign ; but the wars , and divisions ( and consequently dissolutions ) that often happend between the kings & their parliaments , somtimes lords , somtimes commons , about the liberty of the subject , or , prerogative of the crown , ( not without good reason concluded to have bin set on foot by the crafty lawyers , by this time grown considerable ) prevented bringing to pass , the intended reformation of the law. i wil not insist upon al the kings reigns , where this was desin'd , nor go farther back than henry the eight's time , when ingenious sir thomas more , was by him set on work , to fram a model : but the succeeding accidents frustrated that attempt : the troubles and revolutions that continued , during the reigns of edward the sixth , queen mary and queen elizabeth , hindred this work , which at wise burleigh's advise was resolved on , by the later queen . the learned king iames , determined to finish it ; and the knowing sir francis bacon was pitched upon , to fram a schem of new laws , or model the old ; but the discontents about religion , with the greater artifice of the lawyers , then more numerous , diverted that glorious enterprize . some living were actors , others spectators , of the troubles that have since happen'd , which gave way not to a reformation , but confusion of the laws ; and yet the long - parliament ( or rather conventicle ) knowing their great , and good master purpos'd it , resolv'd upon a new method of laws . but the idol themselves , had set up , as a just reward of their treason , prevented this , by turning them out of doors , with their beloved magna charta , calling it in contempt magna f — . too many in other countries , no less than this , have wholly lost their freedom , by endeavoring to enlarge it , beyond law and reason ; as it has also somtimes befallen ambitious princes , who , striving to augment their power , and dominions , beyond the boundaries of iustice , have , instead of new acquists , forfeited their antient and lawful possessions . the gardiners ass in the apologue desining to mend himself by changing masters , found at a dear-bought experience , none so kind as the first ; the observation of the evil of those days has given us reason , to believe , that wisdom best , which is learnt at the cost of others , and to remember the wise mans advice , meddle not with those who are given to change . this i speak as to the fundamental of the government , which can never be alter'd by the wit of man , but for the worse : but the superstructures of hay and stubble are grown so cumbersom and rotten , that they are fit for nothing but the fire . though i am far from giving credit , to any prediction , or prophecy , but those of holy writ , yet i can't but remember you , of that old latin one , rex albus , &c. on which you know , our wishes taught us , to fix a pleasing interpretation . this hint wil bring to your mind , what perhaps has not been there almost these thirty years , that both for his innocence , and the accidental snow , that fel on his herse , the late king charles was that white king , who for some time , was to be the last in england : that afterwards his son , shoud from beyond the seas , return to the possession of his crown , and that in his dayes , religion and laws shoud be reform'd , and setl'd , upon the eternal foundations of truth and iustice. the fulfilling of this prophesie now , wil seem as miraculous an effect of providence , as that of our soverain's restauration , and wil as much eternize the wisdom of the parliament , as the other their loyalty . what remains of this undon , we might hope to see finisht , as old as we are , if they woud be pleas'd to espouse it heartily , and defend themselves against the noyse , wranglings , and opposition of the lawyers and clergy , who are no more to be consulted in this case , than merchants concerning exchange , &c. because , as the wise syracides observ'd , their interest woud byass them : there is ( saith he ) that counselleth for himself ; beware therefore of a counsellor ; and know before what need he hath , for he wil counsel for himself . there was law before lawyers ; there was a time when the common customs of the land were sufficient to secure meum and tuum ; what has made it since so difficult ? nothing but the comments of lawyers , confounding the text , and writhing the laws like a nose of wax , to what figure best serves their purpose . thus the great cook , bribed perhaps by interest , or ambition , pronounced that in the interpretation of laws , the iudges are to be believed before the parliament : but others , and with better reason , affirm , that 't is one of the great ends of the parliaments assembling , to determin such causes , as ordinary courts of iustice coud not decide . the laws of england , are divided into common and s●●ate law ; the common are antient customes , which by the unanimous and continued usage of this kingdom , have worn themselves into law ; statutes are the positive laws of the land , founded on particular accidents and conveniences not provided for by the common law ; civil and canon law , are of no force , but as they are incorporated , into the body of one or other of these laws , if either may be call'd a body which has neither head nor foot ; for they lye scatter'd in som few books , bracton , littleton , glanvil , fleta , cook , plouden , dier , crook , &c. their commentaries or reports ; or rather in the arbitrary opinion of the iudges , or som celebrated lawyers ; for nothing is in this trade certain or regular ; what one gives under his hand for law , another gives the direct contrary ; iudgments and decrees reverst , as if that coud be just one day , that is unjust another : and why in england must law and equity be two things ? since reason & conscience in all other parts of the world are one and the same ; and why cannot laws be so plainly worded , as that men of common sence , may without an interpreter , discover the meaning ? if they be not so order'd , speedy and exact justice wil at best be retarded . but you 'l tel me there woud be no need to complain , if men woud follow christ's advice , if any man wil sue thee at the law , and take away thy coat , let him have thy cloak also ; the reason was so plain , that it was needless to express it , viz. least the lawyer , shoud com between , and strip you naked , even of your shirt . this you see is prudence as wel as religion , as indeed al christs precepts are in the very affairs of this world. whatsoever was true of the iewish lawyers , the present practise of some of ours , renders them obnoxious , to the censures of the sober , & the curses of the passionate ; most men agreeing , that to go to law , is like a lottery , or playing at dice , where if the game be obstinatly pursu'd , the box-keeper is commonly the greatest winner . but since som men wil be fools or knaves , why shoud not the few honest be as much secured as possible ? when the parliament have setled the laws , i wish they woud think of som more fitting restraint of offences , than what the penal statutes direct almost for every crime , the loss of life . if we examin the severity of this practice , we shall find it contrary to the law of nature , the positive law of god , thou shalt not kil , and ineffective of the intent of laws , amendment . self preservation is the chief design of nature ; to better which , and not to destroy it , was the ground and end of goverment and laws ; which makes it contrary to reason , that any means shoud be made or declared such , which were destructive of the end , for which they were made . if then the loss of life , as it most certainly do's , puts an end , to al earthly happiness , 't is evident , that it never was , nor ever coud be , judg'd an instrument productive of that end ; perhaps it may be said , that this may be true , of every single man , as such ; and yet may be false , when consider'd , with respect to the whole , as a member of the society : i answer , it can't be true , in the later , if false in the former ; because we must believe , that at first , every man consider'd what was absolutely best for himself , without any respect to another , on whom , he cannot be suppos'd otherwise to look , then as he was , or might be subservient , to his own particular and immediate happiness . and since the whole is made up but of several individuals , it must be granted , that every of them had the same considerations : and since it was not in the power of any , to transfer that right to another , which nature had deny'd to himself , we may then safely conclude , it is against the law of nature i. e. against reason , to believe , that the power , of life or death ' by consent of al , without which there was no law , coud at first be vested in any supreme power ; and that the useing of it , does naturally put us into a state of war , the evil because directly destructive of happiness , design'd to be avoided . this is a truth imply'd in the law of england , not only by binding the criminals to restrain their warring , but also by the punishment inflicted on felo's de se , which supposes no man to have power over his own life , as certainly he must have had if he coud have given it to another . nor wil the difficulty be remov'd whether we derive goverment either of the other two ways , paternal right , or the immediat gift of god ; for parents had no such power by nature , in the state whereof we are al equal . we are little more oblig'd to them for our being , than to the influence of the sun , both as to us are involuntary causes ; that which binds children to an indispensable duty of gratitude , is the parents care in providing for their wel-being , when they are unable to shift for themselves , and their giving them virtuous education , ( that which is of al , the truest obligation , ) than which nothing is among us more neglected ; which has made som at the gallows , not without cause , take up the advice of iobs wife against god , first curse their parents , and then dye ; children may indeed be ungrateful , which is the worst , or the al of crimes , but parents cannot revenge this by death without being unjust ; because there ought to be a proportion between the crime , and the punishment , and a warrantable authority in him that inflicts it , which in this case are al wanting ; for ingratitude , theft , rapin , and what ever else is practis'd by the wicked , are in themselves repairable , and the sufferer may in an equal measure be compensated for his loss , for bona fortunae or the goods of fortune are exterior to us , and consequently accidental , and when we are despoil'd of them by any , we have ful satisfaction by a restitution in specie , or in value ; this cours is the measure and square of al civil contracts ; for if i detain wrongfuly the mony you lent me , i am compellable but to repay you . why then shoud it be capital , to take your horse without consent , when either restitution , or a punishment more commensurate to the offence may be had ? as for the authority of the punisher which must be warrantable , it is plain the father has no such over the children who in the state of nature are equal with him ; for since he gave not the being , he cannot legally take it away , and for the act destroy the agent ; punishment being design'd , not only for the terror of others , but for the amendment of the offender : to destroy then the last , that such as are guiltless may continue so , is to my apprehension , a piece of the highest injustice . besides , no prince claims a right over the subjects life , what ever he does to his crown , otherwise than by the positive laws of the land , which suppose the man himself to have given that power by his consent , which is already prov'd impossible ; therefore we may conclude , the inflicting of death is against the positive law of god , who has reserv'd this to himself , as a peculier prerogative , and altho he has allow'd the rulers of the earth to share in his titles , yet least they shoud intrench on his honor ( of which he is very jealous ) by exceeding the bounds of reason , he immediatly subjoyns , but ye shal dy like men , to put them in mind that they were to act as such . it cannot then be suppos'd , that human constitution can make that just which the almighty declares unlawful . he that does so , sets himself up above al that is called god , destroys moral good and evil , makes vertue and vice but only names , which if allow'd , we may bid farwel to the people and princes security ; for this , roots up the very foundations of peace on earth , as wel as joy in heaven . nor will it serve to say , this was practised in the iewish common-wealth ; that was god's own peculiar province ; and he that was sole author of life , might dispose on 't at his pleasure ; and tho every part of that oeconomy be not accountable , yet 't is not without good grounds suppos'd , because the iews happiness or misery seems to have consisted in the enjoyment or want of temporal blessings , that the taking away life here , was in lieu of that punishment , which sinners under the gospel , are to receive in another life : and unless human laws might as immediatly be call'd his , and that every magistrat were a moses , i coud not believe it lawful for them to follow that example ; especially considering , that they do not write after this copy , in the punishment of al crimes : i will not make comparison in many , yet i can't but take notice , that idolaters , and inciters to it , were there punisht with death , while among us atheism and irreligion do not only go free , but the professors of those admirable good qualities , pass for wits and virtuoso's : drunkenness , and gluttony , are esteem'd as marks of good breeding ; computing the abilities of our brains , by the number of bottles our stomacs can hold : this vice , among the iews , was accounted so ridiculously silly , that they coud not believe , it was possible for men grown to the ordinary years of understanding to be guilty of it ; and therfore we find no punishment allotted , but for children , viz. that if drunken or gluttonous children did not by the parent 's admonition and correction learn more wit , that then their parents were oblig'd to bring them forth , and testify their folly , and with the congregation stone them to death . but this abominable childish crime , the mother of al imaginable wickedness , has among us no punishment , or what is the same , if not worse , none inflicted . as to the third part of the assertion , viz. that the loss of life is ineffencive of the intent of the law , amendment ; this will appear tru , by observing , that men , whose loose education has made it their interest , to wish there were no other life , by often wishing , and never considering , come at last to be fools ; and with them , to say in their hearts , there is no god : we have no way to live , thanks to our good parents , or our country , but to rob , or steal ; as for the next life , if there be any such thing , let that look to it self ; let us provide for this ; a short one , and a merry ; who knows , but we may escape seven years ? and that 's the age of a man : if we are taken , and can't get a pardon , 't is but a few minutes pain , and there 's an end : thus these foolish wretches discourse themselves to the gallows ; on which , did you but know , the vast numbers hang'd , for som years last past , you woud quicly believe , that sort of punishment rather makes more , than frightens any , from being thieves , robbers , or other criminals . in the eastern monarchies , the greatest emperors , the turk himself tho always in war , fancy some kind of art or trade ; and by this do not only divert themselves , but by their examples more powerful than any precept , oblige the people to so necessary a practice . the ladies , even the greatest , of al other countries , have callings too , and spend not their whole dayes , in making and receiving visits , or in preparations for them , exquisit dressings . if by such a course , or any other , people were induc'd not to live in idleness , none woud be under a necessity of starving , or breaking the laws , as many now are . and if afterwards , any were stil found guilty , a punishment likely to prevent others , and do a farther good to the public , woud be to take away the names of al criminals , that they may be no more had in remembrance ; put them into a common livery , a fools-coat , red and yellow ; keep their heads continually shav'd , their fore-heads stigmatiz'd with marks distinguishing their crimes , and their estates forfeited to increase the princes revenu ; condemn them to public work - houses , mines , or galleys : the labor and toyl , the hard fare , and the disgrace , woud deter more than death ; and , as som believe , be more agreeable to the dictates of nature , to the law of god , and to the profit of the common-wealth . in cases of murther , the public loses too much by the slain ; it wil not fetch him back , to send another after him : why then , shoud they think themselves satisfy'd for one loss , to have it doubled upon them by another ? but supposing ( which i never can allow ) that reason requires life for life , can it think it equal , to set the life of a man but at a shilling ? is a horse , or a cow , a sheep or a deer , or a less thing , a cock or a hen , an equal price for a man's life ? and yet for perjury , he suffers but a pecuniary mulct , or loss of ears . why shoud not he that swears falsly at least have his tongue cut out ? in the iewish law , the perjurer was to suffer the same kind of evil , that he brought upon his neighbor ; and at this day among the persians and indians , a lyer is not only depriv'd of honor , but of al further speech : had it bin thus enacted among christians , the false tongue , and the lying lips , woud not have destroy'd so many mens lives and fortunes . but if we wil not , after the iewish , and roman manner , bring in reparation or the lex talionis , which with them was practis'd in other cases besides that of felony ; let us at least , make some further provision for the security of mans life , let it be put out of the power of one witness , observing that great law that said , at the mouth of two witnesses or three , shal he that is worthy of death , be put to death , but at the mouth of one witness , he shal not be put to death . what i seem to say paradoxically on this subject , i woud have you understand , as i intend it , of the first societies of mankind ; and you may likewise further observe , that tho custom and the positive laws have made punishment by death , the practise of al nations , yet with humble submission to my superiours , i perswade my self , it was introduc'd by absolute power among the heathens , and since continued among christians , because they did not fully consider , that a better way might be found for correcting and avoiding crimes . having now provided against death , upon the account of any crime , it may wel enuff consist with the kings mercy and goodness ( which invite him to be tender of the lives of his subjects ) to determin positively , never to grant a pardon or remittal of the punishment to any criminal , tho never so great a person . in edward the thirds time it was enacted that no pardon shoud be granted out of parliament ; i wish it might graciously please his majesty with his parliament , to enact further , that no pardon shoud at any time be granted ; then which i am sure nothing woud more contribute to the perfect observance of the laws . tho our laws cannot , yet an intire execution of them in their utmost severity , may be as unalterable , as those of the meads and persians ; which cours woud prevent the many il effects the hope of pardon does now daily occasion , tho there never were fewer granted , yet so long as there is any ground of hope , the debauchee is incouraged to go on in his folly , and none being particularly excluded , he reckons himself not incapable of that grace . but now admitting , that the laws were never so good , if they be not duly and equally administred by the several courts of iudicature , the evils do stil remain . to prevent which great inconvenience , such has been the happy contrivance of england's constitutions , that the same power that gives the law , cannot only pronounce it ( in spite of cok's assertion to the contray ) but has also determined , that it shoud be a part of its own power , to cal al inferior courts , and officers , iustices of the peace , and others , to a strict examination , how they have squared their actions and proceedings , to the rule they have given them ; from which , when they are found to deviat , it woud be for the advantage of al , that the parliament woud exert its antient power . in regulating the many abuses crept into inferior courts : into which if there was ever need of looking , there is now at this day , when the complaints are loud ; by which , tho perhaps mole-hills may be made mountains , yet al this smoak cannot be without som fire . this i have bin told for certain , that their iudgments are founded as much upon rules or interpretations of statutes of their own pleasure , introduc'd by the intrest of lawyers , and officers , as upon the strict letter of the lawes , in which your education , tho not your practice , and your long observation , has made it superfluous for me , to particularise the many irregularities in the administration of iustice , which woud fil a larg volum . but to begin with the courts , i think it were convenient that each of the four at westminster shoud be reduced to their antient practice , and not suffered to encroah upon one another , to the subjects great vexation , who often quits his cause rather than follow it thro al the mazes of the several courts , where at last after som years tossing by writs of error , &c. from post to pillar , if his mony does but hold out , to make the lawyers that sport , he may sit down by his loss , or have recours to the arbitriment of two honest neighbors , which at first had bin the speediest , and cheapest way of justice . in antient days , the kings bench intermedled only , with the pleas of the crown ; but now an ac etiam , ushered in by a feignd assertion of force and arms , and by supposing the defendant to be in custodia marescalli , or the plaintiffe privileg'd som other way in that court , robbs the common bench , whose jurisdiction even by magna charta is of al common pleas between party and party . the common bench , by practice of atturneys not to be behind hand , has likwise of late days introduced an ac etiam , and several debts or promises are suppos'd , with intent to bind the subject to special bail , wheras i am confident , it cannot either by common or statute law be evinced , that antiently special bail or a capias , before summons was in any action required ; and that therfore it is a meer invention to get mony , and to vex and impoverish the subject . the exchequer was only to hold plea , of such actions , where the plaintiff was really indebted to the king , ( and perhaps too , not able otherwise to pay it ) or where the parties were by their priviledg to plead or to be impleaded in that court. but now , by falsly suggesting , they are indebted to the king , and not able to pay him but out of the thing in demand , they are suffered to su in that court , alleadging a quo minus , &c. in their declaration : but before such irregularities were introduced , it was not so much law , as honesty , prudence , and skil in arithmetick , that were the necessary qualifications of the barons : in which court , a chancery was erected , to moderate the rigor of the fines and amerciaments estreated into that court , and to extend to the kings debtors , those favors which the barons coud not shew . the causes then remaining for the high court of chancery , were the penalties and forfeitures between man and man , which at common law were du , and al other causes , that for want of evidence were no where els tryable . but such have bin the mighty contrivance of the practisers in that court , that they have found out a way for the trial of al causes there , where notwithstanding a mans pretence in his bil , that he wants witnesses ( tho that be but a tric to intitle the court to the action ) after he has obliged the defendant to swear against himself , contrary to the common law , that of nature nemo tenetur prodere seipsum , which seems to be the possitive intent of magna charta , he takes out a commission to examin witnesses . in the civil law the complainant , if required , is obliged , as wel as the defendant , to swear the truth of the bill ; and sure , that is as fitting to be don , in the king 's great court of equity and conscience , as in the ordinary courts of iustice in other nations . nor woud it be amiss , that al witnesses shoud in that court , as wel as others , give their testimony , viva voce , and that there shoud be som unalterable rules both for the officers of the court , and the clients ; since conscience , and right reason , are alwayes the same and unalterable ; which woud prevent the reversing of decrees , ( a tacit confession they were unjust ) and other inconveniences , too many to be recounted ; only one is so notorious , i cannot pass it by , the assuming a power of impeaching iudgements at common-law , which the statute declares to be premunire . another practice as inconvenient as any , is , the iudges giving too great an authority to a former iudges report or opinion : it were to be wish'd , that in the rest of the courts , the present practice of the wise lord chancellor finch were observed ; who considering that a report is founded upon such reasons , as are not with the report convey'd to us , that only stating in brief the matter of fact ; and that the case is alterable by any one accident , rightly infers , that no report , but the reason of the present case squared to the rules of the law , ought to guide his iudgment . to this may be added , that in every court there shoud be a setled number of clerks , attorneys , & lawyers as wel as iudges : that these how just soever , shoud not continu above three years in any one court. whatever the sherifs power was formerly , sure i am , that exercised by the iudges exceeds what now they are possest of ; and yet the wisdom , of former ages , thought not fit , to intrust the former two years together . that they shoud be oblig'd to give an account in public of al their proceedings , at the expiration of the said time . that they be under a pecuniary mulct , besides an oath , to administer justice impartially , in imitation of god , who to mind them of their great duty , graces them with his own title , saying , ye are al. gods , and therfore must do as i do , ye shal not regard in judgment the power of the mighty , nor the distress of the poor . that the iudges , lawyers , atturneys and clarks , shoud have out of the public revenu , sufficient establisht salaries ; to take no fees , or gratuity whatsoever directly or indirectly ; it not seeming reasonable that the people shoud pay any thing for iustice , but as that charge may be included in the public taxes ; that no offices whatsoever be sold , and nothing but merit to intitle any man ; for if offices be purchased by the interest of friends , or mony , it is unreasonable , to expect , that iustice too , may not be bought and sold ; and for this reason , it is as fit to make laws , against this practice in others , as against simony in the clergy . no man to have two offices , or to act by deputy , but on extraordinary occasions . that al causes be determin'd , at farthest in six months ; and that such , as thro difficulty , or other accidents , can't be determin'd within that time , the parliament at next sessions shoud decide them . to oblige the iudges to proceed exactly according to the strict rules of the law made by parliaments : for notwithstanding what the lord coke says , 't is their duty , only legem dicere , not legem dare ; and therfore , where ever any thing comes to be disputed , of the meaning of the statutes , or that any cause happens , for which there is not exact and sufficient provision made , they are to have recourse to the parliament , whose power is not only legem dare , but dicere : for it appears , that in antient times , when iustice was more speedy , and statutes fewer , or rather none at al , the great business of the parliament , was to give sentence in al difficult causes , and to correct the miscarriages , or sinister practise of al inferior courts and officers , and therfore was commonly known by the name of curia magna . before the conquerors time , there was no such thing , as courts at westminster-hal ; the manner then , of distributing iustice , was both speedy and cheap : the county being divided into several portions , there was in every manner a court , where al the causes , arriving within that precinct , were determined by the thane and his assistants ; but if too hard , they were removed by appeal to the higher court of the hundred , where al the chief and wise men within that territory with the hundreder or aldermannus gave iudgment ; and if any cause proved too difficult for this court , then they appeal'd to the county court , where al the several thanes and hundreders with the chief of the county call'd comes , and somtimes vicecomes , judged it : but such causes as were too intricat for them , were remov'd to the great court or parliament , then known by several other names : which jurisdiction was exercized , some ages after the conquest ; whence sir edward coke may be wel suspected a greater lawyer than an antiquary ; or els the liberty they took , was the occasion of his exalting the iudges power , in expounding statutes , above that of the parliament . having now made it plain that the parliament has this power , and always had , it were to be wished , they woud make use of it , in strictly regulating the disorders of al inferior courts , as wel ecclesiastical as civil : which perhaps can never be better don , than after the manner of the famous venetian commonwealth , by erecting a new magistracy , or court of inspection , public censors , men of great candor and integrity , whose power shoud extend , to the cognizance of al manner of actions in courts great and smal ; of the demeanor of al officers of the state of what degree or quality soever , who taking care thus of the execution of the laws , shoud be oblig'd from time to time , to give a ful and impartial information to the parliament , in whose power alone it shoud be , upon conviction of the criminal , to suspend , degrade , or otherwise punish , according to the provisions they themselves make in such cases . that it may be lawful for all persons to address themselves immediately to these censors , whose information shall by them be fully examined , and neither their informers , nor themselves , lyable to any actions or sutes , upon account of their proceedings ; to be accountable , to the grand and supreme court of iudicature : that their number be such , as may serve to go circuits round the kingdom . these , as the other iudges to be altered , every years . and because nothing does more conduce , to the good of man-kind , next to wholsom laws , and the practice of piety , than the knowledge of things past : not any thing being truer , then that what is , has bin , and there 's nothing new under the sun ; a perfect relation of which begets a great understanding and deep iudgment ; the sence whereof made a wise king say , none were so faithful counsellors , as the dead : that therefore the parliament woud appoint two of the most learned of those censors ( acquainted with al the most secret affairs of state ; which if not as counsellors , yet as hearers , under the same obligation of secrecy , as secretaries or clarks of the counsel , they may understand ) to write especially the matters of fact of al affairs and occurrences . the annals not to be made public , til the writers , and al concern'd , were gon off the stage . the fear of offending , and the advantage of flattery , being remov'd , future ages woud in the truth of history find that great rule of iudgment and prudence , the world has hitherto been deprived of : there being ( a man may safely say ) no tru profane history in the world , save that of the wise chineses , who have observ'd this practice , for several thousands of years ; keeping the records , as an arcanum for their princes , who by these means , have gain'd a steddy judgment , in their own state-affairs ; which is the reason given , for the long and prosperous continuance of that great monarchy . when the laws , and execution of them , are thus established , every man will be sufficiently secur'd in the enjoyment of his liberty and property ; which , tho commonly taken for two , are in reality one and the same thing . i understand by the first , that power , man has reserv'd to himself when he enter'd into society ; that is , a liberty of doing any thing , except what the law forbids ; or of living conformably to the laws ; not of speaking contemptuously , of the rulers of the people , nor of doing what he please , tho the law restrain it . by property , i conceive meant , the right of enjoying peaceably privat possessions as bounded by law : liberty then respects the person , and property the estate . these two , i perceive , you have joyn'd with religion , as the three great abstracts of human concerns ; for , i presume , you consider religion as it is part of that policy , by which the state is govern'd , and as such i shal chiefly take notice of it ; leaving it , as it refers to the soul , and a future life , to divines , whose proper office it is . taking it then for granted , that every wise man will study that which neerest concerns him ; and , that the interest of the soul , and eternal life , do's far exceed the valu of this our transitory being ; that all human laws , are therefore binding , because agreeable to nature or reason , that is , to the signatures of the divine will : that true religion was the law of god , and its end , the happiness of man in this life , as well as in that which is to come : that it was divided into two parts , duty to god , and to one another ; which later to the thinking man resolves into love of himself , who must find , that his happiness consisting in the enjoyment of himself , cannot be without the mutual offices and endearments of love ; which obliges him , in spite of all his passions , when he fully considers things , to do to all men , as he would be don unto : this then being human happiness , and the end and foundation of the laws of god and man , it was wisdom to annex this great motive of obedience , religion , or the consideration of future rewards and punishments , to invite us the more powerfully , to the obedience of laws ; without which , even in this life , we coud not be happy , they being subbordinat to one another ; that as our duty in one , makes us happy here , so that of the other superadds a farther blessing , and makes us happy hereafter ; which later in the connexion of things , thus ordered by providence , was not attainable without the other : and which indeed do's declare religion not to be a part of policy , but tru policy to be a part of it ; or , in plainer words , that human laws are so much better , that is , so much more binding , as they com nearer to the laws of religion ; contrary to which nothing in any human institution , can be obligatory ; that is , no society of men can make that just , which the law of religion , or reason , has made unjust : if then the interest of state , and religion , be so intermixt , it is no wonder , that men shoud be very sollicitous not to be mistaken , in that which comprehends both , the human , and the divine , or among us , the christian law : and because it is as natural for men , to have different understandings , consequently different opinions ( which are the necessary effects of the former , or of education , and both equally out of our power ) as 't is to have different complexions : it is impossible , that all men should exactly agree , in the meaning of any difficult matter . if then the meaning of the law be not to be had , 't is not our fault if we do not obey it , which we must do , or be miserable . now , because many evil consequences , if not prevented , woud issu from hence , we must consider farther , that al wise law - givers impose nothing beyond the power of the person under the law ; for , law being the rule of actions , if i do not or cannot know it , 't is no rule to me . therefore , to understand this great affair aright , let us examin , whether these following positions , and their consequences , be not natural truths . that god did really purpose the happiness of al mankind : that therefore , the way , or means , by which that was to be attained , was to be plain and easy , no matter of doubt or dispute : that this way , is no where delivered unerringly , but in the scriptures , which al christians allow , to be the word of god : that al the disputes , are pretended to be proved by scripture , that is , by consequences from thence : and since al the parts of that holy writing must agree with one another , 't is plain , that the consequences are not natural , because contradictory , of which , both parts can't be tru ; and therefore , the matter in dispute concerns us not : that , since al our duty is compriz'd in scripture , the rule for the ignorant , as wel as the learned , comments do amuse , and confound , rather than expound the text : that disputes , begetting heat and passion , are not only impertinent to our duty , but uncharitable and destructive of christianity : that only the fundamentals can be tru , or necessary , because in them alone al agree . that christ has told us , the sum of al is , to love one another , a pleasing and a natural command : that he is the way , the truth , and the life : that whosoever believeth in him , shall never perish : that happiness is not attainable here , nor hereafter , but by following his example , and believing his doctrine , viz. what is positively affirm'd in scripture , without examining , how or why ; if those had bin necessary , he woud not have left them to the uncertain disputes of after ages . that al ceremonies are in themselves indifferent , but when commanded , are necessary in their use and practice ; but alterable , at the pleasure of the imposers : that no man can be a christian , that hates his brother , i. e. he obeys not christ's command , gives not up himself to the new commandment , that of loving one another : that no man can avoid differences in opinion ; and since they are not the effects of our choyce , they are not sinful ; therefore , he that condems another , for not being of his opinion , after he has endeavour'd , without prejudice or interest , to examin and hold fast that which is best , considers not what he says , or if he do , he is proud and foolish , because he says , by an implicit consequence , none is wise but himself : that faith is the gift of god , but considered in man , 't is a necessary act ; for when a man is convinc'd , that is , has no doubts of the credibility of the proposition , its conformity to reason , nor of the person that he can neither deceive , as having no interest , nor be deceiv'd , as wanting no knowledg , 't is impossible for him , not to give up his assent , whether morality or christianity be ( which is much doubted ) really different , they can never be asunder ; for the man that is not honest , is not , nor cannot be if he continues so , a christian ; that what is tru in philosophy , can't be false in divinity ; and both affirm , he that does al he can do , is not to be blam'd , he has don his duty . that different opinions not being avoidable , are in themselves , as harmless and tolerable in a society , as men can be ; because , til the man be convinced , his sense of things can't possibly be alter'd , after conviction , he that continues in an error , i. e. that perseveres , in spreading such opinions , as are destructive of good life , and of public peace , is a lyer or a mad man ; the first , if he do not repent , ought to be expell'd the commonwealth ; the other , if he will not grow sober , must be sent to bedlam . from al which , it plainly follows , that our opinions are not free , that no man has liberty of opinion , and that he who desires liberty of speaking what he pleases , is unreasonable , if he intends to say any thing , that shal disturb the peace , and quiet of his country ; if he may be restrain'd from that , his errors can mischief no other than himself : if the case then be thus , how comes it to pass , that men fal out , and wrangle about nothing ? seek knots in bulrushes , make difficulties where god and nature never made any , puzzle themselves and others ? let them fool on that have nothing else to do , and follow the heathens advice , 't is better to do nothing than be idle . this i confess woud not be very tragical , if they woud be content to be idle themselves , and not make work , and sad work too , for others : but , alas , they rob their master of his power ; and dogmatically pronounce , we must believe more than christ tels us is required , or else we cannot be sav'd in the next life , nor happy in this ; and many of us are such silly fools , that we believe them ; and acting accordingly , too great a number , i fear , make their assertions good , as those ignorant people do , who giving credit to astrologers , by squaring their actings to the predictions , and therefore somtimes finding these things com to pass , are not only deluded themselves , but incourage others to be so by such nonsensical impostors . but since al men have not understanding , you 'l ask , how the evil shal be cur'd ? the remedies are only two : first , a right education ; and next , a removal of al interest : for , since the foundations of religion are eternal truths , were men rightly instructed , of which al are capable , because al desin'd for happiness , and men got nothing by lying ; we shoud have as much truth , and as little disputing in matters of christianity , as in the mathematical sciences : or , at least , if men defin'd nothing really but the tru ends of it , eternal happiness , it might be lawful for every man , even in the way which another cals heresie , to worship the god of his fathers ; for , tho one thinks his a clearer or a shorter way , than that of another , so long as he stil goes on ; that is , treads in the paths of a sober and virtuous life ; tho he may be more dabbl'd , or longer on the road , what 's that to him ? he that finds fault , may miss his own way , by looking towards his brother ; his particular duty requires al his care : besides , every man stands or fals to his own master . but you wil say , 't is charity to teach my brother , and not to suffer sin upon him : 't is very tru ; but first , 't is not prov'd , that difference in opinion is a sin , but the contrary ; next , charity is not express'd in thunder and lightning , sending him head-long to the devil , because he wil not be presently , whether he can or no , of your opinion ; which , perhaps , is not truer than his own , tho your greater confidence assert it : but charity is express'd by meekness , gentleness , and love ; by instruction and pity , not by hatred and revilings ; nay , not by death , the too often consequence of differences in opinions : from which considerations , 't is plain , that 't is not reason nor charity , that divides us ; but interest and policy . how far it wil consist with the safety of the public , to suffer such dangerous causes of fatal effects , as are brought in by these clashes of religionists , not religion , i leave to the wisdom of the parliament : only , to satisfy that part of your question , i wil give you som short account , how these tares have so sprung up , as to choak almost wholly , al the good seed sown ; afterwards , you may judg if they may not now the harvest is com , be cut down gather'd a-part , and thrown into the fire . and surely if these quarrels were only design'd for the good of the soul , ( which yet if they were the promoters , must be men of wrong understanding or notions , forgetting that faith is the gift of god ) they would not hate and dam one another for different , tho false opinions : nothing can have that effect , but the committal of sins ; of which holy scripture pronounces death , the wages , or necessary consequence : but these we see past over silently , few excommunicated for whoredom , adulteries , atheism , and profaness ; many other crimes are openly committed without punishment , which ( perhaps ) was the end of instituting ecclesiastical courts . the great desine of christianity , was in a higher and more refin'd way the same with that which hierocles tels us of philosophy , the perfection of human life : therfore , the primitive christians knowing the end of their doctrin was to make men good , to fil their hearts with purity of intention productive of good works , not to make them wife ( if stuffing their heads with empty and idle notions may be call'd so ) avoided al such with great care , pressing only upon men the reformation of their lives , by the plainess of their practise and their agreeableness to reason ; being wel assur'd , the contrary precepts coud bring forth nothing , but endless ianglings , and frivolous disputes , which woud ( at last ) not only loosen , but destroy religion , by taking away charity , the bond and cement of that and al perfections . but when the piety of succeeding ages had endowed the church with temporalities , and with rich possessions , the church-men altered their doctrin , with their way of living ; for now , ( kicking like the calfs of iesseron grown fat ) the former practised severity was turn'd into wantonness ; the plainess of the precepts , into intricat niceties ; this , they judged necessary ; for , if according to the promise , the gospel was to be so plain , i. e. so agreeable to nature , and reason , that a man might running see to read , i. e. a man that made never so little use of his reason , that did but keep his eyes open against the false alurements of sense , coud not but perceive the lines of his duty written in very larg and plain characters : perceiving every man thus enabled to teach his brother , and that miracles were ceas'd , they found themselves under a necessity to make godliness a mystery , that it might becom gain to 'um in an il sense , and that they might secure to themselves that veneration and respect , which otherwise were now like to fail . religion , by this means degenerating from its innocence and simplicity , into a trade of policy and subtilty , an art to live by , tent-makers and fisher-men became too dul and ignorant ; the preaching of christ crucified was fit only for the witty , and the learned : no wonder then , that being now so much taken up in refining the cobweb inventions of their heads , they wanted leisure to look to their feet , to order their steps aright , and therfore went astray , not only from the precepts of the gospel , but the imitation of the life of the holy iesus , which was the greater duty of the two ; as the end , for which his doctrin , the means was given . and to make themselves the more admired , they mix'd that with the vain philosophy of the greeks , especially platonism , with an addition of many absur'd heathenish , and obsolete iewish rites and ceremonies . when the bishops became princes , the number of candidats increascing faster than preferments coud fal , the ambitious were induc'd to court them by indirect ways , the pretence of an extraordinary knowledg or piety , to gain the interest , and the favor of great men , and by those steps to mount the spiritual throne of carnal pride . thus when arius faild of a bishopric , enraged that a less learned man shoud deprive him of the miter , he resolv'd upon a malicious revenge ; and to make himself more famous , then the crosier coud , under pretence of discovering the falsities crept into religion , he alleagd one of the great mysteries to have more of platoes fancy , than of christs truth in it ; this mother-heresie by him introduc'd brought forth many others , and ( which was the greater evil ) has been the parent of uncharitable disputes , the certain occasions of much confusion in life and doctrin , of assassinations and massacres , of wars and desolations . the christians now , contrary to christs positive command , cal no man on earth master , i. e. if an angel from heaven , ( much less , a man ) shoud preach any other doctrin to you , than what i ( your only lord and master ) who am now ascending thither injoyn you to obey , viz. to love one another , hearken not to him , for , he is a murderer and a lyar , a cheat and an impostor . neglecting this , and having the persons of men in honor , they readily imbraced their opinions ; and changing the name of christians , took up that of the fathers of their sects , as of arians , &c. these divisions and factions , and the consequent bloody wars woud perswade us , that christ came not indeed , to send peace on earth , but a sword ; for , these ring-leaders imposed upon the credulous multitude , that al those superinduced new fangles , diabolical inventions , unreasonable whimsies , and childish fopperies were the great pillars and truths of religion ; and therefore , to be contended for unto death ; while in the mean time , they themselves were conscious , that they disputed not for truth , but victory , for the sensual gratifications of ambition and vain glory , of pride and interest : and , if you wil but give your self leisure to look into the controversies of former heretics , or into those of later date , between the reformed , and the church of rome , &c. you wil find them al on one and the same bottom . the church of rome has good reason , as to this world , not to yield to any truth in the point of transsubstantiation ; of which , certainly , 't is enuff to believe simply christ's own words , this is my body , because no more is warranted , and therefore not necessary , and that indeed none of the expositions are free from unanswerable objections , tho none appear so opposit to sense , and absur'd , as that of the romanists and lutherans : for if this power , of working miracles be taken from the priest , it may be thought he has nothing left to make him iure divino ; which if allowed , he is quick enuff to foresee that other princes may follow the example of henry the eight . those mistaken , on wilful apprehensions have involved the several kingdoms of europe , in blood and confusion , intestine commotions , and wars ; and wil imbroil them yet further , if the causes be not remov'd : this has long been the wishes of some , and the endeavors of others ; but by the success seeing the disease is not cur'd , but that its venom does daily spred more and more , we may safely conclude , tha● disputing is as incompetent a way to resettle the truth of religion , as the sword is to propagate it . every man naturally hates to be accounted a fool , or a lyar ; and therefore , when worsted by the force of arguments , ( which may be to him unanswerable , tho not convincing ) , he fals into heat and passion , which the other returning with equal warmth , at length both lose the question , and fal from words to blows , from disputing to fighting ; and not satisfy'd pedanticly ( for most commonly the contention is only about words ) to lash one another , they further make parties and factions . these hurried on with the fury of a perverse zeal , the effect of ignorance , espouse the quarrel , and pursu the folly , and the malice to the fatal destruction of thousands , of millions ; as if there was no getting to the heavenly - canaan , the new - ierusalem , but by wading , or rather by swimming thro the red-sea of christian blood ; while , in the meantime , the first disputants stand looking on , or like sneaking cowards steal away from the rencounter as soon as they have ingag'd others more genrous , but withal more foolish than themselves . this england has to its cost experimented , and , 't is to be fear'd , if not timely prevented , wil agen . others , finding the way of dispute insufficient , believed that the allowance of a toleration to the several contending sects woud do the work ; and that in truth , the denyal of it so far as it might consist with the peace of the common-wealth , seem'd to be a kind of persecution not unequal to that of the heathen emperors in the beginning of christianity : this opinion being by the ring - leaders infused into the peoples minds , who being apt to pitty al in distress , from pitty are induced to liking , and from liking to love , they at length espouse the party , and with so much the more violence , by how much the more it is oppos'd ; nothing being more natural , than to resist force , and covet earnestly those things we are forbid . the consideration of this , and his own observation , that the more the christians were put to death , the more they increased , made the wise pliny write to the emperor trajan to forbear persecution ; telling him , that sheading christians blood , was sowing the seed of the church ; every man's death giving to the multitude a sufficient proof of the truth of his profession , and gaining more proselites than preaching coud . by the emperor's following this good advice the christians gain'd their liberty , and he an accession to his army ; and the great increase of converts was thereby much restrained . the sense of this great prudence joyn'd with his majesties great natural clemency , has with good reason prevail'd upon his ministers rarely to execute the severity of the sanguinary and penal laws upon dissenters ; and i am wel assur'd , that did they not believe by those statutes remaining stil in force , that they are under persecution or the dread of it ; instead of increasing much within these few years , they woud certainly have decreased : i am therefore perswaded , that toleration with convenient restrictions woud lessen the evil , and remove most of its inconveniencies ; tho al can never be taken away without another sort of education . and if the parliament that give it , find it hereafter inconvenient , they may alter or annul it , how they please . in this toleration al opinions are to be provided against that are destructive of good life , together with the consequences rather than occasions , atheism and irreligion . as the venetians once excluded , so must we for ever prohibit the iesuits and other regulars : the number of secular priests , and non-conforming ministers or teachers are to be limited ; they with their flocks registred , and to be incapable of any office in the commonwealth , and the teacher to be maintain'd by themselves ; the richest of the congregations to be security for their preachers , that they shal preach no sedition , nor have privat conventicles . that , besides the state may send two to hear al taught ; that the use of al controversial catechismes , and polemical discourses as wel out as in the pulpit under strict penalties be forbid : such things , no less in their natures , than their names signifying and begetting distractions , rebellions , and wars . tho it be as impossible by laws or penalties to alter mens opinions , from what either their temper , or their education has occasion'd , as it is to change their complections ; yet if men pursu'd nothing but godliness and honesty , they woud find their differences in opinion , are no more hurtful than restrainable : and to make them less so , all names of hatred and division are to be taken away , and the parable of christs seamless coat to be really fulfil'd again . that al , whatever their single opinions be , be call'd by no other name than that of christians , for indeed as such they al agree , that is , in the fundamentals of religion ; ( as for the disputed things they are already shewn not certain , therfore not necessary , consequently ( to us ) impertinent which of the assertions be true , ) and only differ by the considerations of pride , or interest , as they are trinitarians or antitrinitarians , arians , socinians , papists or protestants , remonstrants or antiremonstrants , iansenists or molinists , franciscans or dominicans , lutherans or calvinists , presbyterians or independants , &c. but for my own part i am of opinion , that we shal never arrive at the tru state of christianity either by disputing without toleration , or by toleration with disputing i. e. we shal not come to live righteously , soberly , and godly in this present world : for , disputing destroys al , and toleration alone wil not take away those wrong notions , with which the present age is prepossess'd ; tho some of the prejudices may be lessen'd by softness and gentleness , by love and perswasions ; this iconfess wil not do in al , because al have not understanding , and such as want it must inevitably run into error ; for , whatever the philsophers dispute whether the wil and the understanding be distinct faculties , or distinct operations of the same soul , it plainly appears in al our actions , that we wil or nil things according to our understandings , which as wel or il inform'd make us do things good or evil ; so that , til our notions are rectifi'd , we are to be pityed and instructed , not hated or condemned . when by an excellent education and a good example we are taught not only to know , but to practise our duty , it wil then be almost morally impossible for us to offend ; wheras , on the contrary while both are now neglected , 't is a wonder we are not worse : pursuant to this , salomon gives a wise direction , train up a child in the way thou woud'st have him to go , and when he is old , he wil not depart from it . the great business , then , not only to asswage the pain , ( which in the present circumstances cannot be don without toleration ) but wholly to remove the distemper , is to introduce such a fixt method of education , as may imprint on our minds , tru and early notions of virtu and religion . the parliament have lately begun to look into the practice of piety , and to prevent or lessen prophanation and debaucheries have enacted , that hackney-coaches ( it had bin more equal if al had bin under the penalty , ) shal after the iewish manner of sabbath , rest from labor : i wish , they woud now be pleased , to take care the people keep the christian-sabbath as they ought ; not so much in a rest from bodily labor , as from sin , the greater toyl of the soul ; to which , they are oblig'd by every days duty ; the use of the seventh , above the rest , seeming to be set apart for returning thanks for blessings , and for exhortations effective of holiness and a good life : the duty of that day is not fulfil●d , by hearing a quaint-man preach himself , not christ ; policy , not morality ; confute the pope , the calvinist , or the arminian , the presbyterian or the episcopal — such discourses engender nothing but strife , and tend not to edification ; they are the vain traditions of men , in which we shoud quicly find , did we but seriously consider , that there was nothing of that faith , without which we cannot please , nor of that holyness , without which no man shal see god : and , since the parliament by that last mention'd act , have begun to tythe mint and commin ; t is to be hoped , they wil go on , and not leave the weightier things of the law undon ; that their wisdoms and their zeal wil be more imploy'd about the power , than the form of godliness , which may for ever be establisht by the following method , or such other as they shal think more agreeable , viz. to make new divisions of parishes , which may with more convenience to the people be don , than as at present they stand , by limiting every parish to the compass of about three miles square , and building a church in the central - place , to hold about a thousand ; and to apportion the parishes in cities at least to the like number of people : this wil reduce the parishes from about ten to a little more than four thousand . to erect schools in every parish , where al the children shal be instructed , in reading , writing , and the first elements of arithmetic and geometry without charge to the parents : whence to the greater schools , to be erected in the dioceses , counties , or hundreds , after the manner of westminster , eaton , or winchester , so many of the ripest and best capacitated as shal suffice for the supply of al callings that make learning a trade ( as divinity , physic , and law ) may be yearly elected , to be train'd up in the further necessary parts of learning , and from thence yearly sent to the universities ; from the universities upon al vacancies , schoolmasters and ministers to be chosen ; the first , not under five and twenty years ; the later , not under thirty ( the age allow'd among the iews for doctors or teachers , and at which our savior began to preach ) ; and both , to be masters of art , before the one be licensed , or the other ordain'd by the bishop ; and none to be ordain'd , before they are secur'd of being noble mens chaplains , or elected to parishes . that the bishoprics be also divided according to convenience and the number of parishes ; that the ministers and school-masters be celibats , not under a vow ( as in the church of rome ) but on condition of quitting their benefices upon marriage , and returning to a lay-life ; for , that of the priests being jure divino being disputed , is therefore ( to say no more ) to our salvation not necessary to be believed ; for , unless they demonstrat the contrary by scripture , the sufficient rule of faith , or by miracles , men wil be apt to believe the story of an indelible character , to be a relic of popery , invented to aggrandize the honor and power of the church , turn'd into a court of rome ; but be it what it wil , 't is plain they can't be greater than st paul , who did not only for convenience of the church , avoid leading about a wife , or a sister , but wrought at his trade after he had received the holy-ghost ; of which it were to be wisht al divines shew'd themselves possest , by a life conformable to that of the holy iesus . but without doubt there wil be enuff found to undertake this calling , on these terms , tho seemingly difficult . by this course , there is a provision made for the incontinency of such of the priests as find themselves flesh and blood ; which if don in the church of rome , woud free it from great scandal . that a book of homilies be compil'd ; for varietie four for every sunday , and two for each festival or holy day . that nothing be inserted , but dehortations from vice and exhortations to virtu , neither controversies nor state affairs so much as oblicly glanc'd upon . that a catechism adapted to the meanest capacity be composed , shewing the duty of christians according to the express words of the text of scripture , without straining or misapplying any one , ( as is don in two many of those now extant ) , and without touching upon any one disputed point . that , al the books of controversial divinity , as wel those in privat hands , as in booksellers , be bought up by the state , and plac'd in the kings-library , or burnt . that , al the commentaries on the bible be reviewed by sober , moderate and learned men ; and as many of them as contain more than what directly tends to the illustration of the text , by recounting the language , customs and ceremonies of the times and places it was writ in , follow the fate of the others . and because it is reasonable to believe , there is no such intire work extant , in imitation of the septuagint translation , there may be seventy appointed for this to be in latin , and for the homilies and catechism in english : which being don , let al the present expositions be sent to the library , or the fire . that the same persons or others be ordered to pick out of the scripture al such passages as tend to the encouragement of a holy life , and to put them into one piece in english for common use . i have heard som sober men wish , that english bibles were not so common , that the ignorant and unwary might not wrest the hard texts to their own destruction , nor to that of the public peace : but you know , i have often told you , i look'd upon the variety of translations out of the original into the vulgar languages , as the best comment . these things being don , to take the printing of books into the state ; it is as necessary as the mint ; false coynage of books has don england more mischief , than ever that of mony did , or wil do ; the licensing of printing , or importing from beyond-sea , wil not otherwise prevent great evil to church and state. that there be but a convenient number of book - sellers permitted ; those to be under obligation , to vend no other books , then such as are printed in this allow'd printing-house , where forrein books with advantage to the public may be reprinted . the hindering forrein coyn from being current , is not so useful and advantageous , as the care in this wil prove , to the kingdom . when things are thus far settled , the bishops ( who are not to be chosen under forty ) are to see , that al ministers , school-masters and church-wardens , do their respective duties ; going about , and visiting parish by parish , as was the antient practice , confirming , after examination , and exhorting al to continu obedient to the laws of god and man ; reprehending and suspending such as they find faulty without favor or affection , the ministers and school-masters , from office and benifice ; the people from the sacraments ( which is every where monthly at least to be administred ) til after repentance express'd in the reformation of their lives . as for the iurisdiction of ecclesiastical courts , because it is a kind of imperium in imperio , and that thro the greatness of the bishops other charge , they cannot officiat in this , to take away and prevent abuses it is to be laid aside ; and other , or the same punishments for the crimes there usually tryable , inflicted in the ordinary courts , upon the bishops , or the minister and church-wardens certificate of the matter of fact ; in whom alone the power of examination shoud reside : and , because the office of bishops , ministers , and school-masters wil be of great labor , none shoud continu in them beyond sixty , nor so long unless they are found fitting : after that age , al of 'um to have a handsom decent retreat in colleges purposely built ; where the superannuated of each province , the emeriti in the christian warfare , may spend the remnant of their days without care , in quiet and devotion . to assist and ease the bishop , there shou'd be , as formerly , rural deans over every ten or twenty parishes . part of the ministers business shou'd be to instruct the boys every saturday in the schools , in al the duties of religion ; to catechize and read the prayers and homilies on sundays in public ; the rest of the week , between the times of prayer to be celebrated twice a-day , to go from house to house , exhorting and dehorting , as occasion requires , visiting the sick , and examining the needs of the poor , reconciling differences between the neighbors , and taking care , that in every family the children , such as are found fit , by the electors appointed , not by the parents blind fondness , be constantly sent to school . after the continued practice of this course , christianity wil again flourish ; the years of the minister wil make him sober and grave , fit to give counsel , which from young men is now despis'd . there wil then be no need of spending time in writing controversies , or studying sermons , which as now preach'd are rarely understandable or useful to the people ; of whom it may be said , the one is always teaching to no purpose , and the other ever learning , and never coming to the knowledg of the truth . the school-masters are not only to be learned , but sober and discreet men ; to be oblig'd never to whip , or beat the boys ; whose faults are to be punished by exercises , by standing mute or kneeling for certain spaces , or by fasting from their victuals , &c. those that are good , to be incouraged by priority of places , by commendatory verses made by the higher forms , &c. the boyes that need beating , are as unfit to be taught , as the man is to teach who uses that tyrannical way , which too much debases the meek-spirited , and makes the sullen more stubborn and il-natur'd . that whatever any persons bestow on the masters be converted to publick charitable uses . the method of teaching to be drawn up by som of the members , ( who , 't is presum'd , wil mix things with words ) and approv'd by the whole royal society ; that confirm'd and al others prohibited by law. that in the universities , none be suffer'd to continu beyond the age of forty-five , nor above two in any one house or colledg after thirty-five . that a new method be likewise fram'd by the same persons for al the liberal arts and sciences ; and that new academies be built for training up young noblemen and gentlemen in those exercises , which to the shame and loss of england are now learnt in france . that handsom and sufficient salaries be fixt , and paid out of the public revenu , according to every mans quality : bishops equal to one another , deans to deans , ministers and school-masters to each other : and these to be chosen gradually , as the pure consideration of merit shall invite the electors . and to inable the public as wel in paying these salaries , as in building of schools , churches , colledges and hospitals , the whole revenues of the church , free-schools , universities , and hospitals shoud at the highest valu be annex'd to the crown , or sould to others that wil give more ; the overplus sav'd by this new model , and the mony they woud yield beyond any other land of england , in regard the annual rent is not a fourth of the real valu , and yet may be ordered equally advantageous to the tenants , as the fines now make them , woud complete this work. thus converting the patrimony of the church woud be no sacriledg , the pious use is carryed on to the good of al ; and perhaps as first desin'd by the donors , when provision for wives and children , not in being , coud not be thought of ; the care of whom distract many from their duty , and dis-able them from keeping in decent repair the antient monuments of piety built by our ancestors . but all these things to be don , without the least prejudice to the present incumbents . when education is thus setled , the duty and interest of church-men , and their care of wives and children removed , plurality of livings , and simony prevented , as wel that of friendship , of the smock , marrying of cousens neeces , crooked sisters , or ladie 's women , as that of the purse ; al which in themselves are equally criminous , none but good men wil undertake the charge : and then the objections wil vanish which loose education has infused into the wild and foolish , viz. that religion is a cheat , a tric of state ; that the parson follows christ for the loaves ; speaks as does the lawyer in his trade , not that there 's any truth in 't , but because he has bosin lingua , &c. to do this , is neither so strange , nor so difficult , as was the greater alteration made by henry the eighth ; who had not in story bin so infamous tho he had seized on the whole temporalities of the church , had he but thus disposed of som part . and by the way you may take notice , that the house of commons in this point had been cromwels in the sixth and eleventh years of henry the fourth , who upon their advice had seized the churches patrimony , had they not by friends and mony prevented the blow ; and that de facto , several bishoprics and livings were injoy'd by som of his predecessors , which appears not onely from history , but from printed acts of parliament . that it wil be no hard matter , from graunts observations , and the bils of mortality , to make a computation of the numbers necessary to be sent yearly to the universities , for divinity , law , and physic : the last of which ought so to be regulated , as not to suffer any to kil ( rather than cure , ) which is daily don in london , and other parts of the kingdom , to the prejudice and scandal of that honorable and somtimes useful profession , to the loss of the peoples mony and lives , to the maintaining of many idle , and ignorant mountebancs , and impostors , who to the greater advantage of the common-wealth , might be employed , in more safe and beneficial trades or ways of living . this course wil also prevent such evil consequences in church and state , as formerly attended the superfaetations of the clergy , and the breeding up of servitors and poor scholars ( as they wel cal them ) in the universities ; who being generally of mean birth , and no less mean parts , and the attendance upon their masters not suffering them so wel to attend their studies ; and their subsistance by service failing them after they had staied at the university , no longer than to incapacitat and unfit them for any other way of living , and yet not to qualify them for turning preachers , however , having chopt a little logic and disputed of ens rationis , and so fancying they coud build castles in the aire , they assume the confidence to conclude , they cannot miss of habitations on the earth , and so from the lowest of the people , getting to be put into the priests office for a peece of bread , they becom a great cause of , as wel as they are in effect , the contempt of the clergy . and those for want of knowledg , lay their foundations in erroneous doctrines , in which nevertheless they coud not succeed , but by pretending an extraordinary mesure of saint-ship or holiness , railing at the sins and abuses of the times , which themselves have occasion'd . thus they creep into houses , and first lead silly women , and then their husbands captive , as adam by eves perswasion eating the forbidden fruit til he surfited and died , so these ignorant zelots not content in king iames his time and the beginning of king charles the first , to rob the kingdom of many families , til at last , they made themselves the boutefeus of the late horrid rebellion ; which tho it may be said , to have been principally occasion'd , by such as these , yet not without som episcopal mens having a finger in the pie : for , to say truth , i know not whether the too great stifness in the one , for their old , or in the other , against those formes , was most blameable . but this i know that by the collision of both parties , as of flints , a fire was kindled not unlike that in the tayles of samsons foxes , which proved as destructive of the expectations of profit each had of their own crop , as the other did to the philistines corn ; yet had the evil of that , not extended to any others , but those of the pulpit , we might now have talk'd on 't without much regret . what ever such violent disputes , have formerly been able to do , 't is my duty to wish , and yours to endeavor , that england be no more the stage of such tragedies . refraine not counsel when it may do good , and be not backward in advising that toleration is the first step , and education the next that perfectly leads the way to peace and happiness . this cours being taken , we shal have no cause to dispair , but that religion wil again resume its naked truth , that the doctrines of men wil be judged better or worse , as they more or less incline to holiness of living ; and thus being reduced to a calmness within our selves , we need not fear the designes of forrainers . of whom none , but france , can be supposed to have any upon england ; and if that be granted , why may it not be prevented , by observing stil the same rules of policy , which this crown formerly practised ; that was , so holding the ballance between the then two contending powers of spain and france , that neither shoud be able to obtain their aims , the universal monarchy of the west ? but now the case is alter'd , in that spain being much weakned by the accession of the west-indies , and grasping more than it coud wel hold in other countries , has quitted the field , and left france without a rival : so that the present interest of england seems to be the same with that of al europe , viz. to oppose by al possible means the growing greatness of france ; and reduce that crown to such a condition , as may not leave it in his power to hurt his neighbors . by what they have already compassed , one may guess they wil ere long bring about , if not timely stopt , their long design'd ambitious purposes : in the prosecution of which , they were in the late times of usurpation , the under-hand instrument of the war with holland , as they were of the two following , in sixty-five and seventy-one , blowing up the feuds on both sides , pretending to take part with each , but not really purposing it with either . having the same desine of weakning both parties , as the brittains formerly had , in throwing a bone of contention between the picts and scots , that they might in the end be the better able to overcom both ; in the mean time the french king gain'd an opportunity of building ships of war , and training up seamen , of which he was before destitute ; so that had not these quarrels , and our late civil wars given him a pretence of increasing his maritin power , we might stil , even by threats of burning the ships upon the stocks , or in the harbors , as did queen elizabeth , have kept that people under , and our selves from fear : but since by unavoidable accidents , the dice are so thrown , as that the fore is lost , let 's use the best of our art and skill , to retreive an after-game . there is no need to attempt the proof of what is as evident as the sun at noon-day , that the french king has a power great enuff , considering the present circumstances of europe , to make him hope , and al others dread his effecting that old define , which has bin the end of al actions of that crown for many years past ; which before he coud put in execution , his great obstacle and rival the spaniard was to be removed out of the way ; in order to which he judg'd necessary to fortify himself with some allyes , and engage others newters ; but foreseeing it was the interest of england and holland to oppose the one and assist the other , and therfore despairing to prevail upon either , he contriv'd to make both fall out ; not long after he took the advantage of unexpectedly invading the spanish netherlands , even while his agent then in spain was perswading that crown of his masters good intentions to continue in intire peace and amity with them . the consequence of which we wisely foreseeing , occasion'd our setting on foot the tripple league in the year . by which a stop was put to his further progress . and now perceiving himself disapointed , he makes various attempts in the years and , to invite england to break that alliance ; but finding his fineness vain , he oblicly endeavors it , by renewing the old , and inventing new grounds of quarrels , by such agents and pensioners in the state of holland , as his wealth had purchas'd ; which at last made them commit such insolence , against the honor of this crown , and the interest of the people in point of trade , as brought upon 'um the last fatal war , into which he no sooner drew the hollanders , than he rush'd into the very heart of their country . this sudden event made them confess their error , and our king the sooner to conclude a peace . the parliament was then and since very desirous his majesty shoud ingage with the dutch and spaniards against france ; and without doubt he knew it woud be his interest so to do ; but not at that time ; for tho the undoubted prerogative of the kings of england intitle them to make war and peace , he did not wave the former , because the parliament urged it , as the malicious suggest , but because he saw it not convenient . 't is tru the kings of england have bin pleas'd , to advise in such matters with their parliaments ; but that was an act of grace , and condescension , and ought not now ( if at al ) to be insisted on , so as to deny the king that liberty , which as a man he cannot want , that of examining and approving or disapproving what his great council shoud advise : for no man in his wits wil dream , the lords and commons have a power of imposing what they please upon the king , when without his assent , they have neither power nor right to make any act. the king considered , that peace is the happiness of a kingdom ; that war being a real evil , is never to be undertaken , but to avoid a greater ; that his treasures were exhausted by the war just finisht ; that his people had not recover'd their losses , by the plague , fire , and wars , and therfore were unable to bear the burden of heavy taxes , which of necessity must have bin imposed , to carry on a new one ; for which great preparations ought to be made , both of men , mony and shipping ; the former were no less wanting , than the last much impaired and diminish't . he consider'd , that the french king had not only bin amassing great treasure for many , but had also bin three years training up an army in al the disciplines of war , that it was necessary , before one king entred into a war , to compare his own and the others strength , whether with ten he were able to meet him with twenty thousand : that he ought to make alliances , and to have cautionary towns , before we declared our selves enemies ; that so great a desine was not to be made public , before things were ripe , least the dutch and french might clap up a peace , and that potent king turn against us the fury of his arms , for whom certainly in those circumstances , we shoud have bin a very unequal match . i am perswaded , that these , with other much wiser considerations not obvious to every man , convinced the king a war was on no score at that time seasonable : and to this opinion i am mov'd , by my sense , that the king coud not but reflect , that when the french king had subjected al the rest of europe , he woud not fail to ad england to his conquests , in which our kings losse must needs be greater than his subjects ; for it is unreasonable to think , that tru policy woud let the french king suffer any of the royal family , especially the king of england and france ( at whose title and arms-bearing he is not a little offended ) to outlive the loss of the crown ; since he coud not but believe , they woud be perpetually endeavouring , the regaining their own right : for tho subjection be unequal to al , 't is not so intolerable to any , as to those us'd to govern : and therfore t is an idle and and senseless inconsiderat fancy , to imagin the king and duke coud forget their own interest , or be frenchifi'd upon any promise or bargain , as is maliciously insinuated , that they might be more absolute , which can't possibly be in their thoughts or wishes . who know that , between kings or states , covenants are binding no longer than convenient ; that the french king has ever shewn , that his interest only or his wil is the rule of convenience . that he that makes war for his glory , has more ambition to put his chains upon princes , than on the people : his thoughts are as large as any of the roman emperors , and they esteemd it a greater glory to lead one king in triumph , than many thousands subjects of several kingdoms . and it is not to be suppos'd that the natural strength and situation of england , can be a sufficient defence against the power of france , when to that he has already , is added that of all the rest of europe , unless you can dream they may have a fleet greater than all , and may at once resist , by those walls , the invasion of others , and defend their merchant-men at sea ; which if not don , without an invasion , by spoiling the trade , england will be destroy'd , or which is altogether as bad , be render'd very poor and inconsiderable . and that this has bin his majestyes sense , may be guess'd by the progress he has made since the war , mediating a peace as best became a good king , and giveing his subjects an opportunity of enriching themselves , and inabling them to bear the necessary taxes , by ingrossing most of the trade of europe , and at length finding his endeavours ineffective , he prepar'd himself to resist the french desines by force , by providing a fleet , and knowing that he that fights with another must have skil at the same weapons , he suffer'd such of his subjects as were willing ( but on capitulations to return when he pleased ) to serve either the confederates or the french , not only to be fitted to lead others , but also to understand the new arts of fighting , which are greatly alter'd from what they were in former times . the king having thus prepared things , i hear he is so far from being backward to declare war with france , that he wil gladly do it , if his parliament wil but find out a sufficient means for carrying it on effectually : which i apprehend must not be ordinary , for that the war , if undertaken , is like to be of long continuance , and you wil guess that 't is no longer to be delay'd , if you wil but bring before your eyes , the danger we and all europe are expos'd to , by comparing the present power of france with what it was in the days of francis the first , and observing what he was then able to do , when assaulted by charles the fifth , who was not only emperor , but had all the power of spain , the seventeen provinces , of naples , sicily , sardinia , the dukedom of milan , and the riches of the west-indies , who was as wise , couragious , and fortunat a captain , as most ages of the world have known ; one who manag'd his own councils , & like alexander in every action appear'd at the head of his army ; who had above a hundred thousand wel disciplin'd men , led by many great and experienc'd commanders ; who was able , by a mighty naval power , to begirt france on both sides , from flanders and from spain . yet at that time france courting the same mistriss , the universal monarchy , was so powerful a rival , that he durst not attempt his removal out of the way of his ambition , without the aid and assistance of henry the eighth , the pope , and several princes of italy ; nor even then did he think himself secure , til he had drawn to a defection , charles duke of bourbon , the most considerable prince of france . and yet after all , he was forc'd to clap up an accommodation , on terms sufficiently advantageous to that crown . if so mighty a power , and so united , coud not prevail against francis the first , how unlikly is it to resist lewis the fourteenth , a much greater prince , when that power is now so much lessen'd , by being broken and divided into several hands ? when the emperor gives himself up more to devotion , than martial or state-affairs ? when the king of spain is a youth of sixteen , and when the seventeen provinces are canton'd between the spaniard and the states general ? when these several divisions and interests occasion long debates , different opinions , and slowness in preparation and action ? when all that was formerly manag'd by one single head , is by these accidents brought under the conduct of several governors , of whom , it 's possible , som may prefer their privat advantages to the interests of their masters ? this has made som conjecture , the french king has open'd more gates with silver keys , than by force of arms ; and has induc'd others to conclude , that the confederates wil hardly be able to defend the remainder of the spanish netherlands , another campagne , if not assisted by the joynt power of the rest of europe : this you wil easily believe , not to be ill grounded , if you consider the present greatness of france ; lewis has about four times the revenu francis had , and at least four times the army : nay rather , all his people are now in a manner souldiers ; 't is not only scandalous , but a vain attempt , for any gentleman there to make court for a wife , before he has serv'd a campaign or two , nor are any of the nobless sufferd to live at ease in the country , that do not go , or send som of their sons to the war. these practises enabl'd him last summer , in fifteen days to send forty-five thousand gentlemen , with their servants , at their own charge to raise the siege of charleroy . and to make the monarchy more absolute , matters have bin so order'd , that their parliaments are become ordinary courts of iustice , and have no other laws than the edicts of the prince's wil ; and if at any time , he condescends in formality to assemble the three estates ( who had in francis the first 's time the power of parliaments ) 't is but to tel them by his chancellor , the king wils you do thus or thus , you are not to advise or dispute , but immediatly ratify his commands , which accordingly are obey'd , as the effects of a despotic power . in the beginning of the year , he was not able to man out twenty ships of war , and now he has about two hundred ; he has not only vast treasures heaped together , but the strings of all the purses of his slaves rather than subjects in his own hands . if without any assistance he has already gain'd lorrain , franche comte , a great part of flanders , and no inconsiderable footing in germany and sicily , and in the beginning of the last campaigne three such strong holds , as valenciennes , st. omer , and cambray ; the weakest of which , most men thought , woud at least have made him whole a summers work , what wil he not be able to compass , against the rest of europe , when he has got the accession of germany , and all the low-countryes , to that already too boundless power by which he has fetter'd his own people , and subjected them to an absolute vassalage ? wil other nations expect better terms , than he has given his own ? 't is wel if he wil allow them even canvas and sabows . but above all , what can england hope , having for many years forc'd him to check the reins of his ambition , and is , i presume at this time ready to put on the caveson . books have already bin printed shewing his pretentions to this country , which , tho weak and silly , may help to spur him on in the pursuit of his glory . nor can less be expected from those , who by a confederacy with the late usurpers , gave an opportunity of taking away the life of the first charles , and of pursuing that of the second , to whom his own cousin german unhospitably deny'd the continuance of a retreat , when the vicissitudes of human affairs , to make him afterwards appear more glorious , vail'd him in clouds of misfortunes . what can be hop'd from him who contriv'd that never to be forgotten affront of burning our ships at chattam , and who is said to have had no smal hand in the firing of london : who tho stil'd the most christian , declares as an unalterable maxim , no treaty binding longer than it consists with his interest , not founded on religion , or reason , but on glory ? the very heathens were anciently , and the turks at this day are more punctual to their oaths and promises , the falsifying of any thing confirm'd by the adiuration of their gods , or mahomet , was , and is accounted infamous . but what treaties , or capitulations can be reckon'd which the french ministers have not violated ? have they not broken the famous pyrenean treaty , confirmd by oaths and sacraments ? and contrary to a solemn renunciation and the double ties of blood and marriage , before a breach complain'd of , or a war declar'd , invaded the territoryes of an infant king ? have not they by address , and cunning , by bribes and rewards , endeavored to corrupt most of the ministers of europe ? such practises amongst privat christians woud be abominable , and much more so , between any kings not stil'd the most christian. do they not publicly abet the proceedings of the rebels in hungary against their lawful prince ? and whatever the pope may be induc'd to beleive , not for the propagation of the romish religion ( for they are protestants ) but to serve his own ambitious purposes of enslaving the world ; of which , rather than fail , he has decreed to bring in the turk , in whose courts also he has found arts to make his coyn current . nor is the infallible man whom he has already pillard to scape him , at least as to the temporal part of his power , for not thinking that affront great enuff , and concluding , he has not as he ought , imploy'd it for the french interest , he is said to have privatly vow'd not only the lessening , but the abrogating of that great authority , in which his predecessors pepin and charlemain's charity had vested him . nor is his countenanceing the iansenists , a sect more dangerous to the see of rome , than that of luther or calvin , a smal argument , that he intends to pul down his spiritual grandeur , by fixing it in a gallican patriarch . but to com nearer home , have not the french had a main hand in our civil wars , and were they not since the secret instruments of spilling the blood of many thousands of our fellow subjects ? to som of whom , tho now they pretend civility , 't is not to give them a share in their glory , so much as to hazard their lives , making them steps to the throne of an unjust empire ; in order to which , they have expos'd them on all occasions , in hopes by weakning us , to remove out of their way the greatest block which has already given them check , and wil now i hope stop their carreir and mate them . and is it not time think you , that all the princes in christendom , for their common safety , shoud unite , not only to chase the french king out of his new conquests , but confine him to his ancient dominion and manner of government ? if this be not speedily put in execution , i may without the spirit of prophecy foretel , som of the princes of germany and italy who now seem unconcern'd , wil when 't is too late repent the oversight : the fire is already kindled in their neighborhood , and if they do not help to quench the flame , they wil quicly see their own dwellings laid in dust and ashes . every new acquist and accession of power inlarges our desires , and makes the ambitious man think , that which before seem'd not only difficult , but impossible , to be very plain and feasible ; the success of the french has already made them think no enterprise too hard , and and stil prompts them to push on their good fortune , which nothing can withstand but a general opposition of other princes . you see then , 't is not so much honor nor friendship , nor a desire of succorring the injur'd and oppressed , that invites the rest of europe , to the assistance of the netherlands , but the care and preservation of their laws and liberties , their glory , and their fortunes : and tho i am apt to believe on englands entring into the league , the french king woud gladly conclude a peace : yet i can't but think the doing so , woud be against the common interest , on any other terms , than quitting all his new acquisitions , and even then the confederats wil be out in policy , if they do not stil continue in a posture of defence , both by sea and land. the dutch paid dear for the contrary practise , and their sufferings in wil convince them and others , that so long as lewis the fourteenth lives , his neighbors must not expect to sleep in quiet ; they cannot prudently hope , his future practises wil be more just , than his former ; he that has already broke thro so many obligations of oaths and treatyes , is likely to do so agen ; whoever cannot be kept within bounds by the sense of reason and iustice , wil despise the weaker tyes of forced oaths ; for he that avows power to be the rule , and strength the law of iustice , wil not stick to say , this peace was an imposition , an unjust restraint of the lawful pursuit of his greatness . and therefore as soon as he gives his wearyed armies a breathing time , and sees the confederates dispers'd , and their troops disbanded , he wil like an unexpected torrent break-in upon som of his neighbors . the common inscription of his cannons ratio ultima regum , is by him inverted to a contrary sense , and made a public warning to mankind , that he desines , as god did of old , to give law to the world in thunder and lightening , to scatter by the flames of his artillery al those clouds of the confederat forces that intercept and eclipse the rayes of his glory . he makes the power of his arms his first and last reason : he do's not only pursu , but commonly wounds his adversary before he declares him such , or gives him leisure to draw . first invades a prince's territories , and after sets up his title and cause of the war ; is not concern'd that all the world observes the pretence is false and trifling , vain and unjust , warranted by no other reason than that of absolute and unbounded wil , that he wil do so , because he wil ; which is the foundation and conclusion of all his actions and wars abroad , as wel as of his laws and edicts at home , express'd in these imperious words , tel est nostre plaisir . he do's not only tread in the steps , but out-go one of his predecessors , who in a quarrel with his holiness , sent him word , that what he coud not justify by cannon-law , he woud by the law of the cannon . his device the sun in its meridian with his motto non pluribus impar , sufficiently shews his intentions for the universal monarchy , and the haughty opinion he conceives , of his being the only person qualify'd for the goverment of more worlds than one , declares his resolutions of admitting no rivals in soverainty , looking upon all other princes but as so many smaller stars , or wandering planets compar'd with him the sun ; from whom after the antiquated and justly exploded opinion of som philosophers , they are to receive their borrowed light or power , as it shal please his mightiness to dispense : so that crowned heads , princes and republics , as wel as their subjects , are to expect the same meat that of slavery ; and tho that be not sweet , yet the sawce wil be sorer , poinant to all , tho perhaps a little differenc'd ; the former may be allow'd golden , while the later are to be manacled with iron-chains . in order hereunto , his ambition has made him resolve the conquering of the world after the example of alexander , whose title of great as an earnest of his future hopes , he has already assum'd . he has vow'd to make himself as famous to posterity , by his sword , tho not by his pen , as caesar has don : that paris shal give law to the universe , as rome once did , and that the ocean shal yield no less to the sene , than formerly it did to tyber . now if england , which alone is able to do it , prevents the execution of these vast purposes , what can we expect , but that one time or other , he wil seek a revenge ; and notwithstanding his promises and solem confirmations of peace , try against us the success of his arms , and by numbers endeavour for this mighty insolence , to chastise those , for whom even their own histories wil convince them , they are man to man a very unequal match . the dis-banding his forces for the present , is far from being a security , since he may raise them again at his pleasure . nor indeed do i imagin , he wil discharge his armies , since that were to give them an opportunity of rebelling , for which he is sensible , his people are sufficiently prepar'd , and only want either domestic heads and partisans , or forrein assistance , to rescu themselves from tyranny and oppression . and is it fit , while so potent and so near a monarch is in arms , that we sh●ud stand with our hands in our pockets ? no , i am perswaded , tho a present peace shoud be concluded , that the king and his ministers , wil think it for the common safety , and the particular interest of england , not only to enter with the confederats into a strict allyance offensive and defensive , but also , to put themselves into a posture of war both at sea and land. the end of war is peace , but a peace with france seems to me to be the beginning of war , or ( at least ) a preparation for one ; and i must ingenuously profess , tho war be a great evil , yet from all appearances , i dread the consequences of a peace more , for that without great care , it wil be of the two , the most fatal to england : but this consideration , as most fit , i leave to my superiors , and wil only ask you , whether before we engage in a war abroad , it be not fit , to secure a peace at home ? to reconcile by toleration , our differences in point of religion , that the french emissaries , or others , may not be able to strike fire into the tinder already prepared for the least spark . it must not be forgot , that , to divert or disable queen elizabeth from assisting france , or def●nding holland , phillip the second of spain incouraged and assisted tyrone , to rebel in ireland ; that in the long war between us and france , it was the frequent practice of that crown to incite the scots to make incursions upon us ; and i presume , it wil be consider'd , whether some ambitious men of that kingdom may not influence the people to favor or side with a prince who maintains great numbers of their nation , by the considerations that they are now but a province , that england denyes them an equal freedom in traffic ; that they may have better terms from the french in that and religion , in which by denyal of liberty they seem dis-satisfy'd . tho such persons can't possibly work on the wise , the considerative of the people , yet sure it were not improper to study a course , to prevent the unthinking croud , the rabbles being deluded by such fals and groundless pretensions ; which in my opinion are with more care to be provided against in ireland , where 't is said those and other motives may be urged : for there are computed to be in that kingdom about eleven hundred thousand persons , of which are irish , and of them above , born to estates , dispossest ; these for their losses , and others for restraint in matters of religion , are discontented , not considering their own rebellion occasion'd their ruin : ( by their murmurings i perceive let the sentence be never so just , it wil not hinder the condemn'd from railing against the judg : ) that , besides their suffering in estate and religion , they are yet further beyond the scots renderd uncapable of injoying any office or power military , or civil , either in their native , or any other , of their princes countryes ; their folly having thus reduced them to a condition more like that of slaves than subjects , many of the gentry go frequently into other kingdoms , but most into france , who may possibly be incouraged to return to move the people to a new sedition , especially if they can give them assurance of forrein assistance . the king wisely foreseeing this , directed in . his late vigilant and prudent vicegerent the earl of essex , to disarm the irish papists , and netwithstanding the exact execution of that command , it s said that his majesty intends to put himself to the further charge of increasing his army in that kingdom , beyond what now it is , and to appoint a considerable squadron of ships to guard and defend its coasts from any attempts of invasion , without which there is not the least fear of any intestine commotions . this , with the charge he has bin at in erecting a new fort in the harbor of kinsale , the most likely place to prevent the entring of any forrein power into that country , shews he has bin watchful to secure himself and people against the french desines . and now i touch upon ireland , i have heard som say , that it is not only convenient but necessary , to unite that kingdom to this , to make a new division of shires , to send only so many members to parliament , as coud no more join to out-vote us , than cornwal and devonshire with two or three other countyes : but i see not if they were thus made one , wherein their interest woud be different from ours ; many rather think they woud be losers by the bargain . others fancy pointings act shoud be repeal'd , that at first , tho a trick , it was necessary ; but now is not , all the power and almost all the land , being devolved upon such as are mediatly or immediatly english , and protestants ; and that by an easy contrivance , they might be still oblig'd to a dependence on the crown of england ; by which , it s said , if they are always so kept under , as to be no more than hewers of wood and drawers of water , they may in future ages be incouraged to a defection , and either set up a power of their own , or invite a forreiner , which might prove of ill consequence to england ; for the harbours and situation of ireland lying more convenient for trade , makes it that way , or otherwise , a ready inlet to the conquest of england . the people there , stomach the prejudice , in point of commerce , desined , tho not effected , by the acts against their cattle , navigation , and plantation trade ; by the first they are said to have gaind vastly , by an increase in woollen and linnen manufactures , in shipping and forrain traffic , to the great prejudice of england : and i have bin credibly inform'd , by a person who examin'd it , that they have gaind communibus annis , forty thousand pounds sterling yearly , by the exported commodities of beef , tallow , hides , butter , and wool , yeelding so much more , after the passing that act , than they and the cattle did before , when transported together . and if the irish , of which there are few pure families left , have som pretence to the kings favour , as he is lineally descended from fergutius , second son of the then reigning king of ireland , and first of scotland , which was anciently peopled from thence , the english there claim greater share in his majesties grace , and say of right , they ought to be accounted but the younger brothers of england . i coud wish with all my heart , the story were tru , i had from an irish gentleman in france , that his countrey-men were so pleased , that they were at last govern'd by a king descended from their own blood royal , that they had resolved , to pay his majesty and the successors of his line , the allegiance due from natural born subjects , not from a conquer'd people , which they now no more esteem themselves , nor desire to be accounted by others : how much of this may be tru you and i know not , but this i think , if all the natives were oblig'd to speak english , and all call'd by the name of the english of , ireland , and allow'd equal privileges in trade , the same usages and customs , begetting a harmony in humor , that rancor might in time be remov'd , which from a sense of being conquer'd renders them now troublesom and chargeable to this kingdom . this was design'd in part by queen elizabeth , and king iames , and perhaps had bin effected for the whole , but that the irish coud not be said to have bin fully conqer'd before the tenth year of his reign , which was after the making of those statutes . it woud be , i confess , an advantage to england , to be freed from the charge and necessity of keeping that kingdom under by a constant army ; and considering the inconveniences this nation has suffer'd , by their frequent wars and rebellions , their gain woud be more , if they had never conquer'd the countrey , in which the losses of the english coud perhaps be never better compensated , than by sinking it , if possible under water . the accession of so much people unto england , might make som reparation , for the greater number which to our own impoverishment we have sent thither . i have dwelt the longer , upon the considerations of scotland and ireland , to shew the frenchman may be mistaken , who , about ten or twelve years since , publisht a book of politics , chalking out the way for the french kings gaining the universal monarchy ( in immitation of campanella to philip the second on the same subject ) wherein , after several insufferable slights and indignities , intolerable base , false and malicious characters thrown and fixt upon the english , he tells it will be an easy task to overcome them ( but in the last place ) by sowing divisions among the king of englands subjects , especially those of scotland and ireland ; by false insinuations , jealousies and fears of popery and arbitrary government , &c. the prevention wherof wil be his majestyes particular care , and the parliaments , to inable him to carry on this great work of our common safety , against the common enemy the disturber of the peace of christendom by finding out an easy and sufficient fond , which naturally brings me to the consideration of taxes , allow'd by all understanding men , as absolutly necessary for the support of the body politic , as meat and drink for the natural : but what kinds are best , has been much disputed : before i descend to particulars , it is not amiss to observe in general , that no taxes can be just or safe , which are not equal . all subjects , as wel the meanest , as the greatest , are alike concern'd in the common safety ; and therefore shoud , according to their respective interests of riches or enjoyments , bear the charge in equal proportions : the contrary practice must of necessity beget murmurings and discontents , which seldom ending in words , proceed higher to blows , dividing the oppressed against the others , which wil certainly disquiet and disturb , and may probably ruin both . that all taxes shoud be proportion'd to the necessities of state ; that in computing these , the error , if any must be , is safer on the right hand , than in defect ; because the overplus may be order'd to other good public uses . that when taxes are made equal to the people , and proportionat to the charges of the public , 't is much more for the subjects ease , and the common safety , that they be made perpetual , than temporary : for , if the means of securing our selves against all the dangers to which we are expos'd , be not sufficient , we must undoubtedly yield our selves up to the mercy of our enemies , or suffer much vexation , in parting with further supplies from time to time , out of that substance , which nature or our own almost equally binding customes , have made but just enuff for the support of our selves and families ; either of which is very grievous : and because the event is uncertain , 't is hard to determin , which of the two is most destructive to the pleasures of life ; for he that says , the choice is easy , in that your enemies may take away your life , the other course does but render it miserable ; is in my opinion much mistaken , it being more eligible to have no sense at all , than to have it only to endure pain : for life is in it self a thing indifferent , neither good nor bad , but as it is the subject of pleasing or unpleasing perceptions ; and is then better or worse , as it has more or less of the one or the other : so that the proper question is not , whether it be better to live or not to live ? but , whether misery be preferable to no misery ? to which , not only reason but sense is able to give a satisfactory answer . you see then , that if the taxes fal short of their end , we are expos'd to great miseries ; and therfore to exceed is fafer , especially when things may be so order'd , that after the occasions are supply'd , the surplusage may be refunded , or imploy'd in the way of a banc or lombard , or public trade , as fishing or cloathing , &c. the first as an unexpected gift , wil be very grateful to the people , and the other wil not be less benificial because it must encrease their riches , and be a fond without new taxes for any future emergencies . that perpetuating the revenu is most easy for the people , and most convenient for public ends , wil farther appear from these following considerations ; that an equal tax tho greater than is needful , so the money be not hoarded up to hinder trade , but issued as fast as it comes in , for necessaries within the country , however it may for the present make som alterations in particular families , do's not impoverish the whole : for riches , as power , consisting in comparison , all , equally retrenching som part of their expences , remain as rich as they were before . this retrenchment may at first seem unpleasant and stomacful to those who think what they have little enuff for their privat expence ; but such ought to consider , if they refuse to part with som , they wil infallibly lose all ; that instead of being a free people , they may becom slaves , and wil not then have it in their power to keep ought of what they cal their own ; have no liberty or property , but at the pleasure of their conquering tryumphant lord and master : that then they wil be dealt with like beasts , now they have the liberty of rational men , i. e. of choosing with the wise merchant in a storm , to throw som of his goods over-board , to secure his life , and the rest of his fortune . when by prudent rules of oeconomy and temperance , they have par'd off those great extravagancies men are now given to , in cloaths , in meat and drink , &c. to the decay of their healths , and shortning of their lives , and have proportion'd their layings-out to their comings-in , what for the present seems so hard , wil becom very easy , and be hereafter no more felt , than the payment of tythes now ; which without doubt wrought the same effect at first , as this may be suppos'd to do . but what is yet much better , they wil make us rich ; for i am convinced , that the great taxes in the united netherlands have bin the chiefest cause of their great wealth ; and tho this be no smal paradox , and perhaps a new one , i am fully perswaded it contains a great truth ; for their great taxes necessitated great industry and frugality , and these becoming habitual , coud not but produce wealth ; especially considering that the product of labor is more valuable to the kingdom than the land , and all other personal estate , which i wil shew under the particular of trade . when the taxes are less than serve , or to last but for a time , those who do not make their expences short of their in-comes , but think they may without prejudice make both ends meet ; or if they exceed so soon as that proportion which now goes to the public comes in , it wil make things even again ; do not consider , how difficult it is to fal , and that in the mean time an accident may happen , that not only requires the continuance of the temporary , but also of imposing new and greater taxes : then , when perhaps it 's too late , they cry out , they are ruin'd , and undon ; and indeed , the case seems hard , yet can't be avoided . therefore to answer our present needs , and prevent for the future such great evils , the taxes are to be made perpetual ; so we being under a necessity of adjusting our privat affairs accordingly , a little time wil make them habitual to us , and insensible to our posterity : for , that if they be not perpetual , but to determin at certain or uncertain periods of time , they do not only becom uneasy to the subject , but inconvenient for the publick security , which may suffer much at home and abroad in the interval , before new supplies can be legally rais'd . i do not doubt , but you and your fellow-members , have it in yout thoughts , that all the customs and half the excise cease upon the death of our soverain , for whose long life every good subject is bound by interest no less than duty , heartily to pray ; but is it not to be remembred , that the period of humane life is uncertain , tho that of our evil which may thereupon insue , be not ; the occasions of our expence continuing , tho the means of supporting them fail ; that before a parliament can be conven'd , those others may be increas'd , because in the mean time the merchants wil fil the kingdom with goods , and sel them at the same rates they now do , reckoning that a lucky hit , and so anticipate the markets for two three or more years , with all manner of staple commodities , linnen , silk , salt , &c. which they have near at hand ; and with what perishable commodityes , they can procure , for as long a term as they wil last , and perhaps covetously and foolishly for a longer ; thus the people wil pay and lose , and yet the state grow poor , as wel for the present , as future , while the merchants only , the overhasty and immature , wil have the profit : and tho they talk loudest , the consumptioner stil pays the duty , and that with interest . in proportioning of taxes , we must have recourse to the necessities of the charge , which in my sence of things ought to extend to all that relate to us as single persons , in matters of right or wrong , as law , &c. as wel as to what concerns us , with reference to the whole in our public occasions , as of peace or war , forrein or domestic ; for i hold it altogether as reasonable , that the public shoud pay all those officers who promote and distribute iustice , as wel as those others now paid by the state ; in proportion to which , i hope our governors wil consider what wil suffice , for the management of all affairs that any way conduce to the joynt good of the whole body politic , and when that is known and fixt , leave the rest to our own particular disposal . but in this proportioning of taxes , we must rather look forward than backward . our home occasions are easily judged , but those abroad must be taken by other measures , the former use of mony compar'd with its present , the ancient demeans of the crown with what they are now , and the strength and power of our neighbours , especially the french ; concerning whom we are not to forget , that that crown is much more potent than it was heretofore , by the accession of large territories , which , when englands , gave it great aid and assistance in their war : that the expence of one years war in this age , is greater than of twenty in former times ; that then two pence a day woud go further than twenty pence now ; that six or ten thousand men were as considerable an army , as forty or fifty thousand now ; then a smal castle , moat , or ordinary ditch , was a good fortification ; but mighty bastians , large curteines doubly fortified with faussbrais , counterscarps , half moons , redoubts and great variety of other out-works , according to the nature and situation of places , with exquisite skil , and vast expence made and defended , together with the strongest cittadills , are now taken : then the charges of arms & amunition , bows and arrows serving insteed of fire arms , were inconsiderable : that now france has in constant pay above a hundred and twenty som say above two hundred thousand fighting men , whose standing army in former times exceeded not ten thousand , nor so many but on particular occasions ; then a single battle , or at most a summers expedition put an end to a war , no long nor formal sieges to spin out the quarrel . now the whole seene is changed , from what in those days it consisted in ; courage and strength of body , into that where patience in fatigue , dexterity in wit , and mony in purse shal make the coward and the weak an equal match at least , for sinewy and gigantic force . there is no doubt but as many of the english , as luxury and idleness have not softned into effeminacy , have stil as great valour and resolution : but they are to consider , that their old enemys , the french are not the same they formerly were : that they finding their first sa sa , or brisk onset woud not do the feat , and wanting courage to rally , nature having deny'd them bodily strength , but to supply that defect , having given them wit to use stratagems , have quite changed the scene of war , and taken their leave of the old way of venturing body to body . that in queen elizabeth's time , thirty ships , such as perhaps exceeded not our third and fourth rate frigats , were the fleet which gave law to the biggest part of the world , the sea ; and without the help of storms , doubted not to have overcom the too arrogantly styl'd invincible armada . that in those days few besides the kingdom of spain , and state of venice , had any ships of war : that france and holland were then very weak , and all four unable to contend with us : that now the swedes , danes , hamburghers , ostenders , and algerines , &c. have considerable fleets . that the states of the united provinces have much more shipping than the french king , who yet has upwards of two-hundred men of war , and many larger than most in europe , and is every day building more ; and lest he shoud yet have further need , i have an account , he has lately countermanded about fifty sail of st. maloes and haven de grace , merchant-men , of considerable force , bound to new-found-land . if then his power be so vastly increas'd , that as he gives out , he has cash for five years charge , and provisions and forrage for two . that his ordinary revenu in france , not to speak of his new acquisitions , amounts by the most modest computation to above nine millions sterling per annum ; and his country being rich , and the power in his own hands , he may at any time raise what more he pleases : is it not then necessary to consider our own strength , and by sufficient supplies at home , as wel as allies abroad , secure our necks against that yoke with which he threatens to inslave all europe ? nor wil it be amiss for the subject to observe , that the french by fomenting our quarrels forein and domestic , have bin the main occasions of the great taxes and impositions ( necessary appendages of the former ) under which the english nation has groand for these last forty years , even the ship-mony had its rise from the affronts their pride and insolence threw up on us , and they wil yet oblige us to suffer more , unless by the joynt force of our arms and mony in a round and larg supply for the war , we speedily inable our selve's , to revenge our past injuries and their present desines , and so put it out of their power , either by this or any other of their crafty practises , to disturb or hurt us for the future . and 't is to be consider'd , that as the expences abroad are much greater , so they are likewise at home ; that an hundred pound before the eighteenth of edward the third , was equivalent in intrinsic valu to three hundred pound of our now current mony ; their groat being rais'd to our shilling . that our expences are not only far greater than they were in those days , but that our necessary uses require ten times as much as they coud be then suply'd for ; perhaps no less occasion'd by the discovery of the west indy mines ( the plenty of every commodity making it cheap ) than by our own much greater extravagance : whence it is plain , that the present re-venu of the state , even for necessary occasions , ought to exceed the ancient , as thirty does one . and since our great intrest , no less than honor , lies in securing the dominion of the seas , and by that our trade ; our fleet must be answerable to that of our neighbours ; it wil then , allowing the english , man to man , to be a third stronger than the french , seem reasonable , to have an hundred and fifty ships of war in constant readiness . and comparing the charge of the admiralty , by taking an estimat of what it was in queen elizabeths time , and in the beginning of king iames's . , with what it has bin since this kings raign , which if i mistake not , i have bin told by more than your self , was offerd to be made out in parliament , to have bin per annum . but granting it was but , it must follow , that our fleet has bin ten times bigger , than that of king iames , or that the charge is now ten times more ; that if it be yet necessary to inlarge it treble , to make it strong enuff , that wil increase the ordinary annual charge by the first account to , by the last to . and if the building of thirty ships require near p. how much more wil be wanting to compleat the fleet sail , and to continu building every year , with an allowance of one third less , in proportion to the french kings ? by which we can not yet reckon our selves secure from the common foe , without a strict alliance with the germans , dutch and spaniards . if then the ordinary occasions of our fleet require thus much , and the extraordinary a vast addition , the common expenses in every particular above thirty for one , more than in edward the thirds time , when the crown had a large revenu in lands , what wil all need in the extraordinary accidents of war , &c. now when these are almost dwindled into nothing ? but these considerations i leave to the proper persons ; yet , by the by , give me leave to tel you , they were never thought of , by those mal-contents , who have talk'd loud of the great supplies this king has had : this alone cancels the obligation ; he that brags of having don another good turns , pays himself , and does not only free but disoblige the recever : it woud have argued more ingenuity , not to have compared the subsidies of this kings raign , with those of his predecessors , without taking notice , that perhaps his occasions required more , than all theirs did . that dureing the eighteen years he and his father were kept out of their rights , he must have contracted vast debts , for the support of himself , his army and his followers ; that the great revenu of the crown was in a manner gon ; that other kings had squees'd vast sums from their subjects , by loanes , monopolies , &c. of which no mention was made in the computation ; that the building of ships and above four years of such war at sea consum'd more , than any one hundred years war at land , since the conquest . that the consideration of the vast charge dunkirk put the crown to , at least three times more than it yeilded , occasiond the advise of its sale. that tangier has stood the king in very great sums . that til of late , the supporting the charge of irelana helped to drein the exchequer of england ; that the intrinsic valu of one million formerly , was equal to that of three millions now , and in real use to thirty millions ; for the tru intrinsic valu , or worth of mony , is no otherwise to be computed , than according to what it wil purchase for our present consumptions ; which i have reckond to exceed those of old but by ten , tho i have heard others say much more . but that which has made these complaints so loud , has not bin only inconsideration , or perhaps malice , but the inequallity of imposeing the taxes ; those great inconveniencies may be easily obviated for the future , by maki●g and applying to particular uses , such sufficient and equal fonds as are necessary to be setled : i wil only instance in one , that of the customes , which seems originally to have had its rise for that end , & therefore ought to be appropriated to the use of the navy ; i wish it were great enuff , for such as our safety requires . and if this course be taken in apportioning the revenu , the public and privat expences are to be generously computed ; the doing so , wil remove iealousies and distrusts on all sides , the king wil be under no necessity of straining his prerogative , by hearkning to the devices of projectors , the people wil be quiet and at ease ; and then every man may safely sit under his own vine , and his own fig-tree , and enjoy with pleasure the fruits of his labor . if you look into the histories of past ages , you wil find the disputes of the prerogative on one hand , and of liberty on the other , were alwayes founded on the want of mony ; and he that considers the evils that have ensued , wil soon believe it very necessary , to prevent the like for the future , by applying to every use of the crown or state , ( i do not say to the person of the king , whose greatest share is the trouble , while the subjects is security and ease ) a sufficient and perpetual revenu . this act wil beget an intire confidence and love , and so unite us to one another , as wil make it impossible for any storms without , or commotions within , to shake this kingdom , so founded on a rock ; against which , all , who make any attempts , must needs split themselves and fortunes . i have , according to my wonted freedom , given you my thoughts , why i think it more convenient , both for public and privat , that the revenu were sufficient and perpetual : against which , i never met but with one objection , to wit , that if that were don , the king woud not so frequently , if at all , call his parliament : as if there were no use for this great council , but raising of mony : the altering or repealing the old , and making new laws ; the reforming of errors and abuses , in inferior courts of iustice ; the deciding the controversies , those courts coud not , and many other things woud make their meeting necessary ; the king woud see 't were his advantage to cal them often , since besides that there is safety in the multitude of counsellors , all that happens to be severe and harsh , woud light on them , and yet none coud be offended , because the act of the whole : nor coud his majesty but be sensible that all innovations are dangerous in a state ; for it is like a watch , out of which , any one peece lost woud disorder the whole ; that the parliament is the great spring or heart , without which , the body of the common-wealth , coud enjoy neither health nor vigor , life nor motion , that while they mind their duty , in proposeing and advising what is best for king and people , without privat respect , leaving him the undoubted prerogative of kings , of nature and reason , of assenting or dissenting , as he is convinc'd in his conscience , is best for the common good , which is to be his measure in all actions , as the laws are to be the subjects rule ; i see not why it shoud not be his interest , to cal them frequently . that none can be suppos'd to advise the contrary , unless som few great men , to avoid , not so much perhaps the iustice , as the passion , envy and prejudice of som , in that iudicature , to whom they may think themselves obnoxious : but granting this , 't is unreasonable to think , so wise and so good a prince , wil prefer the privat interest , of any single man , tho never so great , before the general good and satisfaction of his people : i shoud rather think , he wil in the words of his royal father , in a speech to his parliament , give in this , a ful assurance , i must conclude , that i seek my peoples happiness , for their slourishing is my greatest glory , and their affection my greatest strength . his majesty wel knows , with what tenderness and love his subjects are to be treated ; that 't is more safe , more pleasing and more easy , to erect his throne over their hearts , than their heads , to be obey'd for love rather than fear ; the dominion , founded on the later , often meets the same fate , with a house built upon the sands ; while that establish'd on the former , continues firm and immovable as a rock : he is not ignorant , that as the multitude of the wise is the welfare of the world , so does the being and wel-being of the english nation , consist in the frequent counsels , deliberations and acts of king and parliament ; in which providence has so blended the king and people's interests , that , like husband and wife , they can never be sunder'd , without mutual inconvenience and unhappiness . the sense and observation of this , makes our king's reign prosperous , and gives him a more glorious title than that of king , viz. the father of the country , and the great god-like preserver of his children's rights and liberties , who , out of a deep sense of duty and gratitude , must own and remember who tels them , that a wise king is the upholding of his people ; and therefore , cannot but pay him even for their own interest , all imaginable loyalty , deference , and respect , giving up their lives and fortunes for his ( or which is all one , their own ) safety , who studies nothing so much as their good and wel-fare . besides , the king has already past an act , that a parliament shal sit at least once in three years , and in several speeches he has declar'd himself ready to do what further we shal desire , for the better security of our liberties , properties , and religion ; why then shoud any think , he woud not esteem it his own , as wel as people's interest , to consult often , and upon all suddain occasions , with his parliament ? for my own part , i shoud rather believe , by continuing this so long , that he woud not be against their assembling thrice a year , as , by the grace of former kings , was accustom'd , for many years , before and after the conquest . but to put all iealousies to silence , the parliament , in settling and appropriating the revenu , to particular uses , may ( as they have already begun to do , in the act for building thirty ships ) grant it under a kind of condition , or proviso , viz. that the respective officers , give a ful account , of the employment thereof , unto the parliament , at least , once in every three years ; otherwise , all farther leavies of the same to cease , &c. having said thus much , in general of taxes , i com now to the partic●lar branches ; i have already shew'd the inconvenience of the customs , &c. determining with the king's life ; i wil further add , that the book of rates ought to be reviewed , and in the new one , a greater consideration had of the usefulness and necessity of the commodities , in placing the imposition on them ; viz. rating all the allow'd commodities of france , much higher than they are , raising the duty of their wines , to be at least equal , with that , on those of spain : i never yet coud be satisfy'd , what induc'd the compilers of that book , to rate spanish wines higher , than those of france ; since the height of duty is a sort of prohibition , which ought to be more taken care of , in the trade with france , by which we are vast loosers ; than in that with spain , which is a gainful one : the best reason i could find , is , that they did it inconsideratly , taking it as they found it left , by the long parliament , who by the sense of revenge for the war , were induced so to treat the spaniard . one might have thought the last impost on french wines , woud have lessen'd their importation : which colbert the financer observing it had not don ( i was assur'd at my return in august by fontainbleau , that ) in his measures for the next years charge , he valued his master on that account , not doubting but the parliament woud take off that duty of wine , which woud give him opportunity to put so much on ; that at this , the french king smil'd and said , for such a kindn●ss he shoud be oblig'd , and woud no more cal them petite maison ; but i hope notwithstanding his scornful quibble , he wil find such sober resolutions in that house , as wil set him a madding , and that , instead of taking off that duty , he may perceive more put on ; which is indeed the only effectual way to prohibit the importation , of these vast quantities of french goods , by which england is greatly impoverisht . to lessen the trafic of his people , is the first step to lower him ; which i am perswaded is best don , by imposing an excessive high duty , upon all the commodities , and contriving the act so , that nothing shoud pass duty free ; this course woud be a better restraint , than absolute prohibition : and 't is the method he himself has taken in the trade with us , which he had long since wholly forbid , but that upon examination , he found , it was driven to above l. advantage to his subjects , and loss to those of england ; this , rather yearly increasing , than decreasing , wil at length quite ruin us , if not prevented ; and yet notwithstanding , he imposes upon our cloaths four shillings an ell , as a sumptuary law , to oblige his subjects , to the use of their own manufactures . the next is the excise , which , if equaly imposed , were the best and easiest of all taxes ; to make it so , after the manner of holland , it ought to be laid upon all things ready to be consum'd . this puts it into the power , of every man to pay more or less , as he resolves to live loosely or thriftily ; by this course no man pays but according to his enjoyment or actual riches , of which none can be said to have more , than what he spends ; tru riches consisting only in the use . but the present excise is grievous , because heavyer on the poor laborers and meaner sort of people , than on the rich and great ; who do not pay above a tenth , of what the others do ; and considering , that most of the noble and privat families , out of london , brew their own drink , it falls yet heavier on the poorer sort , and wil at last on the state ; for , the common brewers do already complain , that they dayly lose their trade , many of their customers , even in london , brewing for themselves , to save the imposition . to speak the truth , in good conscience , this branch ought to have been imposed on the nobles and estated-men , rather than on the artificer and laborers , who were very slenderly concern'd in the grounds of it , viz. the taking away the wardships and purveyance , which was so great an advantage to the public , especially the richer , that that act of grace and condescension in his majesty , which freed us and our posterity , from great inconveniences and greater sines of subjection , ought never to be forgotten . this act gave us a greater propriety and liberty , than ever we had before ; and must the poor chiefly pay , for the benefit of the rich ? let it not be told to the generations to com , that an act so unequal was contriv'd by those who study only the public interest ; let it then be review'd , and either made general , on all public and privat brewers , by which the rich wil stil have advantage of the poor , according to the difference between strong and smal beer , ( for to allow public brewers , and prohibit all privat ones , as is practis'd in the low countries , woud never be endur'd in england ; ) or rather let it be plac'd on malt , or taken quite off , and laid on the land as a perpetual crown rent ; or let there be a general excise ( the most equal tax that possibly can be devis'd ) on all consum'd commodities of our own growth , or imported : which ought to be managed by proper officers ; the farming of any part of the revenu being of evil consequence , as i coud shew at large , both to the state and people . the hearth - mony is a sort of excise , but a very unequal one too ; the smoak on 't has offended the eyes of many , and it were to be wisht , that it were quite taken away , and somthing in lieu thereof given to the crown less offensive to the peoples senses ; i have heard many say , that an imposition on licenses for selling of ale , strong waters , coffee , syder , mum , and all other liquors , and for victualling-houses , might be as beneficial to the crown , and so order'd as might prevent or discover high-way-men , &c. i have read among the irish statutes one to this purpose , obliging among other things the inn-keepers , &c. to make good all horses stolen out of their stables or pastures . an imposition on all stage-coaches , carts , waggons , and carriers , set aside for the wel ordering the roads , woud be of general advantage ; as woud a tax upon periwigs , forving in part as a sumptuary law. a year , or half a years rent charg'd upon all the new buildings since , woud not only much oblige the city of london , enabling them by the difference of rents to let those many wast houses , which now to the ruin of trade remains un-tenanted , & also gratify the kingdom , by easing them from the common thredbare , land-tax . i do not question but , in this conjuncture , the wit of men wil be contriving new ways to supply the present occasions of a war ; for that a land-tax is slow and unequal ; and i am apt to fancy , that of the poll-mony wil be pitcht upon , as the most speedy levy , but must not be too great . as to my self , i am not sollicitous what course they take , but wish it such as may be equal , and so wil be pleasing to most : but be it great or smal , the king , as formerly , wil be agen defrauded , unless there be special care taken ; the way i apprehend is , that for twenty-one years to com , neither plaintif nor defendant be allow'd the benefit of the law , without producing an authentic acquittance or discharge , that they have paid this pol-mony , and averring the same in their actions or pleas. that the ministers be forbid to marry within that space any , who do not , women as wel as men , produce such certificats . that none be admitted to any office or command , civil or military , administration or executorship , freedom or privilege in town , city , or corporation , or receiv'd into any of the public schools , inns , or universities , if of the age limited by the act , except they make out the said payment ; which in three months after ought to be registred , with the persons names and qualities . now , in regard that england is already very much under-peopled , and wil be more so if there be a war : to provide against those evils , and to obviat in som measure the loosness and debauchery of the present age , i have thought of a sort of tax , which i believe is perfectly new to all the world , and under which 't is probable , if it takes , i have made provision for my own paying the crown no inconsiderable sum , during my life . 't is a tax upon caelibat , or upon unmarryed people , viz. that the eldest sons of gentlemen and other degrees of nobility upwards , shoud marry by twenty-two compleat , all their daughters by eighteen , and yonger sons by twenty-five : all citizen's eldest sons ( not gentlemen ) by twenty-three ; all other men by twenty-five . all the daughters ( not servants ) of all men under the degree of gentlemen , to marry by nineteen ; all maid-servants by twenty . that all widdowers under fifty marry within twelve months after the death of their wives ; all widdows under thirty-five , within two years after their husband's decease , unless the widdowers or widdows have children alive . i allow the women , as the softer and better natur'd , more time to lament their loss . that no man marry after seventy , nor widdow after forty-five . that all men cohabit with their wives . that the eldest sons of gentlemen , and all other degrees of nobility upward , and all other persons not married by the times limited , as afore-said , shal pay per annum a peece these following rates , viz. dukes , marquesses , and their eldest sons forty pound , other lords and their eldest sons twenty pound , knights , barronets , ten pound , esquires eight pound , gentlemen five pound , citizens three pound , all other retailing trades-men two pound . the yonger brothers or sons of all the fore-going persons ( respectively ) half so much ; and likewise the maiden daughters , or rather their fathers or gardians for them . all servants , laborers , and others six shillings eight pence . all the above-said widdowers or widdows , not marrying again under the age afore-said half ; but marrying again after the ages above limited , double according to their qualities respectively ; and all marryed men not cohabiting with their wives to pay quadruple . you may perceive i do not forget , in this scheme , to practice som of the courtesy of england towards the women ; that in regard it is not fashionable for them to court ( an hardship custom and their own pride has foolishly brought upon them ) they are tax'd but at half what their elder brothers are . these things i do not set down with a design of giving people a liberty of playing the fool as now , in matters of fornication under those penalties . for all single persons that do so , i woud have oblig'd under an indispensible necessity , to marry one another : and coud wish a further severity of punishment were inflicted upon adultery by the state , since 't is so much neglected by the church . it woud also be of great and public advantage , that all marriages were celebrated openly in the church , according to the canon or rubric , and the banes three several sundays or holy-days first published ; but if this must be stil dispensed with , that then all dukes and marquesses , and their eldest sons shoud pay twenty pound , all noblemen and their eldest sons fifteen pound , every knight and his eldest son seven pound ten shillings , every gentleman or others five pound , to the king as a public tax for such license , over and above the present establisht fee in the consistory court. that if all children may not be baptized openly in the church , the births of all even of the non-conformists , may be duly registred ; the knowing the exact numbers of the people woud be of great advantage to the public-weal , and conduce to many good and noble purposes , which ( for brevity sake ) i omit to mention . this course may perhaps prevent many inconveniences that young men and women bring upon themselves and the public : and since the concubitus vagus is acknowledged to hinder procreation , the restraint thereof wil be one means of advancing trade , by adding more people to the common-wealth , which perhaps in the following particulars you wil find to be the greatest occasion of its decay : an inconvenience by all possible means to be removed ; for that trade is the support of any kingdom , especially an island , enabling the subjects to bear the taxes , and shewing them wayes of living more agreeable than those of the savage indians in america , whose condition is but few degrees distant from that of brutes . since then it is so necessary , it deserves the parliaments best care , to restore it to what it has been , or make it what it shoud be . the first thing to be don is , the erecting a council or committee of trade , whose work shoud be to observe all manner of things relating thereunto , to receive informations of all trades-men , artificers and others ; and thereupon make their observations ; to consider all the statutes already made , and out of them form such bil or bils as shal be more convenient , and present them to the parliament to be enacted . there are already many discourses publisht● som of them woud be worth their view , and did they sit constantly , many would bring their remarks , and i my self shoud be able to give som notions on this subject , which for want of time i cannot now give you . the two great principles of riches are land and labor ; as the later increases , the other grows dear ; which is no otherwise don , than by a greater confluence of industrious people : for where many are coop'd into a narrow spot of ground , they are under a necessity of laboring ; because in such circumstances they cannot live upon the products of nature , and having so many eyes upon them they are not suffer'd to steal ; whatever they save of the effects of their labor , over and above their consumption , is call'd riches ; and the bartering or commuting those products with others is call'd trade : whence it follows , that not only the greatness of trade or riches depends upon the numbers of people , but also the deerness or cheapness of land , upon their labor and thrift . now , if trade be driven so , that the imports exceed in valu the exports , the people must of necessity grow poor , i. e. consume the fundamental stock , viz. land and labor , both falling in their price . the contrary course makes a kingdom rich. the consequence is , that , to better the trade of england , the people ( which wil force labor ) must be increas'd , and thrift incouraged : for , to hope for a vast trade where people are wanting , is not only to expect bric can be made without straw , but without hands . the great advantage a country gains by being fully peopled , you may find by the following observation , viz. that the valu of the labor is more than the rent of the land , and the profit of all the personal estates of the kingdom , which thus appears . suppose the people of england to be six millions , their annual expence at twenty nobles , or six pound thirteen and four pence a head , at a medium for rich and poor , young and old , wil amount to forty millions ; and , if wel consider'd , cannot be estimated much less . the land of england and wales contain about twenty four millions of acres , worth one with another , about six and eight pence per acre , or third part of a pound ; consequently the rent of the land is eight millions per annum . the yearly profit of all the peoples personal estate is not computed above eight millions more ; both together make sixteen millions per annum ; this taken out of the forty millions yearly expence , there wil remain twenty-four millions , to be supply'd by the labor of the people ; whence follows , that each person , man , woman and child must earn four pound a year ; and an adult laboring person double that sum ; because a third part or millions are children , and earn nothing ; and a sixth part or one million , by reason of their estates , qualities , callings or idleness , earn little ; so that not above half the people working , must gain one with another , eight pound per annum a peece ; and at twenty years purchase , wil be worth eighty ponnd per head. for , tho an individuum of mankind be recon'd , but about eight years purchase , the species is as valuable as land , being in its own nature perhaps as durable , and as improveable too , if not more , increasing stil faster by generation , than decaying by death ; it being very evident , that there are much more yearly born than dye . whence you may plainly perceive , how much it is the interest of the state , and therefore ought to be their care and study , to fil the country with people ; the profit woud not be greater in point of riches , than in strength and power ; for 't is too obvious to be insisted on , that a city of one miles circumference and ten thousand men , is four times stronger and easier defended , than one of four miles with double the number . now , there are but two ordinary wayes of increasing the people ; that of generation , and that of drawing them from other countries : the first is a work of time , and tho it wil not presently do our business , yet is not to be neglected ; i have shewn how it may be hasten'd by obliging to marriage , and more might be added , by erecting hospitals for foundlings , after the manner now used in other countries , and practised with great advantage in paris , by the name of l'hostel pour les enfants trouves ; where there are now reckon'd no less than four thousand . this in all parts of england , especially london , woud prevent the many murders and contrived abortions now used , not only to the prejudice of their souls health , but that of their bodies also , and to the general dammage of the public ; this woud likewise be an encouragment to the poorer sort to marry , who now abstain to prevent the charge of children . strangers are no otherwise to be invited , than by allowing greater advantages than they have at home ; and this they may with more ease , receive in england than in any part of europe , where natural riches do much abound , viz. corn , flesh , fish , wool , mines , &c. and which nature has bless'd with a temporature of heathful air , exceeding al northern , and not inferior to most southern countries ; has given it commodious ports , fair rivers and safe channels , with possibilities of more , for water carriage ; these , with what follows , woud soon make england the richest and most powerful country of the world. naturalization without charge , plain laws , and speedy iustice , freedom in all corporations , immunities from taxes and tols for seven years , and lastly , liberty of conscience ; the restraint of which has been the greatest cause at first of unpeopling england , and of it s not being since repeopled ; this drove shoals away in queen maries , king iames , and king charles the first 's dayes ; it has lost the wealth of england many millions , and bin the occasion of spilling the blood of many thousands of its people . 't is a sad consideration , that christians shoud be thus fool'd by obstinat religionists , in whom too much stiffness on one side , and folly and perversness on the other , shoud have bin equally condem'd , being indeed the effects of pride , passion or privat interest , and altogether forrein to the bus'ness of religion ; which , as i have already told you , consists not in a belief of disputable things ( of which if either part be tru , neither are to us necessary ) , but in the plain practice of piety , which is not incompatible with errors in iudgment . i see not therefore , why the clergy shoud be wholly heark'nd to in this affair , since 't is really impertinent to the truth of religion ; and i dare appeal to all the sober understanding and considerative men of the church of england , whether the opposition of this be not wholy founded upon interest , which being but of particular men , ought not nor wil not ( i hope ) weigh more with the parliament , than that of the public , which is so highly concern'd in this matter . and tho it may be objected , that as affairs of religion now stand , none need leave england for want of toleration ; yet certain i am , without it none wil return or com in a-new . and if our neighbors thrive , and increase in people , trade and wealth , we continuing at a stay , or growing stil poorer and poorer , by that means rendred unable to resist a forrein power , are like to fal into such hands , as wil force us to worship god after the way which almost all of us now cal heresy , and many idolatry . which induces me to conclude , that nothing , but inconsideration , can move even the clergy to oppose this thing , on which their own as wel as the safety of all others do's so very much depend . but in regard the defects of trade can't presently be supply'd by bringing in more people , because a work of time , it is necessary to make those we have useful , by obliging the idle and unwilling to a necessity of working , and by giving the poor that want it a ful imployment : this wil in effect be a great increasing of the people , and may be easily compass'd if work - houses be erected , in several parts of the kingdom , and all persons forc'd into 'um , who cannot give a satisfactory account of their way of living ; this woud prevent robbing , burglary , and the cheats of gaming , counterfeiting of hands , mony clipping , &c. by which our lives and fortunes woud be much better secur'd ; this woud put men's wits upon the rack , hunger which eats thro stone-wals , woud make them in getting their livings by the sweat of their brows , masters of arts ; a degree perhaps more useful to the common - wealth , than those of the university . this woud put them upon the invention of engines , whereby their labor woud not only becom more easy , but more productive of real advantages to the whole ; rendring the poet's fable of briareus his hundred hands , a certain truth ; one man doing more by an instrument , than fifty or a hundred without it . wit wil , thus in som measure , make amends for the want of people ; yet so dul and ignorant , so insensible of their own good are the vulgar , that generally instead of being pleas'd , they are at first almost implacably offended at such profitable inventions . but it appears , the parliament had another sense of things , in that they allow'd the advantage of fourteen years to the inventor : which law , with submission , might be alter'd to better purpose , if instead of a fourteen years monopoly , som reward out of the public stock were given to the ingenious . that the many supernumeraries in divinity , law and physic with which the kingdom ( especially london ) swarms ; all mountebancs and pretenders to astrology , together with the supernumeraries in all manner of retailing trades ( even the trade of merchandizing has too many hands ) especially all pedlers or wanderers , that carry their shops on their backs , lap-women , &c. who contribute little or nothing to the charge of the state ; be par'd off and made useful to the public ; to which , by the vast increase of these , and the great number of idlers and beggars , not above two thirds even of the ordinary sort can be lookt upon as bringing in any real advantage ; the other third , but like droans , living on the labor of the rest . and to speak more freely , 't is unreasonable and impolitic , especially in a great and over-grown city , to suffer any retail-trades to be manag'd by men , when women , with the help of a few porters , about the most cumbersom things , may do it much better ; they wil invite customers more powerfully than men can , and having nothing to do in the way of their shop-trades , wil not be idle , their needles employing them ; while the men perhaps , from two , three or four , to seven lusty young fellows , sit idle most part of their time , with their hands in their pockets , or blowing their fingers ; few of these sort of trades finding one with another , above two hours work in the whole day : the men woud study som more beneficial employments ; and the women having by this means somthing to do , woud not as now , induc'd by idleness , more than want , be occasions of so much wickedness and debaucheries , to the general prejudice of the common-wealth , and the particular ruin of many good families . to set on foot the fishing trade , and to allow to all such as wil undertake it , strangers or natives , the same benefits and priviledges i have mention'd for the bringing in of the former ; and i think , if beyond that , houses were built for them in linn , or yarmouth , &c , at the public charge , rent-free for seven years , every man woud say , it were for the general good , who considers that this trade is the only basis of the grandeur and power , that the states of holland are no less lords of , in europe , than in the east-indies ; to which it has rais'd 'um in less than an hundred years , from the poor and distressed states , to be one of the richest and mightiest of the known world : this i coud at large make appear , but that it having bin don already , with the want of time , hinders me . i wil only say , that holland has not the tenth part of those natural conveniences for effecting this , england , scotland or ireland have . that the same encouragements be given to all such , whether natives or forreiners , that shal joyntly carry on the particular manufactures of iron , tinn , earthen-ware , and linnen , &c. in the last , at three shillings four pence an ell one with another , is reckon'd consum'd by us above six hundred thousand pound ; all which might be sav'd and the poor set at work , by promoting that trade within our selves . to restore the woolen manufactures almost decay'd , and to take the same care in that , and all other , as the dutch have don in that of the herrings ; the neglect in this has been a main reason , that our cloathing-trade is much lessen'd ; reputation in commodities is as necessary , as in the venders : which makes the dutch , even at this day , put on english marks , and thereby for the antient credit ( now in a manner lost ) ours were in , they have gain'd for their own manufactures the markets we want . the decay of our cloathing-traffic has been occasion'd by several accidents ; one , and no final one , is that of companies , which indeed are as much monopolies , as if in one single person ; they ruin industry and trade , and only to enrich themselves , have a liberty , by which they impoverish the rest of the common-wealth . whatever reason there was for first erecting them , viz. to begin or carry on som great undertaking , which exceeded the power of particular men , there appears less or none now for their continuance . the enjoyment of liberty and property requires that all subjects have equal benefit in safety and commerce ; and if all subjects pay taxes equally , i see no reason why they should not have equal privileges . and if part of those taxes be impos'd for guarding the seas , i do really believe it woud be more advantage to the king , to send convoys to the east-indies and to guinea , with any of his subjects trading thither , than to allow these two companies the sole benefit of ingrossing those trades ; tho i think no others , but they , being at considerable charge and expence , ought to be continu'd . and since the east-india and african companies , especially the first , impose what rates they please upon their commodities , why shoud not they pay , for that power of taxing the subject , a considerable present proportion for carrying on the war , and a yearly round sum to the state , to ease the rest of the people , who are debar'd those advantages ? in my opinion , gratitude to the king , as wel as iustice to the subject , shou'd invite them to give a considerable standing yearly revenu to the crown . this may be policy too ; for then perhaps , they need never fear their dissolution , notwithstanding the clamors and many mouths now open against them . but if it shal be not thought fit , to take away all companies , why shoud it not be lawful once a year for any one , that pleas'd , to be made a member , paying in his quota ? this , i confess , woud make it useful to the public , because the trade woud be manag'd by fewer hands , consequently to more profit , and every one being concern'd , there coud be no complaint . but whatever is don in point of trade , particular corporations of artificers ought to be broke ; they , as now manag'd , are incouragements to idleness , impositions upon the rest of the people , and an unreasonable enslaving of apprentices , who in three years , for the most part , may be as wel masters of their trade , as in seven : but the advantage is , that when they com to set up for themselves , they commonly turn gentlemen , and cannot afford to sel a cabinet under fifteen pound , because they must eat wel and drink wine ; tho they own a dutch-man or a frenchman , that does not so , may afford as good a one for twelve pound : this of the cabinet is a late and a true story , and to my own experience , 't is the same in most , if not all other trades . the fish-monger's company is of all others , the greatest nusance to the public , to the most useful part thereof , the poor artificers and laborers ; i was credibly inform'd at my last being in london , by two substantial citizens , that they throw part of their fish away , to inhaunse the valu and price of the remainder . that for these , and many more reasons i coud give , it were convenient , that every city and town corporate consisted but of one company , into which , without charge or formalities of freedom , every man native or alien , ought to be admitted , that payes his propotion of taxes and assessments . and in order to the bringing in forreiners , our native unmanufactur'd commodities ought to be strictly prohibited to other countries ; more particularly that the exportation of wool from england and ireland be restrain'd ; which wil be better don by imposing a vast duty upon it , as of thirty or forty shillings a stone or tod , than by making it felony ; adding over and above great pecuniary mulcts , if shipt without payment of duty ; if this were enacted , many woud turn informers , who now out of tenderness of mens lives , forbear the discovering this injurious practice ; for prevention whereof , great care ought to be taken ; since the vast quantities of wool exported from england and ireland into france and holland , have in a manner destroy'd the great staple of england , the woolen-manufacture , lower'd the rents of land , and beggar'd thousands of people . by this the dutch and french are inabled to make useful both their own and spanish wools , which woud otherwise be insignificant and ineffective of any considerable purposes ; one being too fine , the other too course , without mixtures of english or irish wool. those , by greater labor and frugality , who heretofore were furnisht by us , do now not only supply themselves , but also undersel us abroad ; and as if that injury were too little , we are content , by wearing their stuffs , to give them an opportunity of undermining us at home . if you consider these things seriously , you wil with me be perswaded , 't is not the great increase of wool , in england and ireland , that makes it a drug , but the practise of carrying it abroad ; and our not being satisfi'd to ape and mimic the french modes , but further to wear their stuffs , tho far inferior to our own . i have heard it demonstrated , by knowing men , that it woud be englands great interest , to work up all their own and irish wool , tho they shoud afterwards burn it when in stuffs and cloth ; and i am convinc'd their doing so one year , woud not only maintain the poor and habituat them to labor , but be as great an advantage in the sale of that manufacture , both at home and abroad , for the future , as the burning part of their spices , is to the dutch. but i am of opinion there woud be no need to burn any , for that which is now useful in wool , woud not be less so in cloth. i have seen a computation by which it appears the working up all our own and irish wool , which england can do to better purposes than a part , while the remainder is transported to other countries , woud be many millions in the wealth of the people , and as many hundred thousand pounds sterling in the kings coffers . for if we kept this commodity at home , we shoud not only give a ful employment to our people , but necessitat those who now in france and holland maintain themselves by this manufacture , so soon as their stocks were spent , to find new arts of living , or else convey themselves hither , which of the two , is certainly the most probable . thus we shoud doubly increase our wealth and our people ; the latter by consequence raising the rents and valu of lands , in duplicat proportion ( as i coud demonstrat ) to what they now yield . for a short instance observe , that if there be a thousand people in a country , the land whereof is worth a thousand pound per annum ; and at twenty years purchase twenty thousand pound . if they be encreas'd half as many more , or to one thousand five hundred people , the rent of the land wil likewise be half as much more viz. one thousand five hundred pound , and the number of years purchas not only twenty , but half as many more , viz. in all thirty ; which makes the valu of the inheritance amount to thirty times one thousand five hundred or forty five thousand pound . the reason of which is founded on this undeniable maxim , that land is more or less valuable , as it is more or less peopl'd . when heretofore all the wool of england was manufactur'd in flanders , it yielded but six pence a pound ; but soon after the restraint of it in edward the thirds time , the manufacturing all at home , rais'd it to eighteen pence a pound , and brought in to the kingdom great numbers of flemmings and walloons . to incourage this further , all persons whatsoever shoud wear nothing but stuff and cloath of our own make ; the ladies to have liberty to wear silk but in summer . i am told that within these six months , to encourage a woollen manufacture newly set up in portugal , no man , native or stranger , is suffered to appear at court in any other . that useful neglected act , of burying in woollen , shoud be strictly put in execution ; not prohibiting the people , if they wil be so foolish ( but probably a little time wil make them wiser , than ) to throw away linnen too , which if they woud make at home , might be the more tolerable : the way i conceive by which it may be easily don , is , to injoyn the minister under penalty of deprivation , with allowance of mony to the informers , not to bury any one , whose corps or coffin , they do not see cover'd with flannel . and since death is said to be the sister of sleep , or rather since sleep is the representation of death as our beds are of our grave , or indeed , that death is but a very long night , if we shoud not only bury , but ly in flannel sheets , at least the long cold winter nights , i have bin assur'd by our old friend — that this practise , after a little use , woud be found no less for the health , if not som voluptuousness of our natural bodies , than the other woud prove for the body politic ; and i am the more induc'd to believe this assertion , because physitians prescribe flannel shirts to som persons for their health ; i am certain the more ways are found for the consumption of this manufacture , the richer our country woud grow , by lessning the use of forrein linnen , so greatly advantageous to our neighbors of france ; whom we love so dearly , that we study how to serve and enrich them , tho to our own impoverishment and ruin. besides this course , not a lock of wool shoud be permitted into the islands of iersy , guernsey , aldarney or sark ; under colour of what is allow'd , they are enabled , to supply their own occasions , and carry much more ( of which i am wel assur'd ) to france ; which reaps the benefit of the great industry of those populous islands ; to make them beneficial , at least not hurtful , to england , is to deny them wool ; if that woud bring the people thence into this country , it wil prove a double advantage . and lastly , i think the only certainty of keeping our wool from forreiners , is to erect a company by the name of state merchants , or oblige the east-india company , whose stock and credit wil enable them with ease , to buy up at good rates yearly , all the wool of england and ireland which manufactur'd at home , woud bring them in a little time , as profitable returns , as those from bantam , &c be many millions in the riches of the people , by raising the rents , &c. an● hundred thousands in the kings ex●chequer , employ thousands of our poo● now starving , and invite in many o● other nations to the great encrease of our strength and wealth , and so prove no less a particular than an universal good . that all forestallers , regrators and higlers be prevented , who now doe as much mischief to the city of london , as formerly purveiance did the kingdom . that the present confus'd business of weights and measures , which appears by many statutes to have bin the care of our ancestors , be fully ascertain'd and adjusted . and because this does greatly tend to the regulation of trade and administration of iustice , it were convenient particular persons were impower'd , who shoud receive complaints and correct abuses , in those and all other penal statutes referring to trade , by some more speedy course than that of information or indictment , &c. that no particular person or incorporations have any places priviledg'd against the kings writs . that the parliament woud be pleas'd to redress the great obstruction of iustice by protections , of which no less than sixteen thousand are said to be given in and about london . i am perswaded that either the report is a mistake , or that the member's hands are counterfeited ; for 't is very unreasonable to believe , the makers of our laws woud prevent their execution ; but be the case one way or other , the evil may be easily remedyed by the members registring the names of their servants in the house , at the beginning of the sessions and upon the alteration of any . that all manner of courts in corporations , whether by grant or prescription , be taken away , because of the many abuses dayly committed : and in every corporation a court of merchants erected , for the quic dispatch and determination of all controversies relating to trade and commerce ; every man to be oblig'd to tel his own story , without charge or the assistance of atturneys or lawyers . the iudges to be annually chosen five in number , together with two registers , one for the plaintif , the other for the defendant , out of the most experienced and best reputed citizens , or tradesmen ; no salary or fee to be paid to iudge or officer . to retrench , by sumptuary laws , the excessive wearing forrein silks , embroideries and laces ; to prohibit absolutly the use of silver and gold-lace , gilding or lackering coaches , &c. when riches are thus not so much us'd as abus'd , 't is no wonder they do not only moulder into dust , but take wing ( in solomon's phrase ) and fly away : our wiser neighbors in france and holland prevent this evil : the first make a shew , but at an easy and cheap rate ; the later leave off their cloaths , because they are worn out , not that they are out of fashion : our contrary practice in imported commodities make us complain , that trade is decaying ; in which our folly has made us a by-word among the french , as a people that consume our all on the back and the belly ; and if none spent more , the mischief were but particular ; but many are not contented to run out their own estates , but resolve to have the pleasure of undoing others for company . so long as we indulge our selves in this vanity , we may indeed have the satisfaction ( if it be any ) to talk of mending trade : but in spight of our chat , it wil stil decay , we shal buy and sel more and more , and yet live by the loss , til at last we are wholy broke . how long that wil be a doing , we may guess by the fal of the rents and valu of lands , not to be avoided while the ballance of trade is so much greater on the imported side than the exported . the way to make us rich , is to manage our trade in the same manner it was don in edward the thirds time ; to make the proportion of our exports , exceed our imports , as much as they then did ; by an account taken in the seven and twentyeth year of that king ( as cotton sayes ) our exported commodities amounted to pound , the imported but pound ; so that , the kingdom got clear in that year pound : by which it appears , that our present trade is about thirty times greater than it was then , tho we complain of its fal : 't is our own fault , we are so imprudent as to consume more of forrein goods , than we sel of our own ; this i am convinc'd we do in our french trade , 't is wel if we do not likewise play the fool in others . by the way , you may observe , that if we woud but moderate our expences , we might very wel bear our taxes , tho they were near thirty times greater than in that kings reign , even with allowance for the alteration of coyn. that the exportation of mony in specie , is so far from being a loss to the kingdom , that it may be gainful , as it is to legorn and other places : that tho we did not export any coyn , yet we shoud not be the richer ; since the over-ballance woud stil lye as a debt upon our trade , which it must somtime or other pay in that or another commodity , or otherwise break. and that the council or committee of trade may find out the wealth of the kingdom , which woud serve to many good purposes , by making a yearly account of the goods imported and exported ( best known by the customs , and has been calculated by a friend of mine in another country ) these ought at least every seven years to be reviewd , ( supposing the life of commodities not longer than that of man ) . and , according to their alterations of usefulness or necessity , to our selves or others , the impositions to be chang'd . and here i must take leave to assert , that all imported commodities are better restrain'd by the height of imposition , than by an absolute prohibition , if sufficient care be taken to oblige the importers to a ful and strict payment ; for this woud be a kind of sumptuary law , putting a necessity upon the consumer , by labor to enlarge his purse , or by thrist to lessen his expence . and i am the more induc'd to this , by my observation , that notwithstanding the several acts , prohibiting the importation of many forrein commodities ; yet nothing is more worn or us'd , especially the french , in which trade , if the over-ballance ( which is said to be above pound ) were loaded with the charge of eight shillings in the pound , it woud make the consumption of those commodities pound dearer ; and if that woud not restrain our folly , it woud help to ease us in the public taxes ; whereas now they are all imported without any other charge , than what is paid for smuckling , to tye up the seamen's tongues , and shut officers eyes . to prevent this , it were fit , that men were undeceiv'd of the notion they have taken up , that the law do's allow 'um their choice , either to pay the duty , or the penalty if taken ; which sure cannot be the end of any law , which designes obedience and active compliance with what it injoins , not a disobedience or breaking what it positively commands . if penal statutes be only conditional , then the traitor , the murderer or the thief , when he suffers the punishment of disobedience , may be cal'd an honest man , and in another signification than that of the scotch phrase , a justify'd person . but the idle and unwarrantable distinction of active and passive obedience has don england greater mischiefs . the revenu acts give not the same liberty , that those acts do , which oblige the people to go to church , or to watch and ward under pecuniary mulcts . in these a power of choosing was designedly left , which by many circumstances appears otherwise intended by the other . and indeed , the practice is not only unjust , but abusive to the whole body of the people , who pay as dear for what they buy , as if the duty had bin paid to the king , not put up in a few privat mens pockets . it may likewise hinder trade ; for if the smuckler please , he may undersel his neighbor , who honestly thinks , 't is a cheat and a sin , not to give caesar his du : therefore , a seal or som privat mark shoud be contriv'd , for all sorts of commodities , and power given to seize them when and where-ever met , in merchants , retailers or consumptioners hands . and to prevent the passing forrein commodities , as if made at home , for which lest any of these last shoud pass , they shoud in the town where they are made , or expos'd to sale , be first mark'd or seal'd , in an office purposely erected , without any delay or charge to the people . that , that part of the act of navigation be repeal'd , which appoints three fourths of the mariners to be english : why not scots , irish or any of the kings subjects , or even forreiners , so the ships do really belong to owners resident in england ? we want people , therefore ought to invite more , not restrain any . this act is a copy of that made by the long parliament and their general , the usurper , who being in war with scotland and ireland in rebellion , thought fit to deny them equal privileges in commerce . but this loyal parliament wil , i hope , consider , that the three kingdoms are not to be thus divided in interests , while under one monarch . that his naval power , their joint strength , is increas'd by the growth of shipping in any of ' um . if the sence of this wil not prevail upon them , to allow 'um the same freedoms , yet sure i am , they must from thence perceive , england wil have a great advantage by suffering all the kings subjects of ireland and scotland , to enjoy the benefit of this act. that there be two free ports appointed ; one in the south , another in the north , with convenient rules and limitations that the duty impos'd upon any of our exportations , whether of our own growth or manufacture of forrein materials , be not so high as may either wholy restrain those abroad from buying , or enable others to furnish them cheaper . that education of children in forrein parts in colleges or academies be prohibited , and provision found or made at home for teaching languages and the exercises of rideing , fencing , &c. that banks and lombards be speedily erected ; this in a little time woud make a hundred pound to be as useful to the public , as two hundred real cash is now . but in order thereunto , let there be a voluntary registry of land , &c. which in a few years wil raise their valu considerably . by this way no man indebted or whose estate is incumbred is obliged to make discoveries . yet if he has but half free , the registring of that , wil the better enable him to discharge the other part . if a registry must not be obtain'd , that , at least , the selling or morgaging over and over , secret conveyances , deeds of trust or any other trics , by which the lender or purchaser is defrauded and abus'd , be made felony , without benefit of clergy ; and the cheating person oblig'd to pay the sufferer treble dammage , and as much more to the public . this , which certainly , all honest men judg as reasonable , as what is practis'd for far smaller evils or offences , wil , without any innovation in the laws , or other alleg'd inconveniences to the people , secure us in our rights , and perhaps answer al the ends of a registry ; of which , tho very convenient , i am not so fond , as to think or believe , it wil so suddenly , or to that height , as is said , raise the rents and valu of lands ; to this it can contribute but by accident , as it invites strangers into the kingdom ( for i have already told you , that the greater or smaller number of people is the only tru cause of the dearness or cheapness of land and of labor or trade ) yet even this it cannot do , without abolishing the law , disabling aliens to purchase and hold before naturalization , necessary without dispute to be immediatly taken away . nor woud it a little contribute to the general good , that all merchants and tradesmen breaking shoud be made guilty of felony , their goods to the creditors , if they did not plainly make appear , by their true books , their losses and discover what ever they have left , and without the unjust and cunning artifices of composition , give way for an equal divident among the creditors . and that the many abuses of the kings bench prison be reform'd , which , as now manag'd , is made a santuary and place of refuge and privilege , for all knaves that desine their own privat interest , to the ruin of others , whose confinement is no narrower than from the east to the west indies . that all bonds and bills obligatory , statute merchants and of the staple , recognisances , iudgments , &c. be enacted transferable and by indorsement to pass as current as bills of exchange , and made recoverable by a shorter course of of law , than now practis'd . that is to say , that upon actual proof of the perfecting and last assigning of the deed , iudgment and execution be obtaind . this wou'd wonderfully enliven trade , make a new species of coyn , lower interest , secure in a great measure dealers from breaking , and find mony to carry on the trades of fishing , linnen , woollen , &c. that til the propos'd regulation of the laws can be effected , to avoid the trouble and charge of iuries in many cases and other unjust vexations , the meets and bounds of the denominations of all lands , mannors , parishes , commons , hundreds and countyes , all prescriptions , usages and customs , and the iurisdictions of all inferiour courts be fully inquir'd into , and truely registred in one book or books ; copies to be printed and the original to be and remain of record , as the doomsday book in the exchequer : by which all disputes concerning the premises may be speedily and cheaply decided . there are but two objections against this public good , and were they unanswerable , yet since they are but particular and selfish considerations , they ought not to take place ; the first is , that the useful and laudable calling of the lawyers , wil be prejudic'd . the next , that , the many , who now live upon credit , wil be undon . as to the first , by this work the present lawyers wil be so far from suffering , that for ten years to com rather than lessen , it wil increase their business ; which according to the ordinary computation of mens lives , or their hopes of being promoted , wil be a greater advantage to them , than if things continu'd as they are : and for those , who propose to themselves this way of living , there wil be stil grounds enuff for the practtise of som and many new imployments for others . so that if these gentlemens present great practise woud give them leave to look forwards , they woud find they are more scar'd than hurt . as to the second sort , who likewise believe they may be damnifi'd , that fancy wil also vanish , if it be consider'd , that it wil enlarge rather than destroy credit . for we wil suppose , that a young merchant or tradesman , who has . pound stock , does not trade for less than . pound , the merchant that sells him the commoditys upon the belief of his being honest , industrions , prudent and sober , gives him credit , and takes his bond payable at a certain day ; this person , that he may be able duly to discharge his obligation , in like manner , trusts another , whom he supposes able and honest ; for all receive credit as they really are or appear such ; as soon as his bond becomes du , he takes up his own , and gives that he receav'd to his creditor , who perhaps gives it to another to whom he is indebted ; at last the mony is call'd for , from the country gentleman ; the country gentleman gives him an assignment on his tenant , who either is or is not indebted ; if the tenant owes the mony , he payes it in specie , or assignes him upon som merchant , for the valu of commodities sold him , the fond enabling him to pay his land-lords rent ; and thus perhaps by a circulation of traffic , for all men from the highest to the lowest are one way or other merchants or traders , the first man is pay'd with his own paper : if the tenant does not ow the land-lord the mony , and therefore wil not pay , the land-lord is immediately necessitated to sel or morgage som part of his estate ; which if he refuse , the law forces him , and the credits of the rest are secur'd . the consequences are plainly these ; that men must be careful , with whom they deal ; that they must be punctual & thrifty , lest they first lose their credit , and afterwards becom beggars : for , he that rightly considers , wil be convinc'd , that every man in a society or common-wealth , even from the king to the pesant , is a merchant , and therefore under a necessity of taking care of his reputation , not seldom a better patrimony , than what descends to us from our parent 's care. that by this practice , the kingdom wil gain an inexhaustible treasure ; and tho there were not a hundredth part of the mony , be able to drive ten times a greater trade , than now it does . a man thus enabl'd , to live and trade without mony , wil be in no need of running-out his principal in interest , by which too many for want of consideration , are insensibly undon , involving many more in their ruin. without these , or som other new courses , you may be assur'd , that our trade , consequently our power , wil every day decay , and in a few years com to nothing . but som imagin , that we need not trouble our selves in this matter , it wil shortly fal in of course to our country ; for that as learning took its circuit thro several parts of the world , beginning at the east , so must trade too : but who-ever believes this wil com to pass without human means , labor and art , entertains wrong notions of providence . i do believe the great wheel is always in motion ; and tho there be a constant circumgyration of things , yet 't is idle to fancy , that any thing , but troubles or war , oppression or injustice , wit or industry makes trade or learning shift their places in the same country , or alter their abode from that to any other . if we look into histories , we shal find these have bin the causes of their migration ; and that trade and learning , usually go hand in hand together . having already asserted , that trade and commerce are to be improv'd and carry'd on , the more vigorously , by how much the more labor and thrist are increas'd ; and that the making idlers work , is in effect , an increasing the people : and that all such shoud be forc'd into several work-houses , which tho the parliament has taken into consideration , yet for want of stock , is not hitherto put in any forwardness , i wil now give you my thoughts , how this may probably be brought about , with little or no charge , but to such only , as upon prospect of advantage , do change the scenes of their lives , as by marriage , imployments , callings , &c. or by assuming new titles and degrees of honor ; and consequently as their respective proportions , or payments are here propos'd , they cannot account them burdensom or grievous . to perfect this , i think it necessary , that all hospitals , alms-houses and lands for charitable uses , be sold , & more stately and convenient ones erected ; into which , none but diseased persons , or others perfectly unable to earn their living , shoud be receiv'd . and to the end they might the sooner be restor'd to health , a convenient number of physitians , nurses and tenders ought to be appointed , and sufficient salaries establish'd ; england , to her great shame , is in this instance , much behind her neighbors of france and holland ; in the practice of which , i know not whether there be more of charity , or of policy , of heavenly or of earthly interest . that the several directions of the act , for raising a stock , be strictly put in execution . that all fines for swearing , drunkenness , breaches of the peace , felons goods , deodands , &c. for a certain number of years be converted to this use ; this woud bring in twenty times more than is now receiv'd on these accounts and may perhaps prevent the late much practis'd trick of finding all felo's de se mad . that all contributions for maintenance of the poor ( which are so considerable , that i have bin told , in som single parishes in london , they amount communibus annis , to five thousand pound a year ) be added to this stock . and that it be further enacted , that every man at his admission to freedom , pay one shilling ; upon marriage , what he thinks fit above one shilling . every clergy-man at ordination , ten shillings , at instalment into any dignity , twenty shillings ; arch-deacons , three pound ; deans , five pound ; bishops , ten pound ; arch-bishops , twenty pound . gentlemen upon admittance into the inns of court , ten shillings ; upon their being call'd to the bar forty shillings ; when made serjeants , or king's council , five pound . every man upon admission into the inns of chancery , three shillings four pence ; when sworn attorney , ten shillings . lord high chancellor , keeper , lord high treasurer , and lord privy seal , twenty pound . chief iustice , chief baron , chancellor of the exchequer , master of the rolls and atturney general , twelve pound a piece . every of the other iudges and barons , the sollicitor-general and the six clerks , ten pound a piece . the masters of chancery and other officers not nam'd in that or other courts , any sum not exceeding six pound a man , as shal be thought convenient , by the respective iudges . all knights , five pound ; baronets , ten pound ; barons , vice counts , earls , twenty pound ; dukes and marquesses , fifty pound . all aldermen of london , twenty pound ; of other cities and corporations , three pound . mayors , ten pound . all masters of arts in universities , twenty shillings . doctors of law and physic , forty shillings ; of divinity , four pound . heads and masters of colleges , five pound . all executors and administrators , that undertake the charge , two shillings . all persons entring into estates , either by descent or purchase , one shilling , over and above one shilling , for every hundred pounds per annum of such estate . that every sunday , there be collections in all churches of the kingdom , which with what shal be receiv'd at the communion , are to be thus appropriated : and that all street , door , and other charitable doles , in broken meat or mony , as the great encouragements and chief occasions of idleness and vice , be forbid under severe penalties ; that briefs be issued thro the kingdom , for voluntary contributions ; that the names of such as shal be eminently bountiful , be convey'd to posterity , by placeing their coats of arms , and registring their munificence in the respective work-houses of the city , corporation or county , where they live . i do not doubt , but in a very short time , a stock woud be thus rais'd , sufficient to imploy all the idle hands in england . and tho i believe , that after a little while , there woud be no need of using art , or severity in bringing people into these nurseries of labor and industry : the sweets of gain and trouble of idleness , which certainly is not the least of toyls to such as have bin inur'd to labor or business , being of themselves strong allurements ; yet to lay the first foundation with success , i conceive it necessary , that both men and women , who have no visible ways of maintenance , criminals of what quality soever , punish'd as before in the discourse of laws , the children taken out of the foundlings hospital , as soon as able to do any thing , be all sent to these work-houses . that the great numbers of people going out of this kingdom , scotland and ireland , to other parts of europe , be restrain'd , and none be spirited into the west-indies , or suffer'd to go abroad , unless to trade . that such as by infirmity or age are absolutely disabled , among which neither the lame nor the blind are to be reckon'd , be maintain'd and confin'd within the public hospitals . that every constable , in whose ward or precinct any beggar is found , forfeit twenty pound ; and the person or persons entertaining or lodging any , five pound , to the use of the work - house . that those who are commonly sent to the house of correction , or bridewel , and those found guilty of petty larceny , be sent to the work-house ; for that indeed whipping , the punishment intended for their amendment , does but take away the sense of shame and honor , rendring them impudent and incorrigible in their iniquities . but granting its operation so forcible , as to be able to reclaim them , yet certain it is , that its best effect is , but to hinder them from doing further mischief ; whereas by this course , not only that will be avoided , but a considerable profit redound to the public . to these also shoud be added all prisoners for criminal matters tho acquitted , if by circumstances they appear suspicious ; it being reasonable to conclude som , rogues and vagabonds , tho the evidence required by strictness of law , be not strong enuf to convict them . hither likewise are all to be sent , who for trivial inconsiderable causes , and somtimes out of pure malice , are thrown into prisons , and there forc'd to spend the remainder of their miserable lives ; the exorbitant extortion of fees , and the merciless rage of their enemies , swelling their debts beyond the power , or hopes of satisfaction ; whereby they becom not only useless , but a burden to the common-wealth . and because the benefit of clergy was introduc'd , for the advancement of learning in the ruder dayes of our ancestors , and that there is now no such need , the kingdom being so far from wanting , that it is rather overstockt in every faculty , with such as make learning a trade : and the intercourse of our affairs almost necessitating all others to read and write , i hold it convenient to take it quite away ; not only because useless , but because it is an encouragement to many , to trangress the bounds of the law. that all of what degree or condition soever , men or women , literat or illiterat , convicted of any of the crimes for which clergy is now allow'd , be condem'd to the work-houses for seven years , or pay to its use sixty pounds or more , according to their qualities . by what i have already said , you see i am no friend to pardons ; but if any must still be granted , that then any not a gentleman obtaining one , pay twenty pound , a gentleman forty pound , an esquire sixty pound , a knight-batchellor eighty pound , a baronet or other knight one hundred pound , a lord two hundred pound , a marquess or duke four hundred pound . the eldest sons of every of these to pay equal with the fathers . and in case after all this people shoud be wanting , ireland may furnish yearly , hundreds or thousands of its children ; which will prove not only advantageous for encreasing the wealth of england , but also for securing the peace and quiet of that kingdom ; by making so many of the natives one and the same people with us , which they will soon be , if taken away so young , as that they may forget their fathers house and language . and if , after seven , eight or nine years , when masters of their trade , return'd into their own , or suffer'd to abide in this country . i will not trouble you with recounting in particular , the many advantages that wou'd soon flow thro all the tracts of this land , from this source of industry , if thus supply'd with mony and hands . all trades and useful manufactures of silks , linnen , canvass , lace , paper , cordage for ships , iron , tin , &c. may be there set on foot , and carryed on to a far greater profit , than single men can drive them . in this work-house shoud be taught , the knowledg of arms , and the arts of war , on all festivals and holy dayes ; and the lusty young fellows sent by turns to sea , for a year or two of the time of this their state-apprentiship . by this means the king woud be enabled at any time without pressing , to draw out of this great seminary a sufficient army , either for land or sea-service . the wayes , methods and orders for regulating the several work-houses i coud fully demonstrat , did i not think it needless at present . 't is enuf that i here promise to do it at any time when the great council shall think fit to take this matter into consideration , or when you please to impose your further commands . but give me leave to say , that laying aside all other reformations of the state , this alone woud secure our lives and fortunes , from violence and depredation , not only increase our wealth and power beyond what now it is , but make them far exceed , whatever any of our neighbors are possest of ; and consequently establish a firm and lasting peace at home , and make us terrible to the nations abroad . this great happiness is the wish of every tru english-man , but can only be effected , by the care and wisdom of the king and parliament ; to whom i most passionatly recommend and humbly submit it . i have now at length run thro all the parts , of my uneasy task ; you wil say , i doubt not , very slubberingly ; to be before hand with you , i do confess it ; i never undertook any thing more unwillingly , & therefore have perform'd it , not only il , but carelesly , studying nothing so much , as to com quicly to an end ; which indeed was my greatest labor ; the fields you commanded me to take a turn in , were so spacious , that being once enter'd , considering how short a while you oblig'd me to stay , i coud not easily find my way out again ; which put me to a necessity of running , and the hast not giving me leave to see the rubbs in my way , forc'd me to stumble : what i have don can serve to no other purpose , than for hints to enlarge your better thoughts upon . had these papers bin worthy , i woud have presented them by way of new-years gift ; but that was not my fault ; most of what you meet with here , we have often discoursed with our — you must not read them to any other : for i am perswaded they woud tel you the man was mad : perhaps i was so for writing , but i am sure i have yet madder thoughts , for i do seriously believe all i have here said is tru ; and this to boot , that , the world is a great cheat ; that an honest man , or a good christian is a greater wonder , than any of those strange ones , with which sir h. b. has often entertain'd us . this you are sure of , i have spoken nothing for interest ; i am but a bare stander by , no better , and therefore neither win nor loose , let the game go how it wil. but to trifle no more , i am not concern'd what any think ; i live to my self , not others , and build not my satisfaction , upon the empty and uncertain vogue , or opinion of men ; if i did , i should put into their power , to make me unhappy , when ever they please . to conclude , the result of all i have here said is , that england might be the happiest country in the world , if the people woud be content to make a right use of their power ; that is , to act by the rules of reason , on which their own constitutions are founded : for since they have the power of reforming the old and enacting new laws , in which every man ( the poorest that is worth but forty shillings per annum ) has his vote , no man can be offended , with his own act ; but if he be , the remedy is at hand . so that here every one living according to reason , and that making every man a iudge , all must see to their great comfort , that the interest of the king and people is really one and the same ; that the common good is every single mans ; and that who ever disturbs the public , injures himself ; which is to the whole the greatest security imaginable , and to every privat man a lasting happiness . that the laws are not exact , because the parliament harken to the counsel that , not the lawyers , but their interest dictates ; neglecting to follow that advice , which they may have for nothing , viz. let the counsel of thine own heart stand , for there is no man more faithful unto thee than it : for , a mans mind is wont to tell him more , than seven watch-men , that sit above in an high tower. that is , consult with no man who advises with regard to himself ; which is plain from these words . every counsellor extolleth counsel ; but there is that counselleth for himself ; beware therefore of a counsellor , and know before what need he hath , for he wil counsel for himself ; lest he cast the lot upon thee and sar unto thee thy way is good , and afterwards he stand on the other side to see what shal befal thee . whether this be a prophecy of what the lawyers will do ; or a bare narration of matter of fact , what they daily practise , i leave to every discerning mans iudgment . the short of this , is to advise , that in making of new laws , or in altering or repealing the old , the members trust not the gentlemen of the long robe , unless they promise to joyn the law and the gospel ; to give their advice without mony , or the hopes of gain : and yet if their charity or generosity shoud perswade them to undertake the cause thus in forma pauperis , that they give sufficient security , not to starve it ; that is , not to be back-ward in their giving advice according to conscience , not interest . when this is don , we are not secur'd unless the parliament provide that no infringer of the laws be pardon'd ; that is to say , that equal iustice be distributed , making no distinction between the persons of the highest and the lowest , when their crimes have made them equal . which can't probably be otherwise effected , than by constituting , as is don in venice , a new magistracy of public censors , who shal have inspection into the actions of all the courts of iudicature , and public offices whatsoever ; whose account shal by the parliament be receiv'd as authentic , and make the offenders obnoxious to degradations and pecuniary mulcts , to the satisfaction of the injur'd and a farther overplus to the public , unless in their judgments the accused fairly acquit themselves . that religion , as now manag'd , is made an art or trade to live by , and to enable the professors to abuse the credulous and unwary . that if intrest be not remov'd , and not opinions , but a good life be the character to distinguish real christians , from those who pretend themselves such , we shal never have peace here , nor assurance of happiness hereafter . that in granting liberty of conscience clergy mens advice is not to be harkn'd to , unless they wil resine their livings and dispute only for truth . that toleration is at this time , more especially , for three great reasons absolutely convenient ; first , to unite us at home ; next to enable us now and hereafter to resist the power of france ; this certainly requires all our strength which without union we cannot have : the third and great reason , to advance our trade . that the french are to be stopt in their career ; that to do so , it is necessary , a large and sufficient revenu , for ever ( if it be don wisely ) be fixt and setl'd on the crown , on the state ; i do not say , on the person of the king , for he is indeed , if rightly consider'd , but god's steward , and has so great a share in the trouble , that it is an unresolved question , notwithstanding all his glory and power , whether the roses of the crown make amends for its thornes , and , whether the softness of any lining can ease the weight of the burden he undergoes ; whose nights and dayes are made restless , by the pressures of that mighty care , to which , by the safety of three kingdoms , he is continually sollicited . if half a loaf ( as they say ) be better than no bread , 't is more eligible to part with som , than to expose all to the mercy of an enemy and conqueror ; from whom the greatest favor we can expect , is to becom , not a subordinat kingdom , but an enslaved province . that trade , is to be promoted , by all possible care and diligence , because by that we must be enabled to pay our taxes ; without which , we cannot withstand forrein violence . that trade is to be better'd , by inviting more people into the kingdom and employing all the idle hands we already have : that this is to be effected , by proposing advantages and rewards to strangers ; fit employments , threats and punishments to natives , by ascertaining all , ease and security in their persons , estates and purchases , by an uninterrupted and speedy course of iustice , firmly establishing the three great satisfactory desirables , liberty , property and religion . salus populi suprema lex . from — this th . of ianuary , / . sir , i am , &c. finis . errata . the reader is desir'd , before he runs thro this discourse , to mend with his pen , these few errata's , which are all that alter the sense . in the title page for ( member in ) read member of . p. . to the reader l. . r. unfashionable rigid vertu . p. . l. . r. destructive . p. , l. . r. grace or policy . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. a red sea p. . l. . r. finess . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. claim a greater . p. last line , for ( make ) r. may . p. . l. . r. many many . notes, typically marginal, from the original text notes for div a -e de trinitate lib. . circa finem . epist. isaac . casaub . epist. . pag. . tertull. ad scap. cap. . lactant. lib. . c. . chrysost. homil. . in matth. sulpit. sever. lib. . c. , , &c. athanas. epist. ad solitarios . cod. iust. l. . tit . . de haereticis &c. cod. theod. . . sulpit. sever. lib. . c. . optat. cont. parmen . l. . c. . aug. contra epist. c. , . de gubernet . dei , lib. . pag. . notes for div a -e of the rise and power of parliaments . origin of government . of laws . of the courts of iudicature . of liberty and property . of religion . the interest of england , in refrence to france of taxes . of trade . magister artis ingeniqque largitor venter — univers. oxon ss. these are in his majesties name to require you and of you to make your peronal appearance before us whose names are hereunto subscribed ... university of oxford. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing o a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) univers. oxon ss. these are in his majesties name to require you and of you to make your peronal appearance before us whose names are hereunto subscribed ... university of oxford. sheet ([ ] p.) s.n., [oxford : ] imprint from wing. title taken from first lines of text. reproduction of the original at the oxford university archives. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- england -- oxford -- early works to . great britain -- history, military -- stuarts, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion univers . oxonss . these are in his majesties name to require you and of you to make your personal appearance before us whose names are hereunto subscribed , and others his majesties commissioners appointed by an act of parliament intituled . an act for the raising money by a pole , and otherwise to enable his majesty to enter into an actual war with the french king , and for prohibiting several french commodities on tuesday next being the last day of this instant april , at one of the clock in the afternoon of the same day , in the vestry of the convocation-house of the vniversity of oxon. then and there to do and perform all such matters and things as by virtue of the said act you shall be enjoyned : hereof fail not . given under our hands and seals this twenty third day of april , . proclamation for the more easie and effectual in-bringing of the pole-money. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation for the more easie and effectual in-bringing of the pole-money. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the king's most excellent majesty, edinburgh : anno dom. . caption title. initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh the twentieth day of september, and of our reign the tenth year, . signed: gilb. eliot. cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion proclamation for the more easie and effectual in-bringing of the pole-money . william by the grace of god , king of great-britan , france and ireland , defender of the faith ; to _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally , specially constitute , greeting : forasmuchas the two poles imposed by two acts of the last session of this present current parliament , are now set in farm , and that it is of special concern , for making the saids poles effectual , that the commissioners of shires and others required by the saids acts , for making up the lists , rolls and books of persons , and returning of the same ; do diligently meet and attend , and performe what is incumbent to them for clearing , and for the more easie raising and levieing of the saids poles by our saids farmers ; we with advice of the lords of our privy council , and conform to the reference made to them by the saids acts of parliament , have ordained , and hereby ordains for the first of the saids poles , the hail commissioners of the several shires and stewartries within this kingdom , residing within the same respective , to meet upon the second tuesday of october next to come , at the ordinary place of their meeting and there to subdivide the hail bounds of the saids shires and stewartries , amongst the commissioners residing for the present within the same , whether present at or absent from the said meeting , for making up the lists of the poleable persons , by vertue of the foresaid act , and that at such places as they shall appoint upon the first tuesday of november thereafter ; and there to proceed in compleating the saids lists and rolls of poleable persons , and takeing in their several degrees and qualities in manner specified , in the said act : and appoints advertisement to be given to the saids commissioners residing within the said shires and stewarties timeously by the several shireffs and stewarts or their deputs , for their meeting upon the said second tuesday of october next , to the effect foresaid ; and likewise , that advertisement be timeously given to the commissioners absent and appointed to particular districts , and that intimation be made at the several paroch churches within the shires a competent time of before of the particular places to which the poleable persons are to repair for giving in of their degrees , characters and qualifications , according to which they are lyable in polemony , under the pains contained in the act of parliament . and further , we with advice foresaid require and command the magistrats of burghs , to meet upon the days appointed by the foresaid act of parliament ; and to proceed in making up the lists and rolls of the persons poleable within their burghs , and to make intimation in manner above-mentioned ; as also , we with advice foresaid , command and appoint the saids commissioners of supplie , magistrats of burghs and their respective clerks , to compleat the foresaids rolls , and lists of the poleable persons within their respective bounds , and to transmit the samen or an abstract thereof to the lords of our thesaury , betwixt and the first day of december next , to the effect the saids lists and rolls may be delivered by them to our saids farmers , betwixt or upon the third tuesday of december next to come : and we with advice foresaid , do hereby certify the saids commissioners and magistrats respective foresaid , if they shall either fail to meet or attend the saids dayes for making up the saids lists and rolls ; or in transmitting the same or abstracts thereof in the terms of the act of parliament , betwixt and the day foresaid , they shall be conveened and processed before the lords of our privy council at the instance of our advocat , & of the saids tacksmen for their negligence in the premisses & for damnages , & to be punished for the same with all severity ; and we ordain the chamberlains , factors , doers & the tutors and curators of such of the saids poleable persons as are absent , or minors , to give np the respective qualities and degrees of the saids persons absent , or minors , and make payment of their polemoney at the dayes and under the certifications and pains contained in the foresaid act of parliament : and lastly , we with advice foresaid declare , that all persons lyable in polemoney by this present act , shall be obligid to give up upon oath their names , qualities and degrees , & values of their estates , if required thereto at least that it shal be leisome & competent to our saids tacksmen to controle the qualities , degrees & values of estates that shal be given in by the oath of the ingiver thereof , if they think fit , for making the ingivers thereof lyable for the single pole , doubles or quadruples , according to the foresaid act of parliament . ovr will is herefore , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , & to the remanent mercat-crosses of the hail head-burghs of the several shires and stewartries within this kingdom , and there in our name and authority , by open proclamation , make intimation of the premisses , that none pretend ignorance ; and we ordain our solicitor to dispatch copies hereof to the sheriffs of the several shires and stewarts of stewartries , and their deputs , and magistrats of burghs , or their clerks , to be by them published at the mercat-crosses of the head-burghs , upon receipt thereof , and immediatly sent to the several ministers , to the effect the same may be intimat and read at the several paroch-churches upon the lords day , at least preceeding the said second tuesday of october next to come : and ordains our solicitor to transmit printed copies of the said act of parliament , with this present proclamation , to the sheriffs of the several shires , stewarts of stewartries , and magistrats of burghs , to be delivered to them , and made use of by them as they shal find needful : and ordains these presents to be printed . given under our signet at edinburgh the twentieth day of september , and of our reign the tenth year , . per actum dominorum secreti concilii . gilb . eliot . cls. sti. concilii . god save the king. edinburgh , printed by the heirs and successors of andrew anderson printer to the king 's most excellent majesty , anno dom. . a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . [ ], , [ ] p. printed for robert hodges, and are to be sold by him, london : . caption title on p. reads: reasons assigned by william prynne, &c. with postcript, a reply to: lilburne, john. the legall fundamentall liberties of the people of england revived, asserted, and vindicated. p. correctly numbered. no errata on p. . reproduction of the original in the british library. eng lilburne, john, ?- . -- legall fundamentall liberties of the people of england revived, asserted, and vindicated -- early works to . england and wales. -- public general acts. - - -- controversial literature -- early works to . taxation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p a). civilwar no a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a legall uindication of the liberties of england , against illegall taxes and pretended acts of parliament lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately imposed on the kingdom , by a pretended act of some commons in ( or rather out of ) pa●liament . esay . . he looked for judgment , but behold oppression ; for righteousness , but behold a cry . psal. . . for the oppression of the poor , for the sighing of the needy ; now will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. . , . i have also heard the groaing of the children of israel , whom the aegyptians keep in bondage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage : and i will redeem you with a stretched out arm , and with great judgments . eccles. . , . so i returned and considered all the oppressions that are done under the sun , and beheld the te●rs of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherfore i praised the dead which are already dead , more then the living which are yet alive . london , printed for robert hodges , and are to be sold by him . . reasons assigned by william prynne , &c. being on the th of this instant june informed by the assessors of the parish of 〈◊〉 , that i was assessed at l. s. for three months contribution , by vertue of a ( pretended ) act of the commons 〈◊〉 in parliament , bearing date the seventh of april last , assessing the kingdom at ninty thousand pounds monthly , beginning from the of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monthly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since , on the fifteenth of june required to pay in l. s. for my proportion : i returned the collector this answer , that i could neither in conscience , law nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick libertie ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or net oppose it in my place and , calling to the uttermost , upon the same , if not better reasons , as i oppugned ( a ) ship-money , knight-hood , and other unlawfull impositions of the late king and his councell heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or sullennesse ; but out of folid rea●…l grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassallage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my ref●…sall in writing , and to publish them , so soon as possible , to the kingdom for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediatly penned these ensuing reasons ; which i humbly submit to the impart●…all censure of all ●…nscientious and judicious englishmen ; desiring either their in●…enuous refutation , if erroneous ; or candid approbation , if substantiall and irrefr●…gable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be opposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levied ( though for the common defence and profit of the realm ) being unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undenyably evident by the expresse statutes of magna charta , cap. , . . e. . c. . . . e. . de tallagio non concedendo , cap. . . e. . rot. parl. n. . . e. . c. . . e. . rot. parl. n. . . e. . rot. parl. n. . . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , . & . caroli . and fully argued and demonstrated by mr. william hackwell in his argument against impositions ; judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) ●…ag . . &c , , , , &c. with sundry other r●…cords and law-books cited by those great rab●…ies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law and prud●…nce to withstand it as unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is only questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two months before this pretended act by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of h. . and h. . rot. parliam . n. . cook institutes p. . and . e. . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks . instit. p. . resolve ) which wa●… summoned and constituted only by his writ now ( b ) actually abated by his death : and the parliament ( as it is evident by the clauses of the severall writs of summons to ( c ) the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrun , the kings parliament that is dead not his h●…irs and succ●…ssors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty urgent aff●…ires that concerned ( nos ) him and his kingdome of england ; and the k●…ights and burgesses receiving their wages for , nuper ad nos ad parliamentum nostrum veniendo , &c. quod sommoneri fecimus , ad tracta●…dum ibidem super diversis & arduis negotiis nos & sta●…um regninostri tangentibus , as the tenor of the ( d ) writs for their wages determines . the king being dead , and his writ and authority by which they are summoned , with the ends for which they were called ( to confer with him , about hi●… , and his kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have dis-inherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such only by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writ or commission , not by letters patents , cease to be judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices , and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed by his death , rom. . , . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our ( e ) law-books and judges have frequently resolved upon this very reason , which equally exnends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . , . and brooke , office and officer , . therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year . was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . . admit the late parliament still in being , yet the house of peers , earls and barons of the realm were no ways privie nor consenting to this tax , imposed without , yea , against their consents in direct afsront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the hou●…e of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation , anno . after the parliament dissolved ( as is evident by the e●…press words of the fore-cited acts , the petition of right it self ; 〈◊〉 , for the trienniall parliament ; and against the proroguing or di●…olving this parliament , . caroli : with all our printed statutes , (f) parliament-rolls , and (g) law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting m●…mbers of our (h) ancient parliaments , ( which co●…sisted of the king and spirituall and temporall lords , without any knights , citizens or burgesses , as all our histories and records attest ) till h. . at soonest ; they having not so much as a speaker or commons house , til after the beginning of king ed. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds time , as our parliament rols , and the printed prologues to the statutes of . . . . . . . . . and . e●… . . rich. . . . . . . . . . hen. . . . . . . . he●… . . . . . . . . . . . . . . . . hen. . ●… . . . . . . ed. . and rich. . evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spirituall and temporall and at the speciall instance and request of the commons of the realm , ( by their petitions put in the said parliame●… , as some prologues have it . ) our lord the king hath cau●…ed to be ordaine●… , or ordained certain statutes , &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the reque●…ting of , and petitioning for them to the commons , both from king and lords , in whom the legislative power principally , if not sose●…y resided ; as is manifest by the printed prologue to the statute of merton . . hen. . the statute of mortemain ed. . . ed. . de asportatis religiosorum , the statute of sheriffs , . e. . and of the templers , e. . to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegall , and no ways obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did , nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house ( at least parts of ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own terms . an usurpation not to be paraleld in any age , destructive to the very being of parliaments ; (i) where all members ex debito justiciae , should with equal freedom meet and speak their minds : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice , policy , conscience , and their own , agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to oversway , seclude or fore-judg the major number of their assessors and fellow-members , over whom they can no ways pretend the least jurisdiction , it being the high-way to usher tyranny and confusion into all councels & realms , to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as well as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . . suppose this tax should binde these counties , cities , and burroughs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear imposed against the minds and wils of all or most of those they represent ; ( who by the (k) armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of . e. . rot. parl. n . did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities or burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies violence , or setling members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely (l) reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our (m) law-books , that by-laws oblige onely those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( whiich comes fully to the present case ) in . h. . . . h. . . brook ancient demesne . & parl. . . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of waste and yet ancient demesne is not excepted : and it is enacted , . ed. . cap . that fines and proclamation shall be in chester , for that the former st●…tutes did not extend to it : and it is 〈◊〉 , th●… a fine and proclamation shall be in lancaster . . & . ed. . c. . and in a pro●…lamation upon an exigent is given by the statute in chester a●…d wales , . e. . c. . and by anot●…er act to lancaster , . & . e. . c. . and the statutes of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , . hen. . cap. . since which they have continued their wages being to be levied by the statute of . h. . c. . now , if acts of parliament bound not wales and counties . palatines , which had anciently no knights not burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavie tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those offcers , and that army who traiterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisonsd and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the borough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custom of parliament forty members onely are sufficient to make a commons house of parliament and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet were never in any parliament reputed a compe●…ent number to grant subsidies , passe , or read bills , or debate or conclude matters of greatest moment ; which by the constant rules & usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus te●…ndi parliamentum , sir edward cooks institu●…s , p. . . . . cromptons jurisdiction of courts , f. &c. . e. . . brook parliament . . . jac. c. . and the many records i have cited to this purpose in my levellers levelled , my plea for the 〈◊〉 , and memento , p. . abundantly prove beyond contradiction●… ; for which cause the members ought to be fined , and lose their ●…ges , if absent without sp●…cial li●…nce , as . modus t●…nexdi parliamentum , r. . par. . c. . . h. . c. . and a co●…ection of all orders , &c. of the late parliament , pa. . . with their frequent summoning and fining absent members , evidence . secondly , though fo●…ty members onely may peradventur●… make an house in cas●… of absolu●…e nece●…y , when ●…he r●…st through sicknes , & publick or private occasions , are volu●…rily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members nev●…r yet made a common●… house by custome of parliament ( ●…here being never any such case til now ) when the rest ( being above ●…our hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , o●… purpose that they should not over nor counte●…-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a l●…w , custom or president of parliament ( not to be found in any age ) all they pretend is nothing to purpo●…e , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custome of parliament or law of england , or impose a tax , or make any act of parliament , without the king and lords , as i have n already proved ; much l●…sse after they ceased to be members by the parliaments dissolution through the kings beheading ; neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judiciall power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. . to . and ardua regni , which is further evident by claus. dors. . r. . m. . & mr. seldens titles of honor , p. . banneret camoys case , discharged from being knight of the shire by the kings writ and judgment alone , without the commons vote , because a peer of the realm ; the practice of s●…questring and expelling commons by their fellow-commons only , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges justices of peace , or committees have to disjudg , disjustice , or discommittee their fellow . judges , justices , or committee-men , being all of equall authority , and made members only by the kings writ and peoples election , not by the houses , or o●…her members votes ; who yet now presume both to make and unmake , seclude and recal , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection no waye●… invalids this first reason ; why i neither can nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of caroli , which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs it intended onely to prevent , as is resolved in . edw. . . . edw. . . . h. . plowd . com fol. . and cooks . instit. p. , . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a cleer unavoydable dissolution of it to all intents not provided for by this law , ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act. the king ( as the commons in their * rem●…nstrance of the state of the kingdom , decemb. , complain ) had dissolved all former parliaments during his reign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground & occasion of this law ( not any fear or thoughts of its dissolution by the king untimely death ) then not so much as imagined , being before the warrs or irish rebellion brake forth ) the king very healthy , not ancient , and likely then to survive this parliament , and many others , in both houses judgment , as appears by the bill for trienniall parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid romonstrance ; exact collection p. . . . . compared together ; where in direct terms they affirm , the abbrupt dissolution of this parliament is prevented by another bil , by which it is provided it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in d ssolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royall power in suspending the execution of it for this ti●…e and occasion only ; and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royall power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a naturall impotency , or unnaturall disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroies and takes away him and it without hopes of revival for ev●…r . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an actof parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or pr●…gued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorog●…d any parliament , ) but only by his proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorog●…ed as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the deathof king henry the th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealousies and apprehensions of divers of his majesties loyal subjects that the parliament may be adjourned , prorogued or dissolued ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , nor sprung up since ) publique grievances ( then complained of ) r●…dressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provisions be made for the repayment of the said moneys ( not others since ) so to be raised : all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your majesty , ●…at it may be declared and enacted , &c. ●…ll which expressions , relate●… onely to his late majesty only , not his heirs and successours ; and the principal scope of this 〈◊〉 , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom , being many yeers since accomplished ; yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick grievances then complained of ( as star-chamber , high-commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions and the like ) redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preamble's pretentions for this act fully satisfied divers years before the king's beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords & commons in this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance there of be prorogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliame nt then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the . of may : oft in termin●… acknowledge , together with his negative voice to bils . . that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament onely of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers , much le●…se to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or a●…sent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is the greater , and that by their inferiours in all kindes , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwayes stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetuall parliament , and intail it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for 〈◊〉 parliame●…ts made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the prèamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with the relief of his majesties army and people ; and for supply of his maj●…sties pre●…ent ●…nd urgent occasions in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much lesse after the exclusion both of the king and lords house out of parliament by those now si●…ting , contrary to the very letter and provision of this act ; by which dev●…ce the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , without lords or commons , on the people , by vertue of this act , then those few commons now sitting since his tryall and death doe . . the last clause of this act , and that all and every thing or t●…ings whatsoever done or to be done ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly s●…iled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly voi●… and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is cleerly out of the words and intentions of this act , especially so many yeers after its enacting . . this present parliament and every member thereof , being specially summoned by the kings w●…it , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absu●…dity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th february , . have protested to the whole kingdom : that they a●…e fully resolved to maintain ; and shall and will uphold , preserve , and ●…ep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the peo●…le , with all things incid●…nt thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concer●…ing new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their follow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated . martii , . engage themselves : to prooure the well-being of those ●…hom the●… serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . . they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpa●… broken by him almost in every part of it , very soon after his solemn consent given unto it . ( ) his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers ( ) worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet ( ) exacted by him expresly against law ; and punishment of many ( ) good patriots , for not submitting to whatsoever ●…e pleased to demand , though never so much in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in ( ) germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ( ) ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a th●…ng of that ( ) strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succ●…eding visible actions in ful pursu●…ance of the same . as the kings coming in person to the ( ) house of commons to seise the five members , whether he was followed with ( ) some hundreds of unworthy d●…baunched persons , a●…med with swords and pistols , and other armes ; and th●…y attending at the doore of the house , ready to 〈◊〉 whatsoever their leader should command them . the oppr●…ssions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others in all manner of oppressions and injustice ) concluding thus : upon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judg , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? . themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples purses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out of the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the gre●…t charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all industry must cease ; all misery blood and confusion would follow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . . they therein expresly promise . p. . to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which theiril counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by th●…ir counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king ; (‖) that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by * new illegall writs under a new kind of seal , without the kings authority , stile , or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. . r. . m. . and asserted by master selden in his titles of honor , part . . c. . p. . seconded by sir edward cook in his institut . p. , , , , , . ) as i should admit these to be lawfull members , and these unlawfull void writs to be good in law ; so i should thereby tacitly admit , & ex post facto assent to some particulars against my knowledg , judgment , conscience , oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of god himself , with a sincere he●…rt and reall intention to perform the same , and 〈◊〉 therein al the days of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgments of all now sitting , that know anything of parliaments , and the whole kingdom if they durst speak their knowledg , know & beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawful authority to violate the priviledges , rights , freedomes , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , ere●…t new arbitrury courts of war and justice 〈◊〉 a●…aign , condemn , execute the king himself , with the peers & commons of this realm by a new kind of martial law contrary to magna charta , the petition of right , and law of the land : dis-inherit the kings poste●…ty of the crown , extirpat monarchy , & the whole house of peers , change and subvert the ancient government , seals , law●… , writs ; legal proceedings , courts , and coin of the kingdom ; ●…ell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i de●…ire may be ●…riously and conscienciously considered by all who have sworne it ) i do ●…eleeve and in conscien●… am r●…olved , that neither the pope . norany person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and ●…ull authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately * zealously u●…ged and injoyned by both houses on members , officers , ministers , and all sorts of p●…ople throughout the realm : dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare , inthral our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare r●…ll treasons against king , kingdome , parliament , to be no tr●…asons , and loyalty , allegi●…nce , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and perjurious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , liv●…s to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . . e. . c. . . edw. . cap. . . ed. . c. . . e. c. . . e. . cap. . . ed. . cap. . . r. . c. . . h. . c. . . h. . rot. par. n. . . e. . c. . mar. c. . the petition of right , caro●… , and laying all our * laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as often and as long as they please , to support their own encroached , more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge against our wils , judgments , consciences , to our absolute enslaving , and our three kingdom●… r●…ine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledg to be just and legall by my voluntary payment of it , of purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waye●… justifie and defend by the lawes of god or the realm , before any tribunall of god or men , when legally arraigned , as they shal one day be . neither of which i can or dare acknowledg , wi●…hout incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therfore cannot yeeld to this assessment . thirdly , the principal ends and uses proposed in the pretended act and warrants thereupon for payment of this tax , are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discuss . the ●…irst is , the maintenance and contiuuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readiness , gratitude and due respect , acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulness , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regall , parliamentall , magistraticall , and ecclesiasticall power of the kingdom to their generall-councell of officers of the army , as the supreme swaying authority of the kingdom , and a●…empting to alter and subvert the ancient government , parliaments , laws , and customs of our realm : and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie . that when they have got ten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will sei●…e ●…pon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , i●… we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much less contribute in the least degree for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custodie by the meer power of the sword , without bringing them to triall ) would be , not only absurd , unreasonable , and a tacit justification of this their horrid violence , and breach of priviledg , but monstrous , unnaturall , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , as is clear by the stat. of e. . c. . & cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the kingdom is generally exhausted with the late years wars , plunders and heavy taxes ; there being more moneyes levied on it by both sides , during these eight last yeares , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattell , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might adde the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . this heavie contribution to support the army , destroies all trade , by fore-stalling and engrossing most of the monies of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhancing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates , and the publick treasure of the kingdom , when as their employment in their trades and callings , might much advance trading , and enrich the kingdom . . there is now no visible enemy in the field or garrisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steale , rob , murther , quarrell , fight with , impeach and shoot one another to death as traitors , rebels , and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists doe , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their (o) ordinances of febr. . . and april . . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted , besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . . the militia of every ●…ounty ( for which there was so great contest in parliament with the late king ) and those persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far agreater guard to secure the kingdom against forreign invasions or domestick insurrections , then a mercenary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this armie , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . . if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamentall authority only from the people , ( the onely n●…w fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters [ the people ] to revoke their authority , trusts , and call them to a speedy account for all their late exorbitant proceedings , and mispence of the kingdoms treasure ; and no longer to trust those with their purses liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys onely they profess themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercenaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and priviledges safeguard , which they have so oft invaded ; professing now , that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest ( which is as much as the king and his cavaliers , or any forreign enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth and absolute domination only of those who have exalted themselves for the present , above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in i●…land , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto●… thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of . e. . c. . e. c. . . . ed. . c. . . ed. . c. . h. . c. . c●…oks institutes●… p. . and the protestation of all the commons of england in the parliaments of hen. . num . . and . h. . num . . that no free-man of england ought to be compelled to go in person●…●…r to finde souldiers , arms , conduct mone●… , wages , or pay any tax for or towards the maintenance of a●…y forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the warr in i●…eland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . . most of the ancient forces in irel nd ( as the brittish army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , t●…aytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloody , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen roe-oneal , and his pary of bloudiest papists ; but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs & successors for ever by an express act of parliament made in ireland , . h. . c. . and by the stat. of jac. c. . made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ir●…land should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyal subject who hath tagen the oaths of supremacy , allegeance , and cov●…nt , can voluntarily pay any contribution to deprive the king of his hereditary right , and undoubted title to the kingdoms & crowns of england & ireland , and alter the frame of the ancient government and parliaments of our kingdoms , p remo●…strated so often against by both houses , and adjudged high treason in canterburies and straffords cases , for which they were beheaded ; and by themselves in the kings own case , whom they decolled likewise ( without incurring the guilt of perjury and danger of high treason , to the loss of his life & estate , by the very laws and statutes yet in force transcends my understanding to conceive : wherfore i neither can , nor dare , in conscience , law or prudence , submit to this contribution . fourrhly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna charta c. . the petition of right ; the votes of both houses in the case of ship-mony , r. . c. . and the resolution of our judges and law-books . . ed. . . . e. . . cook report , f. , . semains case , and . inst. p. . . secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta , the petition of right , the resolution of both houses in the parliament of caroli , in the case of loans ; and caroli , in the case of ship-mony , the judgment of our judges and law-books , collected by sir edward cook . in his inst. p. . &c. and the statute of . h. . rot. parl. n. . unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the case of the earl of strafford , and a levying of war within the statute of . ed. . by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief , the committee of indempnity will stay his legall proceedings , award costs against him , and commit him anew till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but only to be true and faithfull to their new-erected state : ) dare not bayl but remaund him against law ; an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel 〈◊〉 , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , as the most invasive on laws and liberties , that ever was . fifthly , the time of imposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegally to be levied , be the first fruits of our first years freedom , and redemption from thraldom , as they stile it ; how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loyns , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow . commoners secured or secluded by their con●…ivance or confederacy with an undutifull army . which if submitted to , and not opposed as illegall , not only the king or lords alone without the commons , bu●… any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and com●…ons that once sate with them , being encouraged thereto by such an unopposed precedent . which being of so dangerous consequence and eximple to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavier taxes of this kinde , when this expires ( which we must expect , when all the kings , b shops , deans and chapters lands are shared amongst them , sold and spent ) as they will quickly be if we patiently submit to this leading decoy ; since (q) bonus actus inducit consuetudinem , as our ancestors resolved , anno . in case of an unusuall tax demanded by the pope ; whereupon they all unanimously opposed it at first ; (r) opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medecina paratur cum mala per longas invaluere moras , being the safestrule of state-physick we can follow in such new desperate diseases , which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship-money , tonnage , poundage , knighthood , and the late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these worthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortal honour , and high esteem both in country and parliament , who applauded them as the (*) principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few fellow-subjects only , without yea against all law or president to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegal projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november . . and by the (*) imposers of it●… amounting to a sixt part , if not a moyety of most mens estates , is a deep engagement for me to oppose it ; since taxes , as well as (s) fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many wil be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliament records , of and ed. the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed . statutes of henr. . c. . mariae c. . to omit others , we find subsid●…es mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty any inability to pay them . yea somtimes we read of something granted them by the king , by way of aid to help pay their subsidies , as in . edward . rastal , tax . . and . ed. . c. . and for a direct president in point : when (t) peter rubie the pope's legat in the yeer . exacted an excessive unusual tax from the english clergie ; the whole clergy of berk-sbire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of corns ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ought not to be com●…elled to any such contribution : which many of our clergie may now likewise plead most truly , whose livings are small , and their tithes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the paiment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to (u) former engagements . against which i have these just exceptions . . that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning (y) purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , . caroli . condemned by the commons house in their (z) declaration of the state of the kingdom of the . december , . and charged as an article against king richard the second when deposed , in the parliament of h. . nu . . yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , but to impose one grievance upon pretext to remove another . . there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before land , now ; and then none should free quarter on them , under pain of death : yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a nec●…y of it : and when any have craved allowance of it , they have ●…ound so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking a way free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we duly paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soustock , walcot and widcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside their quarters in other parishes of the hundred , sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the and of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but pro●…essing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to i●…eland further from it to oppresse the country , put bathwich , l●…idge , wolly , b●…theastan , katherin and ford to l. s. and s●…swick ( where i live ) to about l. expences for two dayes free-quarter ( by colour of the generals order dated the first of may●… being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee , ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse m●… . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may , when their billet was but for twenty , not shewing any authority , but onely a ticket , [ mr. prynne — ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor ale-house ; and free-quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arm●… , taking away my servants clothes , shirts , stockings , bands , cu●…s , handkerchiefs , and picking the money out of one of their pockets ; hallowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strongb●…er , against the ground , abused my maid servants , throwing bee●… & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took for their eggs and young ones , v●…al and mutton being not good enough for them : they continued drinking and roaring before , at and after supper , till most of them were mad , drunk , and some of them dead drunk under the table . then they must have beds provided for them ( for they would lye but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her camber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for feare of their violence ( being all drunk ) to give them eighteen pence a peece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at the bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entred the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workemen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and devils , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; and hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children , and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their musquets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves : and not finding them till the next morning , i acquainted the captain then ( as i had done the first night by letter ) with all these unsufferable outrages of the souldiers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement : which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what money they could from the country by their violence and disorders . now , for me , or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquer●urs , and take free-quarter on us , amounting to at least a full yeers contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgment and conscience , that i would rather give all away to suppresse discard them , or cast it into the fire , then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pretended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter : and what an height of oppression and injustice this wil prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men men consider : and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars , or to enjoy any peace or setlement : and as long as we wil submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-aw and enslave us to their wils . therefore the onely way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of jacobi ch. . resolves ) and to levie war against him , to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new-republick , the oppressions and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy or discern the least ease or advantage by it : to overthrow the ancient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and priviledges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , (a) publick remonstrances and engagements to the kingdom and forreign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm ( as sir edward cook in his . institutes ch. . and mr. st john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many precedents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traitors by judgment of parliament , and some of these now sitting , but for some of those treasons upon obscurer evidences of guilt , then are now visible in other : i cannot submit thereto , without incurring the crime and guilt of thefe severall high tre●…sons , and the eternal , if not temporal punishments incident thereunto , if i should volutarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty and duty , and all my oaths and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and difadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , abolishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloody uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king the dis-inherit●…ng of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . which were far more safe , honorable , just , prudent , and christian for our whole kingdom voluntarily and speedily to do themselves , then to be forced to it at last by any forraign forces ; the sad consequences whereof we may easily conj●…cture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . i trust god and men will in due season do me justice upon them , and award me recompence for all their injuries in this kinde , or any sufferings for my countries liberties . how ever , fall back , fall edge , i would ten thousand times rather lo●…e life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remnant o●… a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june , . psal. . , . i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postcsript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled , an epistle written the th day of june , by lieutenant colonel john lilburn , to master william lenthal speaker to the remainder of those few knights , citizens and burg●…es that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designes , to serve their ambitious and tyrannicall ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king , of the th of march , . p. . calls them ) and by force of arms to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. . they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them authorized thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament : but col. prides and his associates , whose really it is : who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . in this epistle , this late great champi●…n of the house of commons , and fitting ●…cto's supremacy , both before and since the kings beheading , who with his brother a overton and their confederates , first cryed them up as , and gave them the title of the supreme authority of the nation : the onely supreme judicatory of the land : the onely formall and legall supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personall treaty , ( as he and they print and boast in b this epistle , and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediatly before their late march to london to purge the house , and after at white-hall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and●…penalties . secondly , that these grand saints of the army and stearsmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly & army , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus villified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a baseness in others for to pay it upon any terms . secondly he there affirms that (d) oliver crumwel by the help of the army at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord wh●…rtons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative & jurisdictive power over the commons as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the general and councel of war at winsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring , the legal right of the lords house , & their fixed resolution to maintain & uphold it ? which was sent by the general to the lords by sir , hardresse waller : and to inde●…r himself the more unto the lords in whose house without all doubt he intended to have sate himself , he requited me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do●… it : yet now they have suppressed them . whence it is most apparent , . that the general , lieutenant generall cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have wittingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords hou●…e ; and depriving them of ther legislative and jurisdictive right and power , by presuming to make acts , passe sentences , and impose taxes without them , or their assents in parliament . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he (e) there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemne , hang or behead any man that they please , or can prevaile over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves downe in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legal and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein futher avers : (f) that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to treat and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and ●…yn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it 's limited time , in all its splendor of glory , without the awe of armed m●…n , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that call●… , avowed , protested and declared again and again those to be none that sate at westminster , the , - &c. of july . when a few of their members were scared away to the army , by a few hours t●…mult of a company of a few disorderly apprentices . and being no representative of the people , much lesse a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwell and ireton . now if their own late confederates and creatures argue thus ●…n print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the 〈◊〉 - same ends ? fifthly , he there likewise affirmes , (g) that those now fitting at westminster have perverted the ends of their trusts then ●…ver strafford did : . in not easing the people of , ( bu●…encreasing ) their greivances . , in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little ship-mony & monopolies ; but since they began , they have raised and exto●…ted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : . by excise , contributions . sequestrations of lands to an infinite value . . fift part . twentyeth parts . meal-mony . sale of plundered goods . loanes . benevolencies . . collections upon their fast days . new impositions or customs upon merchandize , guards maintained upon the charge of private men . fi●…ty subsidies at one time . compositions with delinquents to an infinite value . sale of bishops lands . sale of dean and chapters lands : and now after the wars are done . sale of king , queen , prince , duke and the rest of the childrens revenues . sale of their rich goods which cost an infinite sum . to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and tenn thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits they would never seek themselves , and yet besides all this divide all the choicest and profitabl●…st places of the kingdom among themselves . therefore when i seriously consider , how many men in parliament and elsewhere of their associates ( that ●…udge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four●… five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not only of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from 〈◊〉 ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) iohn . . these actions and practices are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the wo●…ld , to rob the poor in the day of their great distresse by excise , taxations , &c. to maintain their pomp , superfluities and deb●…ry , when many of those from whom they take it , do perish and starve with want & hunger in the mean time , and be deaf and adamant-hearted to all their teares , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those atheists o●…fools , that say in their hearts , there is no god . psal. . . and . . . in quite destroying the peoples essentiall liberties laws and freedoms , & in leaving them no law at all ( as m. peters their grand teacher aver●…ed lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martiall law , where new butchers are both informers . parties , jury men and judges , who have had their hands imbrewed in blood for above seven these years together , having served an apprentiship to killing of men for nothing but money , and so are more bloo●… then butchers that kill sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in sheddidg of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would ha●…e them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters the pretended law-makers of your house , now constituted by as good and legall a power as he that robs and kills a man upon the highway . and if this be the verdict of their own complices & partiza●…s concerning them & their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( is the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of rea●…on and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the (h) grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and (i) conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , if such now in their own late adorers eyes ? seventhly , he there asserts , (k) that whosoever st●…ps to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as evèr was in the world ; if not against the king , prince charles , ( heir apparent to his fathers●… cro●…n and throne ) yet against the peoples majesty and sover●… . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so ; then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liaeble in time to be hanged●… ( and that justly ) therefore for acting without a just and legal commission : either from true regal or true parliamentary power : ( except in corporations only where they proceed by ancient charters in the ancient legal form ) . and if this be law and (l) gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs , tryals , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings beheading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neither taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offi●…es , moneys●… salaries , sequestrations , sales of lands or goods , compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , coll●…ctors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which have beheaded the late king , dis-inherited his undoubted●…h●… , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects , as is fully proved by sir edward cook in his . institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new prov'd rate for the last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls , invented by cardinal woolsy , much enveighed against by father latimer in his sermons , condemned by the expresse words of the petition of right providing against such oathes ; and a s●…are to enthrall the wealchier sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much l●…sse then to conferre any authority on others to give such illegall oathes , and fine those who refuse them , the highest kind of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be (m) boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any wayes active in imposing or administring such oathes , and levying illegall taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common law , when there will be no committee of indempnity to protect them from such suits , but likewise by inditements of high treason , to the deserved losse of their estates , lives , and ruine of their families when there wil be no parliament of purged commoners , nor army to secure , nor lega●… plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fear of loss of liberty , estate , or the like , being no (n) excuse in such a case and time as this , but an higher aggravation of their crime : the (o) fearful being the first in that dismall list of malefactors , who shall have part in the lake which burneth with fire and brimstome , which is the second death ; even by christs own sentence . john . . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a e- a see my humble rem●…st . 〈◊〉 against ship-money . b see e. . cap. . cook . report . , . dyer . ed . , . e. . . brook commission . . . c cromptens ju●…isdiction of courts . fol. . cook . insti●… p. . . d . ed. . m. . part . . dors. claus. regist. f. . . e ed. . e. . . brook commissions . . . & officer , . dyer . . cook . report . , . 〈◊〉 e. . c. . daltons justice of peace , c. p lambert . p. (f) . r. . . . 〈◊〉 . h . n. 〈◊〉 . h. . n. 〈◊〉 . (g) . h. . . b. . h . . . . h . . for●… c. f. . dyer . . brook parliament . . . cooks insti●…es , p. . (h) s●…e the 〈◊〉 〈◊〉 〈◊〉 , and my 〈◊〉 for 〈◊〉 〈◊〉 . (i) cooks . institutes p. . (k) declarat . nov. & . . (l) . ed. . . ● . h. . . brook parl. . . cook . instit. p. . , . jac. cap . (m) . e. . , . . h. . . brook customs . . object . answ. n see my plea for the lords , and levellers levelled . answ. * exact collect. p. . . ‖ . e. . parl. . rot. parl . r. . n. , . r . n. . ●… . . h. . n. , , . h. . n. . h. . n , , , . h. . n. , . . h. . n. . , . * cooks . institut p. , dyer . f . * exact collect p. . . . . . * book parliament . . relation . dyer . ( ) is not this the armies & their own late and present practise ? ( ) alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . ( ) and is it not so by you now , and transmitted unto the exchequer to be levyed ? ( ) and do not you now the same , yea , some of those very good patrio●…s ? ( ) are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? ( ) not one quarter so grievous as the present tax imposed by you for the like purpose . ( ) and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to detend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? ( ) was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? ( ) was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? hen. ma●…tin is accomptable to the state for abvoe l. which the committee of accounts in two years time could never bring him to account for , and yet hath l. voted him lately for moneys pretended to be disbursed ; to whom and for what , quere . nota. ‖ exact . collect p. . . . . . ●… * exact collect. p. . . . . . , . . . (‖) exact col lect. p. . . . . . . . . . . . &c. . . . . &c. . . &c a collect. &c. p. . . &c. . * see cooks instit. p. . * a collect . &c. pag. , , , , , , , &c. , , , , , &c , , . * see cooks inst. p. , , , . * can or will the king himself say more , or so much as these , if he invade and conquer us b●… f●…r raign forces ? and were it not better for us then to submit to our lawful king , then so many thousand perfidious usurping pretended conquerors of us , who of late pretend they were no other but our servants ? (o) collect. &c. pag. . . object . 〈◊〉 see their declaration , march , . pag. . . * ezek. . . * see seldens titles of honor . p. . p see a col●… lect. p . . . . . . (q) matt. paris , . (r) ovid de remed. amoris . (*) exact collection p. . and their own declarations . mar. . p. . &c. (*) in their declarations march . . . p. . (s) mag. chart. c. . e. . c. . cook . . instit. p. . . . . (t) matt. paris , p. . (u) a collection , &c. pag. . (x) see cook , . report . f. , . semans case , rep. sendels case . lambert f. . daltons justice of peace , . h. . c. . (y) see rastal title parveyers . (z) an exact collect. p . (a) see an exact collection : and a collection of publick orders , &c. p. . . . . . notes for div a e- a his petition and appeal , & his arrow of defiance . see mr. edwards ga●…grena , pa. pag. . f. . b pag. , . c pag. , . (d) pag. , (e) pag. . , . , . (f) pag. . . . . . . (g) pag. , . . . (h) pag. . . . . . . . . , , , . . . (i) see pag. . . (k) p. . . (l) luk. . . . c. . . (m) exod. . . . (n) see . h. . rot. par. n . (o) rev. . . the declaration of his highness the prince of orange, for the better collecting the publick revenue william iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the declaration of his highness the prince of orange, for the better collecting the publick revenue william iii, king of england, - . england and wales. sovereign ( - : william and mary) sheet ([ ] p.) printed by j. starkey, and a. and w. churchill, london : . reproduction of original in huntington library. broadside. at end of text: given at st. james's the second day of january, / . signed at end: w.h. prince of orange. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- law and legislation -- great britain -- sources. tax collection -- great britain -- sources. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of his highness the prince of orange , for the better collecting the publick revenue . whereas since the fifth day of november last , divers persons have intermeddled with , and received the publick money , arising by the revenues of customs , excise , hearths , and other ways ; some by commissions and authorities from us , and others by commissions from divers peers ; and others who took up arms and declared for us , for the support of those that had taken arms under them , and for other publick uses : by means whereof many persons who acted by authority of the commissioners of customs , excise , hearth-money , and otherwise , have been in many parts of the kingdom displaced ; and the officers appointed by the said commissioners have deserted their duties and imployments : and by reason of the justices of the peace in most parts forbearing to act , the duty of the customs have not been well answered ; the brewers and retailers of excisable liquors have neglected to make due entries and payments of their duties , and have refused to permit the gaugers and other officers , thereto appointed , to survey and take account of their brewings , contrary to the laws establised . and many inhabitants and persons chargable with the payment of the duty of customs , hearth-money , and other duties , refuse to pay ; and the constables refuse to assist the said officers in the levying hereof , as by law they are required ; by means whereof the payment of all publick money is generally stopp'd . and forsmuch as we , at the request of the lords spiritual and temporal , and the knight , citizens , and burgesses , heretofore members of the commons house of parliament , during the reign of king charles the second , residing in and about the city of london ; and the aldermen and members of the common-council of the said city , assembled in this extraordinary conjuncture , have taken upon us the administration of the publick affairs , both civil and military , and the disposal of the publick revenues of the kingdom , for the uses the present affairs require : to which end it is necessary that all the publick revenues should run in their proper channel . we do therefore hereby revoke and make void all commissions and authorities , given by us , or by any others , as aforesaid . and we do hereby prohibit and forbid all and every person and persons , under pretence of the said commissions or any of them , to intermeddle in any of the publick revenues , or receive any money arising thereby . and we do hereby require and command all collectors , receivers and officers ( not being papists ) authorized and employed by the said commissioners of the customs , excise , hearth-money , or any other the branches of the publick revenue , that they proceed in the managing , receiving , and levying the said revenues as formerly . and we likewise require all justices of the peace to proceed in the hearing and determining all matters relating to the said revenues , and every of them : and that they and all other publick officers and magistrates , sheriffs , mayors , bayliffs , constables , headboroughs , and other officers of the peace , be aiding and assisting to all officers employed and authorized by the said commissioners in the collecting , receiving , and levying the duties arising by the said revenues , and every of them , as by law they are required and directed . and all persons concern'd in the payment of customs , new imposts , excise and hearth-money , are hereby required to pay the same as formerly according to law. given at st. james 's the second day of january , / . w.h. prince of orange . london , printed by j. starkey , and a. and w. churchill , mdclxxxix . an ordinance of the lords and commons assembled in parliament for the speedy supply of monies within the city of london and liberties thereof : for the reliefe and maintenance of the armies raised and to be raised for the necessary defence of the city and liberties aforesaid. laws, etc. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an ordinance of the lords and commons assembled in parliament for the speedy supply of monies within the city of london and liberties thereof : for the reliefe and maintenance of the armies raised and to be raised for the necessary defence of the city and liberties aforesaid. laws, etc. england and wales. [ ], p. by richard cotes, printed at london : . reproduction of original in thomason collection, british library. eng taxation -- law and legislation -- england. great britain -- history -- civil war, - -- sources. a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament: for the speedy supply of monies within the city of london, and liberties ther england and wales. parliament b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament : for the speedy supply of monies within the city of london , and liberties thereof , for the reliefe and maintenance of the armies raised and to be raised for the necessary defence of the city and liberties aforesaid . die veneris , . august . . ordered by the lord mayor and the militia of london , that this ordinance be forthwith printed and published . printed at london by richard cotes . . an ordinance of the lords and commons in parliament assembled . die veneris , . august , . the lords and commons , finding that there is for the present an urgent necessity for the speedy raising and levying considerable summes of money , for the necessary defence of religion , lawes , and liberties , and of the city of london with the liberties thereof , the chiefe objects of our enemies malice , have hereby ordained , and be it ordained by the said lords and commons , that all and every person and persons as well aliens and strangers , borne out of the kings obeysance , as denisens , and others inhabiting , or who at any time since the beginning of this parliament , did inhabit within the said city of london , and liberties thereof , forthwith after publication hereof , shall by way of loane for every sum of foure shillings which every person and persons paid , or was rated or assessed to pay for twenty shillings lands , in any one of the two last of the sixe first subsidies granted , this present parliament : lend for the service aforesaid , and pay to the treasurers hereafter appointed the summe of ten pounds , and for every summe of eight shillings , which every such person or persons paid or was rated or assessed to pay for three pounds goods in any one of the said two last of the first six subsidies granted this present parliament , the summe of twenty pounds , and so rateably according to that proportion for all and every greater summe and summes of money rated and assessed upon any person or persons , for the aforesaid subsidies , either for goods or lands , within the said city and liberties . and it is further ordained by the said lords and commons , that the alderman , aldermans deputy and common co●nsell men of each ward within the said city and liberties , or the greater number of them , shall be a committee in their severall wards , forthwith to nominate and appoint some trusty , able , and well affected persons , either amongst themselves or others , inhabiting within each ward respectively , who upon sight of the rolls of the said former subsidies shall cause the said rates and assessements hereby ordained to be lent , to be paid in as aforesaid . and the said aldermen , aldermens deputies , and common counsell men of each ward , or the greater number of them , calling in to their assistance , such as they shall thinke fit ; shall also within their severall wards have hereby power and authority to rate and assesse in such proportionable manner as they shall thinke fit , towards the payments of the said monies for the service aforesaid , such other person and persons , as well strangers as others , who being of ability to pay , were notwithstanding not rated , nor assessed in the said former subsidies . and it is also ordained by the said lords and commons , that all and every person and persons rated and assessed by vertue hereof shall , within three dayes after demand made by such person or persons as the said committees , or the greater number of them shall appoint as aforesaid , after notice thereof given and left at his usuall dwelling place , pay to the treasurers hereby appointed , or to any two of them , one halfe of the summe so rated or assessed , or to be rated and assessed upon him or them , and the other halfe within the space of one moneth after publication hereof : and if any person or persons so assessed or to be assessed by vertue of this ordinance , shall faile therein , that then the said committees , or any two of them within their severall wards by such person , or persons as they shall appoint , shall levy the sum so assessed or to be assessed , by distresse of the goods and chattells of such person and persons so assessed , or to be assessed , and neglecting or refusing to pay the same in manner aforesaid , and sell the goods so distrained for the service aforesaid , and if no sufficient distresse can bee found , that then the said committees or any two of them within their several wards , by such person & persons as they shall appoint , shall certifie the names of every such person , and persons , to the committee of the house of commons for examinations sitting at westminster , or to the committee of the militia of london , or any three of them , who shall hereby have power respectively to commit such person and persons to safe custody without baile , and mainprize , wheresoever the said persons shall be found , whether within the said citie and liberties or without , and his estate shall be moreover sequestred by the committee of sequestrations for the said citie of london , or of such county where his estate shall be found to be imployed for the service aforesaid , untill the summe so charged upon him bee satisfied . and the said lords and commons doe further ordaine that all and every person and persons shall pay in their proportion of money hereby rated and assessed upon them and every of them according to this ordinance at the guild hall london , unto sir john wollastone knight and alderman , mr. alderman john warner , mr. alderman towse , and mr. alderman andrewes , or to such other person or persons as shal be from time to time hereafter nominated and chosen by the common counsell of london for that purpose , or to any two of them , who are hereby appointed treasurers for the receiving and issuing forth of the moneys aforesaid . all which shall bee issued forth and payd by warrants under the hands of the committee of the militia of london , or of such others as the common councell of the said citie of london shall appoint for the intent and purpose aforesaid . and for all such persons as shall pay in their moneys according to the true intent and meaning of this ordinance . it is hereby ordained that they shall have the securitie of the common seale and chamber of london , in manner as it was granted and agreed upon by act of common counsell , the ii . of this instant august . and it is further ordained by the said lords and commons , that ( all pretences and delayes set aside ) all and every person and persons inhabiting within the said citie and liberties heretofore rated and assessed , to pay any summe or summes of money by vertue of any act or ordinance of parliament : or of any act of common counsell for the service aforesaid . and all aldermens deputies , common councell men , collectors , or any other person or persons within the said citie and liberties that now have or hereafter shall have by vertue of this or any other act or ordinance of parliament , or of any act of common counsell heretofore made , or by any voluntary subscriptions any summe or summes of money in their or any of their hands collected for the service aforesaid , and shall not within six dayes after publication hereof , or after the receipt of such summe or summes of money bring in the said severall sums to the treasurers and receivers appointed for that purpose , shall respectively undergoe the like penaltie as is hereby formerly appointed to be imposed upon those that shall neglect or refuse to pay in their money , rated and assessed according to the proportions of the subsidies expressed in this ordinance . and it is further ordained , that the lord maior and court of aldermen within the said citie of london shall have power , and are hereby authorized to commit to prison any person or persons hereby appointed to execute this ordinance , that shall wilfully refuse the same , or shall bee negligent in the execution thereof . provided alwayes , that this ordinance shall not extend to give power to rate or assesse any of the peeres , members , assistants , or necessary attendants of either of the two houses of parliament , or of any person whose estate is seized upon by the kings forces , power , or command ; for his good affections , or conformitie to the commands of the parliament . and hath beene necessitated to withdraw himselfe from his ordinary place of habitation to the citie of london . finis . to the alderman, deputy and common-councel-men of the ward of [blank] city of london (england). this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the alderman, deputy and common-councel-men of the ward of [blank] city of london (england). sheet ([ ] p.) s.n., [london : ] orders by the commissioners under the act for the speedy provision of money for disbanding and paying of the forces, to the aldermen and common-council-men of the different wards, for the better execution of the act. imprint from wing. dated at end: dated at the guild-hall london the day of september, . annotation on thomason copy: " ber [i.e. september]. .". reproduction of the original in the british library. eng tax assessment -- england -- london -- early works to . london (england) -- politics and government -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the alderman, deputy and common-councel-men of the ward of [blank] city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the alderman , deputy and common — councel-men of the ward of _____ for the better and more speedy execution of the act of parliament lately made , intituled , an act for the speedy provision of money for disbanding and paying of the forces of this kingdome both by land and sea : we the commissioners , whose names are subscribed , thereby authorized ( amongst others ) for the better assessing , ordering and levying of the sums of money by the said act to be raised within the city of london and liberties thereof , do in his majesties name hereby will and require you forthwith upon receipt hereof ( calling to your assistance the churchwardens , constables and overseers of the poor of the several parishes in your said ward , who are hereby also required and charged to observe and follow your direction , and appointment herein ) well and diligently to inform your selves and without delay to make true , distinct and fair certificate unto us in writing under your hands of the several particulars following , that is to say . . of the names and surnames of every person within your ward who either is alderman or sheriffe of this city or hath fined for alderman and sheriffe of the said city . . of the names and surnames of every person who hath been or now is deputy to any alderman of the said ward . . of the names and surnames of all the common-councel-men of the same ward . . of the names and surnames of all persons of the degree of a barronet , and knight of the bath now inhabiting or residing within the same ward . . of the names and surnames of all persons of the degree of a knight batchelour now inhabiting or residing within the same ward . . of all persons of the degree of an esquire or so reputed inhabiting or residing within the said ward , and above the age of years . . the names and surnames of every parson or vicar within your ward being possessed of a parsonage or vicarage or other estate of the cleer yearly value of li. . of the names and surnames of every doctor of the civil or cannon laws , and every advocate residing within your ward . . of the names and surnames of every judge or commissioner in the court of admiralty or of the probate of wills residing within your ward . . of the names and surnames of every person who hath practised as a proctor in either of the said courts residing within your ward . . of the names and surnames of every doctor of physick residing within your said ward . . of the names and surnames of all english merchants within your ward not free of this city . . of the names and surnames of all english factors residing within your ward . . of the names and surnames of all merchants strangers of the degree of a knight residing within your ward . . of the names and surnames of all merchant strangers below that degree , trading to sea , residing within your ward . . of the names and surnames of all merchant strangers trading within the land , that reside within your ward . . of the names and surnames of all persons being aliens born , and using or exercising any trade , mystery or manuall occupation , being a house-keeper within your said ward . . of the names and surnames of all attorneys at law of any the courts at westminster , residing within your ward . . of the names and surnames of all widows residing within your said ward , and of what ( highest ) degree the husbands of such widows were in their life times . . of the names and surnames of all persons keeping one or more hackney coach or coaches within your ward , and how many coaches and pair of horses he or she so keepeth . . the names and surnames of all free-men of this city being of none of the degrees before mentioned , dwelling or residing within your ward , who can dispend in lands , leases , money , stock or otherwise of their own proper estate the sum of li. per annum or above , and how much yearly every of them can dispend as aforesaid ( so neerly as you can deem them ) and of what company every of them is free , and in what parish he is resident . . of the names and surnames of all other persons within your ward that can dispend in lands , leases , money , stock or otherwise of their own proper estate the sum of li. per annum and above , and how much yearly every of them can dispend as aforesaid , ( so neer as you can deem them . ) . that you also insert in your said certificate the number of all single persons in every family above the age of years . . as also of all other persons of what estate or degree he or she be , not before mentioned or herein comprised nor receiving almes and being above the age of years . and that you distinguish all of every degree , rank and quality aforesaid by themselves in order . and in the true and exact performance of all and every the particulars above mentioned ; we require you and the said church-wardens , constables and collectors for the poor , not to fail upon the penalties in the said act conteined . dated at the guild-hall london the day of september , . tuesday, may th. . the parliament doth resolve and declare, that all persons whatsoever shall pay, and hereby are required to pay in all arrears and growing duties, for customs, excise and new impost, monethly taxes, and all other moneys due and payable to the common-wealth. ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday, may th. . the parliament doth resolve and declare, that all persons whatsoever shall pay, and hereby are required to pay in all arrears and growing duties, for customs, excise and new impost, monethly taxes, and all other moneys due and payable to the common-wealth. ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . title from first lines of text. a resolution of parliament, calling in all arrears of duties for customs, excise, etc. order to print signed: jo. phelpes, clerk of the parliament pro tempore. annotation on thomason copy: "may. ". reproduction of the original in the british library. eng taxation -- england -- early works to . excise tax -- england -- early works to . a r (thomason .f. [ ]). civilwar no tuesday, may th. . the parliament doth resolve and declare, that all persons whatsoever shall pay, and hereby are required to pay in a england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion tuesday may th . the parliament doth resolve and declare , that all persons whatsoever shall pay , and hereby are required to pay in all arrears and growing duties , for customs , excise and new impost , monethly taxes , and all other moneys due and payable to the common-wealth . and all persons imployed for the receiving and collecting the same , are hereby impowred and required to act in their several places for receiving and collecting the same , until the parliament shall take further order . ordered by the parliament , that this vote be forthwith printed and published . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . a commentary upon the present condition of the kingdom and its melioration penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a commentary upon the present condition of the kingdom and its melioration penn, william, - . [ ], p. s.n.], [london : . attributed by wing to penn. errata: p. . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- england. great britain -- economic policy. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a commentary upon the present condition of the kingdom and its melioration . printed , anno dom. . the kingdoms sickness , and its cure , &c. it is not unknown to any person that is concern'd in the welfare of his country , that there are now very ill symptoms in the countenance thereof ; and not many particular persons there are , who can say , that their private affairs receive not a malignant influence from the ill crasis and indisposition of the whole body politick : i shall therefore endeavour to give an account of this its malady , and propose the means of its redress and succour ; wherein i shall play the part of a bold physician to a desperate and chronical disease , neither will i handle the matter as if i were to deal with a nice and tender lady , consulting her ease , and the delight of her palate , more than the benefit of a firm & lasting health , and therefore rejects the nauseous potion offer'd for her cure : but i shall prescribe , ( if occasion ) a vomit , both strong and bitter , that will cause not only cause aversion in the taking , but likewise in the operation may put all parts into some perturbation , for the more effectual support and comfort of them all : i shall not savour my lancet , nor the saw it self if i find it necessary : to come to my design ; the sickness of the nation appears evidently by those symptoms that are upon it , an atrophy , listlesness to action , paleness and fearfulness ; i mean three things the main indications of its weakness . . want of mony and trade , the nourishment of a commonwealth . . a consequent of the former ; people are of low spirits , like men expecting ruine , they are without those lively and vigorous designs they were wont to have when full of money . . fear and apprehension of danger from a forreign enemy ; these are the principal symptoms of which we complain at this day . the last of these i shall not need to say much to ; for if the purses and stomacks of english-men be fraighted with a sufficient cargo , it will have such influence upon their courage , as to make them resolute , and bold enough in opposing any forreign undertakings against them , it being an improvement of their natural genius , it will rather push them upon the offensive part ; this our neighbour nations are aware of ; a french-man having observed , that england is like a great beast , that can no otherwise be killed , but by being it self accessary and assistant to its own ruine , or intangling it self in the snare may be laid for it : let us then endeavour to keep it alive , by applying good nourishment , by correcting the humours , cleansing the blood ; and when it is healthfully settled upon a good basis , freed from malignant humours , we may venture it to shift in all other encounters and hazards . our business then is , to help in the two first particulars , for by them alone the last is made secure : there have been many attempts made of late for the redress of the former especially ; but by dealing too lightly , fearing to search to the bottom , they do but make things worse , and to stop one hole make three ; prohibiting irish cattle , french goods , &c. i like not those physicians that apply themselves to remove two or three particular symptoms , and leave the sourse and cause of the disease untouch'd ; i shall therefore enquire into the very springs and original of our distempers , and endeavour to shew , that without a deeper search and stronger application , no good is to be expected . the tinker will tell us , that 't is in vain to bestow mending upon that kettle whose bottom is grown thin with age and much use ; and certainly there is somthing of the same nature in kingdoms and commonwealths , which in continuance of time , will require not emendation and alteration by parcels of new laws , some whereof are made at one time , some another ; some in one century , some in many after ; till at length they are multipli'd to such a number that they becom to the government like patches to a tinkers kettle ; which after it will be patcht no longer , fine , must have a new bottom ; so also the government must have a restoration which is no longer capable of alteration and amendment in that part thereof which is weak and ill constituted . the reason whereof may be cast upon the prevailing power of time , which subjects all things to its dominions , and nothing can be secure from its over-turning influence ; the strongest forts and castles are batter'd down by it ; cities are metamorphos ▪ d into a cottage , and a wilderness into a city ; it removes commerce , and traffick , and civility from one country to another , and makes an unwonted village a well traded port , and a barbarous and savage people nice and sinical ; and farther it d●ff●rently influences the nature of mankind , that those of our generation are quite of another disposition than in former ages ; the civil conversation we now cultivate , within four or five hundred years , was milita●y discipline , and feats of arms ; the execution of justice which is now performed with gown and scrowl , they did the same in armour compleat , and with naked sword. this alteration of mens inclinations and humours effected in process of time , is the reason , that , though the form and manner of government may continue perfectly and entirely the same , yet there are distinct parts and members thereof , which re-iterated laws and emendations cannot preserve from being the dissl●ke and burde - of the subject , and so to be abolished , and somthing substitunted in the room thereof that is capable of obliging and comprehending the present genius that has taken place ; something that may agree with those inclinations of men which have succeeded in the room of those worn out by time ; and till this be done there will be a discrasie in the body politick ; there will be complaining and repining , and people will be ill at ease , dissatisfied , unsettled , by reason of something in the present government that suits not now with their stomacks and appetites ; and there cannot be introduced a settlement and composure the mother of all blessings in commonwealths , till some strong medicine cause this to be disgorged . now as all laws and government designs the benefit of the people governed , that there be a harmony and agreement in all the parts thereof ; so do they diligently avoid all things that may avert this harmony , and expel what is dossonant thereto , and causes that disagreement and uneasiness which fills mens minds to the prejudice of their settlement , their amity , and consequently their traffick one with another ; nay , though the laws establisht by antiquity are still in force for the preservation and maintenance of such government , yet they must be abrogated or changed according to the present genius , manners and inclinations of men ; for laws are arbitrary , and in circumstantial things may be brought to our manners ; whereas our members have somthing of natural necessity in them , and cannot without prejudice and violence be brought to the laws ; i mean such things as are free and in our choice , not such as are of eternal necessity to be done or omitted ; and likewise i mean the abrogation of such laws as dis-agreeing with our present inclination , will bring no dammage in other respects to the publick . now in this case , in my apprehension it is a solicisme in politicks , that government being designed chiefly for the benefit of those that live under it , yet that the laws should not comprehend and agree with the inclinations of the present generation , but of another worn off and gone : and this seems to be the right of a prevailing temper , as of a conquerour that obtains anothers country , not to be engaged to the former laws he finds there , but to give them from himself . thus when it was in fashion , and the humour prevailed of making church-men great , and rich , and honourable , laws were directed and promulgated to this purpose : if the fashion come again to contemn and slight them , and bring them down , the laws ought to favour us in it , and not to suffer a discording note , to prejudice the harmony whereon the publick establishment and settlement is founded . having seen that the publick dis-satisfaction may give occasion to change some particular part of the government ; we must enquire how it may be manifest , what must be done for the relief of it , and that we mistake not the minds and desires of people thus unsatisfyed ; in a word , this may be known by the general resentments of the most , or wisest , or soberest of the people ; if these generally agree in one vote as it were , either tacitly or expressly , by plain testimony , or such signs as are equivalent thereto , of a dislike of a constitution in the government , that is no essential part thereof , which serves to irritate them , and is the mother of oppression , if it be protested against , and forsaken by most , contemned by others , and slighted by all , it may be said to be the discording note , and hurtful to the harmony of the publick repose and consent . but perhaps this will not be a sufficient plea for its expulsion unless other things concur ; in the mean time thus much we have got through the alterations of mens inclinations , laws must be remitted , and perhaps some less essential part of government changed , or else there will be an unsatisfyedness and discrasy amongst the people ; or thus in time mens inclinations are changed , and the constitutions of government that are opposite thereto must be altered . if we look for examples of this , we may find in all histories infinite thereof ; thus the people of israel were sick and discontented for a king , and no means to satisfie them but by indulging this humour : this also may be observed in the roman government , and also in the commonwealths of greece ; in our age we may observe the like ; france will allow no priviledge to the pope-in-secular affairs and revenues of the clergy in that dominion , though they still own his authority . the netherlands could not swallow the inquisition , and venice soon grew sick of the subtile practises of the jesuites . many might be heaped to this purpose . and thus much may serve for apology , if we find that the state of things do require some change in a less material part of government , that it is no new thing , but such as time does in every age produce . to proceed then , it may be demanded whether there be any such thing amongst us , that this unsatisfyed humour is prevalent with us , may be known from converse and society of men , and their mouths are filled with complaints of the badness of the times , wishing for , and expecting some change of affairs that may give them some settlement and peace : likewise it may be known whom it aims at , and what this burden is by the open protestation of the greatest part of the nation , by the careless and remiss carriage of others , and by open contempt and derision of many , which is the present ecclesiastical government ; this all the different sorts and opinions do protest against ; this wise men and polititians do barely suffer and allow as far as their interest is concernd with it , without any zeal for its continuance . the third are , the wits and atheists of the age who contemn and deride it : as that we may safely conclude it is the publick nuisance and disgust of the nation : and as an ill humour that is at enmity with the rest of the humours in a body natural , is the occasion of a perturbation , and that its actions are performed with less life and freedom than they were wont . so likewise this dis-agreeing part in the body politick from the other parts , may be said to be occasion of its lowness of courage , and unwillingness to act in the matters which concern its welfare , as trade , and the like . but if we look into the concerns of trade , the life of our nation , and of the body politick , and to the nation more attentively , we shall find that our condition is such , that we are near lost , unless we shall make this one part a sacrifice to the preservation of the whole ; and we are not now so low in our own esteem , or the esteem of forreigners , but by means thereof we may raise up our heads that lie in the dust , and not only obtain a firm and lasting constitution of health and integrity , in the advancement of our wealth at home , but we may be enabled to make our selves great enough to offer some attempts abroad , to serve our selves our selves of the spoils of other nations , and take our share in the ruines of the house of austria , and once again retrieve our sullied glories , and re-assume the palms that were wont to be the merits of our victorious armies . it being then thus with us , that most men complain of the badness of the times ; the labourer has no work , the husband man hath no price for his corn whereby to pay his rent ; the grazier gets little for his wool , cloth lies upon the hands of the clothier , strangers run away with our fishing-trade , for want of mony or willingness in our own nation to encourage it at home ; the power of france grows formidable , and mony must be had to put us in a posture of defence ; when yet the people are so dreined already , that they are scarce able to pay more . if we come to consider the original of these evils , it can be no other then that our money is taken away by the late taxes ; for trade is then most full and redundant , and with it all things else , when mony is equally ( that is in moderate portions suitable to every mans condition ) distributed throughout the whole nation ; when each particular man has sufficient for his necessity , and the condition of his life and calling : for mony being thus generally distributed , m●n will ( to find themselves imployment , if for no other reason ) be turning their mony into goods , and their goods again into mony , and every body will confer somthing to the general emolument of traffick ; so that the means of advancing trade , is so to influence every particular person in the kingdom , that he may have mony according to the degree of his calling , and to carry on the designs be they smaller or greater which he has undertaken : and by the rule of contraries , the way to destroy trade , is to draw the mony from the body of all the people , and gather it from all the particulars of the commonwealth ; and the more this is done , the more the materials of trade are taken away , and consequently it must weaken and consume , so that we do plainly see the cause of the evils at this time ; the parliament having granted the king such immense sums of mony , and that collected upon the whole body of the subject , which alone were capable to manage a great trade ; and besides these , excise and hearth-mony collected also as the other , but never known till of late ; to this may be added the new building of london , especially in the concerns thereof ; so that putting these things together , we may wonder we are not much lower and weaker than we seem to be at this time : well may landlords complain of the fall of rents , and have their lands thrown into their own hands , when by their own acts they have taken away the means of traffick , and those materials that men must work upon for their support : for as in a natural body there is required nourishment to keep it in life and consistency ; and also this nourishment must have a vehicle , which is the blood , whereby it may be conveyed to all parts of the body ; now if you take away this too often , and in too great quantities , no wonder if at last the body grow weak , and unable to perform what otherwise might be required of it : when the blood is perfectly distributed through all the parts , and permitted to take its free and natural circulation ; so it is in a body politick , trade is its nourishment , maintains its life , and keeps it in heart , gives it a healthful constitution , and preserves it from sinking by any weakness within , and enables it also to repel external violence ; the vehicle to convey this nourishment to all the parts for their relief , is mony , the very blood of the body politick , of which , the more we take from this body , the nearer we do bring it to a consumption and inability to sustain it self . farther , we must not imagine that the burden is made lighter when divided amongst so many interests , which as to privat concerns perhaps is not so much perceived at present , but as to the concerns of trade , the whole nation is but as one man , and so much as you take there ▪ from , so much you take from trade and the livelihood of the nation ; which in time will return with more weight upon particulars , as we find by experience in rents , wool , &c. this being the condition of the nation dreyned to this faintness and weakness as at this day , and still there is occasions for more mony , and those no light ones neither , such as to put us in a posture of defence in case of any attempt from a forreign enemy , which our present circumstances leave us not without cause to apprehend , also to take off the burden that lies upon the kings revenue ; and further , if we can , to recover those eruptions and devastations made upon our trade and livelihood , to set us upon our legs , that we may shew somthing of antient valour in times of such action and enterprizes as are now on foot ; but how shall this be done ? to take more blood from the publick , is to bring us down beyond hopes of becovery , after so many plentiful evacuations . but some course must be taken , and which way shall we turn ? shall we exenterate our own bowels , and sacrifice our lives and livelihoods for our liberties ? shall we destroy our selves , that we may save our selves ; and give away the support of our lives for the defence of them ; or to what purpose is it to defend them from outward violence , when they must thus sink from within , though they should be secured from without ? is it not better we cast about , and see if there be not some other means of relief ? can we not find an ulcerated part in this body , which being lopt off , that nourishment which it too potently draws to it self , may by its separation be distributed through the whole mass , for the support of its weakness and indisposition ; to be short , there cannot be any better means or other method to compleat our hapiness , and to make amends for all our evils , than to take away the lands of laizy and deceitful clergy-men ; there seems to be a fatal necessity upon us to do it , they being not only useles● , but a bitter fountain , that sends forth streams to the annoyance of the greatest and meanest of the people ; and when it shall appear that this may be done with honesty and honour , with ●ight of justice , with safety to the government , and advancement of religion , as i shall shew ; the design will be more worthy to be put in execution : supposing then , that the tithes throughout england be allotted to be the portion of the clergy , as in the old law by divine constitution , which being equally divided amongst them throughout england , will amount to l. a year or better , an ample revenue for a clergy-man that will answer the ends of his calling , as we shall shew hereafter ; and in case any controverse arise , it may be determined by the general assembly of the county , or by the gravet and wiser amongst them ; but by all means that their hands be kept off from secular business , which belongs not to their function upon any account ▪ having so well provided for them ; let their lands and manors , &c. be given to the publick benefit , and that the parliament have the power over it , to appoint officers about the concerns of that revenue , and to take an account of them , and that it be by their prudence and care so disbursed to the several affairs that may require its assistance , to d●mise throughout the nation those lands for the raising mony upon a sudden exigency : that part of these rents be imply'd in maritine affairs , the building of busses , galleys and other vessels for the fishing , likewise for greater ships as shall be necessary ; and for mantaining and repairing forts and walled towns. another part for the improvement of trade by land , there may small stocks be derived into all parts of the kingdom to set the poor on work ; likewise in divers parts that work houses may be built for the improvement of our manufactures in the manner of hospitals , wherein the lame and blind , and all sorts may have some imployment whereby to get their own livelihood ; and also others may make some advantages by their labours . likewise other houses may be built for the benefit and improvement of the mineral trade , whither may be sent to works of industry , such whom we now too severely deliver to death upon small offences ; all these methods will not diminish the revenue , but increase it ; for if well managed , it will return into their hands again perhaps double ; as suppose ffty thousand pound a year be allowed , and well managed in these uses , this mony lies not dead , as in hospitals or such foundations , but will perhaps return fourscore thousand pound again , or more , for the benefit of the publick , and yet the nation is advantaged as much as that fifty thousand pounds comes to , and perhaps more than if it were given without any return : so that besides the commodities of our country well improv'd , and every man has work and dealings enough ; there will be an ample foundation for banks of piety , for encouragements to advance trade , as to send men into forrein countreys upon the publick charges , for the advancement of trade ; to learn skill in manufactures , to improve commerce ; also liberal sallaries and rewards for such as have deserved well of the commonwealth by useful inventions , fighting for its defence &c. hence also allowance may be given to decayed gentlemen ; such whose estates are incumbred by debts ; and more by interest may hence be relieved : out of this the necessities of the king may often be supply'd without burden to his subjects ; and it will be as an eternal cement to unite the hearts of the king and his sub●ects ; the people shall not be burdened with taxes , or else made able to pay them ; and thereby the king shall be freed from the complaints and grievances of the people , more burdensom than any part of administration : thus shall these lands which have hitherto mantained unjust usurpation , which served pride and malice to distress and grieve mankind in all orders and degrees ; by this means they shal become the happy instruments of universal benefit to all orders and degrees amongst us : now if the remedy must be contrary to the distemper , then have we a very apt remedy for all our evils , which as they have been brought upon us by dreyning the nation of so much of its blood ; so shall our cure be by deriving these refreshing springs into all the exhausted and weak'ned parts of the kingdom ; and we may promise our selves from the wisdom of the parliament , that no corner of the kingdom shall be excluded from the benigne influence thereof : the young man may be advanced into trade without any fortune of his own ; the poor man shall have work , the tradesman business , the mariner is made happy , the ingenious rewarded , the unfortunate relieved , and the whole nation so exalted and improved , that we shall be like the israelites returning from captivity as men in a dream , scarce believing on a sudden that happiness which we see and feell : now it being so , that episcopal govrnment expelled , such blessings follow as are like the glories of the morning sun to midnight darkness ; is it not to be wished , that the king and parliament having laid such continued burdens upon the subject , would consult their own honour and reputation , and transmit their names and memory to posterity with some sweet odours of praise and blessing ; that they would once in so many essays do somthing which may prove the universal benefit of the civil state , and of religion , which may make their fame glorious and renowned to the present and future generations , and may bring a blessing from heaven to prosper and establish all other their undertakings . what though our ancestors eys were blinded to give the best of the kingdom to clergy-men , and to confirm them by laws ; yet since our eyes are open , to discover the cheats and folly thereof , we should commit a greater folly than they , if we in so great necessity should suffer them to enjoy what was so exorbitantly given , or rather what was gotten by fraud and collvsion ; have not we the same power to nullify laws made against the common good , as they had to establish the same ; and have we not yet more reason , since they granted them through collusion and deceit , whereas every day discovers to us , that there is no ne●essity and occasion thereof ; and moreover , it is returned into the bosom of their posterity with a hundred fold disadvantage instead of benefit . now though it were enough to say , that the supreme law did require this , even the safety of the kingdom being concern'd in it ; there being a necessity that all government be directed according to the course and exigency of the present circumstances and conditions in which they live to whom the mannagement of affairs is committed , or else it loseth its end , and is not established for the preservation of the subject , his peace and settlement , but by a kind of solaecism in politicks , for the preservation of that which is no more , even a worn off generation gone to their fathers . yet i shall add farther , that there ir right and equity enough in the thing ; for st . they obtained their lands by collusion and fraud . ly . they managed them so as to be the instruments of oppression and disturbance to all mankind , and to this commonwealth in particular ; which is treason enough in a sound sense , if not directly , yet interpretatively : as for the imputation of sacriledge we shall see more hereafter . but the collusion and deceit will appear plainly , if we consider , that these lands and priviledges were granted in such an age and time of darkness , when nothing of the scripture , or of the truth was known , and less of religion practised ; men pretended then a great deal of ze●l for religion , but really abominated the plainness and simplicity that was in the gospel , and the spiritual exercise it did require ; so that all their zeal was spent in pursuit of a strange worship , things diametrically opposite to the gospel of truth , whereby they might make themselves great or honourable , that they might abound with all things that could minister to their pride , their luxury and excess , and what ever else was contrary to the rule of sound doctrine . to accomplish these their extravagant and wicked designs ; they first trouble and muddy the pure springs of christian doctrine and practice , br●ng first liturgies , forms and ceremonies of worship , and then went on to altars , crosses , bowings , washings , images , masses , and infinite such trumpery , to amuse mens minds with a shew of outside worship ; then they set apart multitudes of men devoted to these wickednesses , who had no other imployment but to read m●sses , filling the world with lies , and forgeries of miracles , whereby to bring the world into fear and superstition , chiefly to induce men to impart to them of their wealth and substance ; relating wonderful apparitions and visions of such who had been favourable to their greedy desires , ma●ing them no less than saints , that others might be incouraged to follow their works ; and more fuel might be added to their ungodly lusts : but if any did discountenance them in their designs , or not fulfil their desires to the utmost , they had a serviceable invention of purgatory , whereby they would make up their markets ; for their prayers were of no force to deliver men from thence , unless they were well paid in hand before they begun to work : also confession , and extreme unction were none of their meanest engines to cheat the world ; for by virtue of these being near the beds of departing souls , they made successful use of the opportunity , either to forge wills and donations , or else by aggravating their sins , and the torments of purgatory , get from them what men in despair , ( and no more capable of enjoyments in this world , and therefore prone enough to throw them away , ( especially where there appeared hopes of a return in another ) were willing to part with . add to this , that having locked up the pure truth in an unknown language , and few bibles also to be got by reason of the unlearnedness of the age ; all their devotions they comprehended in rituals and rosaries , &c. all their religion was external pomp , ceremony and magnificence , puzled and intricated with a thousand inventions and devices , that had no relation to it , otherwise than to destroy it from the earth : now by these means they had got the keys into their hands ; but what keys ? even those of the bottomless pit , to sink men in perdition . but thus it was , and by these evil arts they had made themselvs the oracles of the age , through whose mouth all religion and devotion must proceed ; they call'd themselves the church , all their constitutions & injunctions must now be irrefragable , and they must needs pretend to be infallible , since they saw all matters of religion depending upon them , and nothing was seen or known but what was their pleasure to apoint and declare : and who could convince them of errour in the midst of darkness ? when all light of the gospel , and of truth it self seemed to be extinguished ? thus have they overthrown that pure and undefiled religion , denying the lord that bought them , and betraying him with judas into the power of his enemies ; but he riseth again to take vengeance of his oppressors . but these things consider'd , it is no wonder that our ancestors could not see through this mist and darkness of errour , thicker than that of aegypt , which had by this time overspread the face of the whole earth . but partly mistaking a generation of deceivers , for the true church , thought it honourable to conferre what they could to its greatness , partly through fear of purgatory , and to deliver their souls from that torment which they were taught to believe , partly to save their souls ; for which purpose they were taught that these donations were effectual , settled upon them their lands , which were afterwards confirmed to them by law upon the same account ; for in magna charta there is express mention made by the king of this end of his grants , ( viz. ) the saving of his soul : now that they were deluded in these donations , we need go no farther than the universal consent of those churches who have shaken off the papal usurpation , who have all declared against praying for the dead as insignificant ; and do acknowledge that all donations given to the clergy , could have no effect ( as was pretended , ) to save mens souls ▪ add to this , there is no colour for it in scripture , and was only then invented as a serviceable engine to deceive men of their estates , and thereby to benefit and inrich that idolatrous church : which being consider'd , that these conditions on which they obtained their lands were proposed dolo malo , and farther , that they are not kept according to the will of the feoffor ; those customs being now abolished of praying for souls , upon which account they held many considerable lands ; whether the statute of marlbridge or other laws will extend to redeem those lands , i leave to the learned in the law to judge . if it be alledged , that these lands , and their priviledges have been confirmed to them all along under protestant princes ; and that the king takes an oath at his coronation to defend them : it may be answer'd , that such use and benefit of those lands may be permitted them by those who were proprietors thereof ; not that the right of the successor should be prejudic'd thereby : or perhaps they understood not so fully their condition in respect to that right , and therefore more justly accrues to us as the discoverers ; or else they had not the same necessity to re-assume it : for our condition is such , by divine providence appointed ▪ that there is no other mea●s to save us from ruine . i shall here add somthing much to this purpose out of grotius ; si lex fundetur in praesumptione aliqua facti , quod factum revera ita se non habeat tunc ea lex non obliget . seneca says , demens est qui fidem praestat errori ; grotius also brings the opinion of bodinus much to our purpose . bodinus censet iisdem ex causis regem sive aliena fraude & dolo , sive errore circumventum , sive metu restitui posse . in another place the same grotius , sed hoc quoque sciendum est posse subditis jus etiam quaesitum auferri per regem duplici modo , aut in poenam , aut ex vi super-eminentis dominii ; sed ut id fiat ex vi super eminentis dominii primum requiritur utilitas publica . again , illud quoque à multis traditum beneficia principum quae liberaliter sunt concessa semper posse revocari . as concerning the kings oath , i shall only propose the words of the same grotius , ut valeat juramentum oportet ut obligatio sit licita ; quare nullas vires habebit jurata promissio de re illicita aut naturaliter , aut divina interdictione , aut etiam humana , if this be not sufficient , he adds farther , imo etiamsi res quae promittitur non sit illicita , sed majus bonum morale impediens , sic quoque non valebit juramentum . as for the imputation of sacriledge , we have thus much to say . . that the word has a very large signification , and it is hard to be punctually decided what is sacriledge , and what not ; but . of this we are certain , that extreme necessity cannot be praescribed to by it ; for we find david made use of the shew-bread in this case : and it is farther to be noted , that i have not directed that they should be appropriate to any private use , but to be preserved as a support of the commonwealth in all degrees where there may be necessity , and so to become the publick endowment ; for it is not to be applyed to the use of any particular man , or men , so as to be appropriated to them ; it being like judas's mony , the price of a saviour , with which the jews bought the potters field to bury strangers in , when it was returned by judas : so these lands also ought to be converted to the benefit and relief of the poor , the stranger , and necessitous , which may very well consist with the method i have before mentioned . but farther , we may do well to consider how they have behaved themselves in the fruition of these ample priviledges they have been invested with : i shall not now trouble the reader with a particular recitation of those disturbances and molestations wherewith our kings and nobles , as well as commons have suffered under popish bishops ; nor yet the practices of our late bishops of the reformation ; how they oppressed the subjects , and overthrew all laws and constitutions of the kingdom , to set up their own power , and satisfie the lust of tyrannous and absolute dominion , abusing the goodness of our kings to this purpose , which things have been shewed already by others : it shall be sufficient to observe , that when by the reformation the scriptues were opened , and put into every mans hands for their direction , there were found very few whose minds were dis-engaged from the superstition of popery , but manifested an inclination to embrace the scripture in the true and native plainness of it , and to yield obedience to the sincere practical duties therein contained ; and at that time it seemed to have an influence upon the clergy as well as others , who minding the calling the people off from popery , or confirming them in the reformed religion , or building them up in faith and good works , were not much sollicitous of dominion and jurisdiction , but depended upon the kings grace , not only for any authority to be exercised by them , but also for their very lands and revenues ; and he that had so boldly spoiled abbies and monasteries , bringing down proud and stately fabricks to the dust , and confiscating their revenues , could also upon the least occasion offer'd , or tending to oppose his projects , have caused them to taste of the same lot with their brethren ; these two things were concurring the truth of christ , and fear of the prince to whom they were subject , must needs make tolerable bishops , though it is probable they were good men notwithstanding . but as it was in the bishops of rome , who of tollerable b●shops at the first , when their fortunes were small , and the secular authority too potent to be resisted , became intolerable usurpers of uncontrollable power , when once they had settled their foot , and enlarged their dominions ; so likewise the old serpent had the same game to play with us ; for after a little time having settled themselves by law , they began to look about , and think of amplifying their power , making all men submit thereto , and to suppress all opposition , and root it out ; and now they held no longer of the kings grace , but jure divino , still augmenting and riveting themselves by degrees in secular authority , and exceeding therewth from the light and purity of scripture , to a hatred thereof , and the preaching of it , and all such as owned it in publick , declaring and teaching it , or in private ; till at length no remonstrances or petitions to the contrary notwithstanding ; they had erected a court of commission , and had brought a spanish inquisition amongst us , and proceeded to other acts , by corrupting or delaying justice , that it was hard to say whether the subject was more opprest , by being deprived of the priviledges the law allows him , or the bishops more tirants & usurpers in going so far beyond the limits that the law had set them ; every where acting with such a power as the effects made appear to be unlimited : they having been thus seduced by riches and greatness , to abandon the truth and purity of christian religion , yet other persons wanting that temptation , had no reason to submit to a domineering lust , against the testimony of truth and religion , nor lend their assistance to maintain a laizy and usurped authority ; so that animosities must needs be kindled ; and as the bishops grew more in authority and dominion , and farther departed from this truth , the malice and rage of the one increased , which added stubborness and resolution to the other ; these causes of dissention were kindling and somenting a long while , till the bishops at last so far abused the good nature of k. charles i. so far to the oppression of the truth , and the mantainers of it , and it was but the name of a puritan that must make a man lyable to all the inconveniences of a tyranical court , to be susspended from his office , and the benefits of it ; to have his study and house ransack'd , forced to accuse himself by an oath ex officio ; and besides waiting upon vexatious and dilatory suits , without liberty of pleading or answering to any thing that was objected against him : he must thus spend his time and his estate to the ruine of himself and his family . these and other things became so general a burden , that there was no redress but by taking up arms against those unjust invaders of their liberty , whose original greatness being establisht by deceit and falshood , their authority a usurpation ▪ their government , though it had been legal , yet so unreasonably abused , to the disturbance of the peace and liberty of the subject ; it were not in the kings power , though they decoy'd him to their party ; nor was it just and right in him to defend or abett them , much less to esteem what was done against them , to be done against himself , his royal crown , or sacred authority ; he is to be the minister of justice , and this must be adherd to , though with the loss of whatsoever is most dear to him ; t is he acts against his own life & crown , he betrays his scepter and authority , and is guilty of treason against himself , when he takes part with the unrighteous , with cruel and blood-thirsty men , to disturb the peace of his true and loyal subjects ; to spoil them of their lives and fortunes , and leave the children of innocent men to the extremity of sorrow and distress : thus were we at length engaged in a civil war , and by a soul and reproachful disaster contrary to the desires and wishes of the nation : the hand of the subject was imbrued in the blood of his king ; and shall we think these men innocent in all this ? then may it be said that he who shall all manner of ways exagitate his enemie , and leave no part of malice unattempted to hasten the destruction of him , who hath no other quarrel to his persecutor , but the desire of his amendment ; if he shall drive him to the utmost and last extremity , so that he knows not which way to turn , and finds no possible means of recovery and safety , but by disarming his persecutor , and captivating that power that was so unjustly drawn out against him : this person thus disarmed , may then complain he is abused and set upon , his life and fortune assaulted upon no ground or reason , he is innocent , and only guilty ( if that be guilt ) of endeavouring to bring his enemy to a right mind ; that is , to be his vassal , that he may set his foot upon the neck of his enemy , and make him know , that he also is a god that ruleth in the earth : the same imbittered spirit seems to continue still with us , and has not been without its essays of disturbing that peace and repose which we at present enjoy ; but their wings are cut , and their nails ▪ pair'd , men do generally do see into the cheat , and every day brings fresh discoveries ▪ thereof ; and it were strange that now mens minds are so busily imploy'd in the search of knowledge and improvement of sciense to that degree , as to have arrived at such attainments in one century , as we do not find that former ages were at any time masters of . it were strange i say in such increase of knowledge , if we should be still blind in matters that concern religion ; that we should not apprehend that all that pomp and stateliness is vanished , for the support and mantaining whereof , the clergy were invested with such great possessions , and ample priviledges . i have two things more especially , which with some reason i may impute the occasion of them to the present church-government . . the present atheism and debauchery that the age and nation labour with , which though it may have its rise from some other cause , yet it receives at least strength & confirmation , partly from the empty formality of the clergy , who have apparently no other designs but their own gains , partly from the open contradiction they see between their life and manners , and the● doctrine ; who are all the week after refuting and pulling down that in their practice , which a few empty words of speculation , like the calf that aaron made to guide the people , and to as much purpose ) set forth on the first day of it : they see that whilst these men preach against worldliness , they themselves are the most desirous , greedy and ambitious of all the world can afford ; whilst they preach against drunkenness and debauchery , yet themselves are never satisfyed with those advantages of riches & enlarged revenues , which serve but to keep these vices in heart and life . they ▪ may add with some shew of reason ; perhaps we should not hear one word from them of these things , did they not find the trade gainful , and the means to be great in this world , was to profess to deny it ; they will go on , sure these men do but ▪ tell us stories and fancies , and maze in a wilderness of tattle and empty sounding words ; for if there were any reality in the thing they propose , it would sure have some effect upon themselves , to moderate their projects and desires . such kind of conclusions as these they may draw from a religious-government ; stamped for true and orthodox by publick authority ▪ yet thus betraying it self to its own condemnation : as for the dissenters , they will appear to these men silly deluded creatures that know nothing . the . thing is , the various opinions and phrensies that have of late infested our nation , may be thought to have their original from hence , next to the craft and subtilty of our grand enemy ; for english men ( to speak without flattery , ) are generally lovers of truth and integrity , and somwhat stiff and rigid in those principles they adhere to , especially if they imagine them agreeable to truth and honesty ; when therefore they had embraced the gospel and the reformation ; and conceiving withal , it manifested an opposition to the ecclesiastical government ; to keep to the one , they grew into dislike of th' other , which took deeper root when this government began vex and beat their fellow-servants , and so instead of lessening the difference , make the gap wider . now what must ●hey do in this case , the government had thrown them off , and pursued them as enemies to it ; they were too rigid to quit those principles they had taken up with such appearance of truth ; and the government would not yield to such whom they thought must receive and not give laws , according to the pride of usurpation ; so that they were forced to wander as sheep without a shepherd , or rather whose shepherd was unfaithful ; some took one way , some another , as their fancy led them , to munster , or geneva , or worse , till at last all things came into confusion . thus hath ecclesiastical authority given birth to disscentions , and fuel to continual animosities , administred strength and growth to atheism & irreligion ; by it men have been staved off from unity , and peaceable enjoyment of their lives ; thereby they have been plunged in the depth of errour and distraction ; have been driven to sheath their swords in the bowels of their brethren ; and that no wickedness might be left un-atchieved , the sad effects of all this hath been yet depending upon , and a consequent to the former , the spilling the blood of the sacred person of their king ; these evils hang together as a chain of many links , whose first link is the denying , not hearkning to , rejecting and disobeying the word of god , and the light of the gospel ; bring in this , and the rest follow as part of the chain ; but establish the truth of christian religion , and you have therewith security and peace , and a strong defence against all these evils . now our enquiry shall be concerning religion , how it may be settled with truth as to it self , with comfort to all people , and with security to the nation . we shall therefore endeavour to give a brief account of religion , according to the talent we have received . it must be known , first then , that it is of another nature than those outward things we converse with ; that is , it is not of the world , nor according to the fashion of the world ; neither doth it agree or associate with any thing that is external , but it is opposite and contrary thereto , even to all forms of worship of what kind soever ; all ceremonies & constitutions of men be they of what kind they will , but much more to the enjoyments of the present life , riches , and honours , and the like ; to all designs of getting a name , dominion , power , estates , &c. this manifestly appears throughout the scripture , especially the new testament . hence this pure doctrine is called a new creation , regeneration , new birth , &c. to shew that there is somthing old that must be shaken off , even the things of this world , which this is to succeed ; for we cannot be said to be born again , or created again , unless that first creation be made null and void , and brought to nothing , and this substituted in the room thereof : a man cannot re-build his house that has not first pulled down the old one . hence our lord makes it the first step to come to him , to deny our selves , and take up our cross ; that is , to cast away all concern for the things of this life , any desire after them or satisfaction in them , and to be esteemed nothing , of no account ; yea fools and mad for his sake : hence also we may observe a perfect opposition in scripture , between the kingdom of christ and of this world ; those things are called spiritual , heavenly , not fading : whereas in contradiction to them , are put earthly , carnal , corrupt , &c. love not the world , nor the things of the world ; if any man love the world , the love of the father is not in him . saith st. john , the carnal man savoureth not the things of god , they are spiritually discerned ; where we may observe that contrariety which logicians call contradictoriè opposita : our saviour also very diligently seperats them ; ye cannot serve god and mammon , bidding us take no care what we shall eat , or what we shall drink , or what we shall put on : but bids us in opposition to these things , seek first the kingdom of heaven and its righteousness , and all these things shall be added . i might be large in collecting to this purpose , but let it suffice to observe : that we cannot imagine the scripture to be more express then it is , supposing it had been in the mind of the law-giver to make us fully sensible of the contrariety and inconsistency of outward enjoyments , with the purity of a christian life ; and had he not designed to caution us diligently in this respect , it were impossible there should be found such expressions in his will revealed : but here it must be noted , that the opposition is not of that nature ; as that he that hath the blessings of wealth or honour must presently throw them away , but he must throw them out of his mind , th●t his heart and affections be not set upon them , which may be obtained by earnest prayer , and doing some good to others with the enjoyments we possess : we must note farther , that if there be a divine command for forsaking of them , as in abraham and the apostles , or what is equivalent thereto , as suffering the will of god in times of persecution ; they must be actually forsaken and thrown away : farther , we must note as to our present designe , that this opposition so far prevails , as that it will be hardly or not at all possible for us to partake of this heavenly life , and be true disciples of christ , if we make it our designe and business to seek after and fill our selves with earthly enjoyments ; if we use them to the oppression of others , to an unjust dominion over our brethren , if they are made the chiefe thing in our aime , sought with care , deceit , flattery , lying , freeing , &c. if we prostitute all our actions , and conscience it self for an empty tittle , and transient revenue : and generally ( in the words of solomon ) he that maketh haste to be rich cannot be innocent . so that then this contrariety between flesh and spirit , between religion and the world , is such as they exclude each other : the man whose mind is taken up with religion , values not the world , nor any thing therein ; he wants them not , he desires them not , he seeks them not : the man whose mind is taken up with the affairs of the world , values not the things of christ , they are foolishness unto him . which thing also may be evinced by natural light or reason : for we see men that are given to vices , run on without deliberation , or regard of any other thing , to that immense degree , after satisfaction in their vices ; as not only to consume their patrimony , though a princely revenue , but the health of their bodyes , and even the world it self , to be satisfied in their desires ; thus the desires of drunkenness and lust , being infinite and never to be satisfied , but rather irritated by the fulness of enjoyment ; the desires tending vehemently to the fruition , the fruition giving birth to new desires : that if men were permitted to act in their full carier , and prosecute these vices without restraint of divine and humane laws , how soon would it run the world in confusion and ruine , and yet not a stop put to these desires , for they are infinite . thus the covetous man desires to gain more and more from others and inclose to himself all things , till at length all things else ( if his desires be fulfilled ) must perish for want of subsistance : so the ambitious man will have all things subjected to himself , and if the whole world be his vassallage ; yet his desires carry him still to grasp more power and dominion , as is reported of alexander : thus we see vice in its true nature , tends to the destruction of all things , and consists in an inordinateness of the mind , whereby its desires are infinite , and not to be satisfied : the mind having forsaken god , and set up it self in its place , will thus have all things subservient to it , and is carried forth infinitely to obtain this end : and this inordinate mind and unlimited desiring and lusting after that which it takes to , is that corruption which was brought in by adam's transgression , which we call o●iginal sin ; which is no other then this inordinate mind forsaking god and lusting infinitely after its own fancies and devices . now to help lost man , and free him from this slavery of an inordinate mind , was the business of the second adam ; who came down from heaven , took our nature upon him in the form of a servant , suffering upon the cross that he might destroy the works of the devil , and establish an ordinate regular mind in those that believe in him : that is the divine nature whereof he was partaker , by his taking our nature , is communicated to all men that believe , which rescues them from this slavery of their inordinate mind , and by virtue of which they subdue all those desires which were introduced by adams transgression ; where we must take notice that we said christ in the divine nature was united with our nature ; and that by virtue of this union it is communicated to all men that believe , in opposition to adam , whose transgression redounded to all by not believing , or disobedience ; in which it must be farther noted , that it being a divine nature united to christians by faith , . it is no other than the third person in the trinity the holy ghost , which proceedeth from the father and the son , because he operates this work in us . observe dly . that we cannot do any good work of our selves , for our regeneration and new life , is this union of the divine nature , the holy spirit in our hearts , our good actions coming from the principle of life , must also be from him who is that life . now we may see clearly what our saviour says , they that worship the father , shal worship him in spirit and in truth , even in the spirit which is communicated to all flesh by the union of the divine and humane nature . to speak all in a word ; adams transgression lusting after the forbidden fruit , opened the dore to a lusting and inordinate mind in all his posterity , tending to subvert all things ; this was taken away by the word becoming flesh , uniting the divine and humane nature , and thereby communicated to all men that believe , that the sons of adam in the power thereof might become the sons of god , in the strength of this divine nature to them that ask it , they are able to subdue those inordinate insatiable desires of the mind , which are propagated from adam to all posterity . now we see what religion is , even an imploring the gracious spirit to subdue these corruptions we were addicted to , and a living in the exercise of this strength and power against all assaults of our spiritual enemies . religion then is an internal exercise to keep the soul pure , and free from inordinate desires , clean and immaculate from all pollution , and so is the mother of all moral duties ; it is an internal life whereby it does deny an external life , and abandons not only the enjoyments of the external life , but even the desires of them , which it only and principally aims at . now let us consider what is antichristian or antichrist ; the name shews that it is opposite to christ , and somthing set up instead of him , or against him ; and sure if he will answer his name , he must overthrow that which christ hath done and appointed , and set up somthing else in the room thereof , whatever he has a mind to , or his pleasure is to set up that is contrary thereto , which he has no other way to accomplish , but by bringing this internal exercise of the mind to some external exercise and performance ; for thereby the mind will forget the internal work , being amused and taken up with external duties . now that he may bring may bring religion to an external performance , he needs no more then with some shew of zeal to excogi●a●e certain forms and ceremonies , to set aside such persons , such places , such times for religious duties ; and when he has done this , he may excogitate other things at pleasure , and go on till he be able to trample upon the necks of kings , and pretend to dispose of the whole ea●th at his command : for from wha● we hove said , religion being an internal exercise , and lying in every mans breast to repent and believe ; it will follow , there is no necessity to set aside men for religions sake , though perhaps it may be done ; but if men shall make it necessary , then these things will follow , that there must be places for them wherein to officiate necessar●ly , and there ●s as much necessity that as these men encrease in number , that these places also encrease ; but these men being idle , must have some outward imployment , where we have a foundation for m●ssals , rosaries , prayings to saints , purgatory , &c. likewise they must have a mantainance , and will look out to be great and glorious as other men ; and will perhaps as the nature of men is , use deceitful arts for this purpose ; there is now a neces●ity this purpose ; there is now a necessity that their places of officiating be adorned also with rich and magnificent building , with gold and silver , pictures and images ; their worship must be suitable to their state and pomp in other things . thus shall we have in that also a great deal of stateliness & ceremonious intricacies to amuse mens minds ; and lastly , the doctrine must not be dissonant from all this , but suited to uphold the fabrick ; * likewise it will be highly necessary to appoint some days to appear more gloriously than others ; all men cannot attend every day an external worship ; therefore let some days be set apart , wherein it may be cloathen in its best robes . now in the truth of religion , no chr●stian is free from the duty of keeping his mind pure , in any day , or time of the day , nor in any place ; much less ought we to think it is more tyed to one person than another ; or that by studying in the universitiy , where foolish philosophy does add to the corruption of mens minds : men should be freer from this pollution , or fitter to free others there-from ; and what will follow , but that they endeavour to confirm their own authority and constitutions by all means possible , and avenge the violation of a crime against this external shew of worship , with the greatest punnishments and rigour ; but let every one contemn the internal worship as he will , and be be guiltless : so that all external worship is in some degree or other antichristian ; but the least evil is to be chosen in the constitution of the church , and all things so appointed , that there may be least occasion for the growth of this mischief , and all things ( as nearly as may be ) so ordered , as religion may appear in its native beauty , devested of the outward man in its too much redundancy ; and thereby somwhat pressed and urg'd more fully to seek the righteousness of christ , that inward power which worketh all in all . these things being thus laid down , we shall find what a christian church is , even the assembly of such persons , who denying the world and its corrupt inclinations , have believed in christ , and are regenerate by his spirit , keeping their minds regular and pure from the inclinations to vanity : their union is internal through the spirit of god , they are of one mind , and in perfect love , being all cemented together by that one spirit , built upon the corner stone , which is christ ; their government also must be according to that spirit , being nothing but unity , love , peace , mutual assistance , and delighting to benefit each other , in meekness submitting to each other ; every man is servant to his brother for his good ; and he that is greatest , is he that is most serviceable ; all things are done not only with decency and order , but with the greatest sweetness , candour , and integrity that may be . now because of humane infirmity , there will be lapses ; charity will oblige that the offence be covered , and the person offending upon his repentance ( privately manifested to any of the company ) be restored ; but if after private and particular admonitions he continue pervicacious and impenitent , he is to be secluded , and cast off from the company : here is no external violence to be used , no assistance from the secular arm , no imployment for the mastistrates sword , but a plain and simple shutting him out of the society , that will not be guided by the laws of it , and thereby it becomes his own act and not theirs ▪ but our saviour hath given a greater power with the keys , not external concerning wills and testamen●s , &c. but internal by the operation of his spirit , whereby any two of his disciples agreeing together concerning any matter , whatever they establish on earth , shall be confirmed in heaven , be it what it will ; so that if they ask in faith ; of which we have not found any instances as yet , we may hereafter : the word is sure , and the promise firm , but requires faith in them that ask it . thus it must needs be , that all its jurisdiction and power must be internal , since the very design of christian religion , is to deny outward things ; but we have been long trained up in a contrary doctrine , the ministers still placing themselves in the room of christ , will be heads when they ought to be but members , and rule such whom they ought to serve , seeking rather the substance and goods of the flock , than the good of their souls . this society then being met together , their exercise and worship will be as agreeable as may be to their religion ; that is , internal , i mean there will be not be need of any great pains or study to prepare for to entertain the company with a studied discourse of an hour long , but rather all being partakers of , and regenerated into the divine nature , as was said , it will be necessary to act suitable thereto in all plainness and simplicity ; and further , this being that life from whence all a christians actions flow , let every one submit to the direction and guidance thereof ; and so whoever hath a word of exhortation , let the rest hear it , as coming from the same spirit which is given to all : let him that hath a mind to speak , speak freely , but humbly also , and willing to forbear if it shall be signifyed to him ; this paul calls prophecying , cor. . , for they may all prophecy one by one , that all may learn , and all may be comforted . and the spirits of the prophets are subject to the prophets . as for the minister or bishop , if this practice be mantained , it may soon be decided who he is , or ought to be , even he , whose guifts , whose zeal , whose piety and wisdom shall be noted as chief amongst the rest , and honoured among them with general consent as deserving the first rank : now if there be dissent in this regard , the best way to avoid strife , is to decide it by lot. according to what we have said , his business will not be much , in regard of study , but in pains and labour , in causing them often to meet together , to exhort them earnestly and diligently , to heal those that are fallen , visit the sick , comfort the weak , take care for the poor , instruct the ignorant , with many such duties which accompany this weighty charge . he earnestly endeavours to build up the inward man , ●nd is so far from admitting ceremonies in religion , that he wisheth them far excluded from the civil practise of men . there are but two appointed and those only necessary , baptism or washing with water , to shew our being cleansed by the holy ghost from adams sin , rendered pure from all pollution , and is the admission into this holy society : the other is the supper , signifying to us , and also conveying to us by bread and wine , the fruit of our lords being bruised for us , and farther confirming and strengthning of us in his power to resist all corruption ; both which he will administer to such as understand what they do , and are sincere in the doing thereof : all that we have said may easily appear to be the constitution of the primitive church : they were so united in the spirit of love and peace as to have all things common , and to be a wonder to the heathens ; who would say of them , see how these christians love one another . likewise that every man had liberty to speak in the congregation , appears by what st. paul saith of prophesying ; also the apostles as they removed from place to place , took care to appoint such pastors or bishops in church they were about to leave title to , as being pious , elderly and zealous ; might thereby have the best take care of the rest , and to serve them in that office : but when large revenues came to be annexed to these places ; he was the fittest man among many pretenders , whom the secular authority did commend whether a shepherd or a wolfe , 't was not regarded , but thus much to shew what is truth in religion , and in its practise thereof , which we are gone so far from as to be ignorant of the notion , but much more of the actions agreeable to it . but it si good to know it , though we do not for the present embrace it ; yet to look whence we are fallen , may be some means of amendment , and to consider well thereof is the first step to it . at least from hence it will appear very just and reasonable , to remove those unnecessary additions , to cut off those superflous branches , those redundant revenues of clergy , which tend to destroy religion : it will also appear , that in proposing a hundred pounds a year to the clergy ; i am so far from being beyond the mark , that i am short of it , and the danger is still more in the largeness of the revenue , then in the shortness of it . but it will be said ministers will not be satisfied therewith . neither will unreasonable men be satisfied with any thing . bishops were never yet satisfied with the power and revenues they had unjustly obtained , but were continually proling for more : their grand captain the pope , will not easily say it is enough : should his greatness be more widely extravagant then it is ? in the mean time let the magistrate take care to give such limits to their desires , as may come nearest to the bounds of truth ; and since they cannot govern themselves in the fortunes they enjoy , he shall do well to place them in such fortunes , as they shall have least opportunity to abuse ; such as may have a tendency to cause them to reflect and consider who they are , and what they are set about . thus not only the necessiy of the civil state require that the lands of the clergy be alienated , but likewise the truth of religon does more pressingly urge it : the best means to secure and establish which , if any outward means will do it , is to allow the officers and min●sters thereof such advanges from the world , as that they prove not temptations to draw them aside to a disregard of their office , to pride , malice , covetousness , &c. and on the other hand may keep them from being burdensome to themselves by the straitness of their fortune , or to their neighbours for relief : i have known a minister , his wife and children maintained out of thirty pound a year , with that contentment to themselves , and with such esteem amongst their neighbours : that though other clergy men exceed him in wealth , yet he much exceeds them in the abundance of his enjoyments ; if they are before him in honour and large possessions ; he is much before them in happiness and content , which is the fulness that all things tend to administer . for these men whilst they teach others , are themselves yet to learn what it is to live well and happily ; it is not to have much or great things , which with their increase , increase the desires of them , and so there is no rest , and consequently no satisfaction : but it is to have a mind sufficient to it self , and well governed , making use of the present enjoyments , without anxiety for the future , and cutting off these restless desires in the bud , which if prosecuted serve only for a snare and torment , as heathens have observed : for a conclusion we shall propose these particulars . . from what has been said , it appears that christian religion is best upheld by small revenues in the ministers of it ; because its designe is to shake off all the outward things of this world. . thing , that no pomp or ceremony , no altar , no surplice , &c. are required in the christian religion : the reason is , religion being an internal work , and a change of the mind from outward things , and inconsistant therewith : to what purpose are these outward forms and ceremonies ? what reference have they ? unless it be to amuse the mind , and frame a beliefe in men that religion ( quite contrary to the nature of it ) consists in externalls , whereby ( to the destruction of religion ) the mind shall be drawn forth into external appearances , to cause it delight in that pomp and vanity which it should forsake ; and by this means it will be blinded so much , as not once to look within it self , but thinks all is well where there is nothing but rottenness and corruption . if you say that these externals are representations of the internal , work , and serve to lead us to them . i answer , it is a preposterous and indirect means ; for what is so near me as i am to my self ? and why cannont i descend into my own mind every moment , without taking that for an advantage which brings ruine with it ? as crosses , garments , &c. for ceremonies are not only needless , but mischeivous , cheating and blinding the world , whereby they let go the substance and embrace the shaddow . . ministers or bishops have no concern in publick affairs , or in secular jurisdiction ; their business is to press faith in christ , both in themselves and others ; to remove the corruption fallen upon mens minds : what duty then lyes upon them for secular business , or what claime have they to it ? the nature of their profession and doctrine does divest them thereof as much as is possible , being quite opposite to it ; forbidding even too much concerne for their private affairs in the world ; which shews that it is their extravagancy and degeneracy when they thrust themselves into publick imployment , which has such tendency to overcharge their minds with that which they should be altogether cleansed from , as we have before shewed . . it is almost needless here to say there is no such power of excommunication as is now in use , being made to uphold a lye and an unjust usurpation in secular affaires , to lacky after fees , and to serve the secular interest of the clergy : which according to the truth of their imployment is none at all ; we have shewed before , what this excommunication is : and certainly the true church as well as the government thereof being internal and spiritual , not external and secular , all the acts of its jurisdiction must be agreeable thereto . . that method of preaching , is a prejudice to the life and power of religion , wherein men set forth themselves by studied discourses , with ornaments of history , rhetorick , subtile disputations , nice distinctions , &c. for by these things the mind is taken up with things that are circumstantial and external , and thereby le ts slip those things that are internal and of nearer concernment , and therefore has a stamp of of the beast upon it ; tending to inhance the value of all other external things which men ought to deny , causing them to love and embrace what they should cast away , to desire more earnestly such things as they should be mortified unto ; and consequently they will run more swiftly then before to the pit of destruction , where antichrist and the false prophet is : so that at the end , these men are worse then at the beginning they might have been ; had they not been trained up in such a religion as this , and it were better for them not to have known the way of truth , then having known it , to make it the instrument of more enlarged wickedness ; and of going yet farther from god then at first . . the minister or bishop takes no honour to himself ; all that he is or hath , he hath received it , it is the purchase of the the blood of christ , exhibited according to the word in the second covenant to all that belive ; he seeks not reward nor laboureth for gain , having devested himself of worldly and outward things : he governs the people , ●e is set over , not with force but meekness ; he useth no means of compulsion , but draweth them gently ; he pretends not power over their wills , but an office to perswade , but if men will destroy themselves , he is guiltless , doing what is suitable to his office , to reclaime them , alwayes willing to help them , alwayes with open arms to receive such as come to the church , and restore such as are fallen , lamenting and praying for such whose miscarriages are from their own wills , and not in his power to help . . the last thing we observe from what is said before , is that it is impossible there should be any difference or sect in the christian religion ; and if you find any amongst them , say assuredly inimicus homo fecit hoc , it is a stranger to the truth a●d proceeds from some other cause . the reason is plain , for what occasion can be imagined of division or schisme amongst those who all conspire only in this , to keep their minds pure and clean from corruption , by faith in jesus christ , and in the power of that holy spirit , which is one in all of them : from which oneness divided through many members , there must needs be unity : but you will say , the present time testifies the division that is among christians . i answer , that such as are christians in pretence only , may divise a hundred more sects and parties : they are men that will inspite of the scriptures serve two masters , god and mammon ; the lord and baall . men who are christians by the halfes , that will serve the lord , yet not without a babel of their own setting up . in briefe , the presbyterians , independants , anabaptists , &c. will add to the scriptures something that is meerly of their own fancies , imagining the scripture to sound according to their prejudice and preconception , now if one man will set up one thing , and say this is according to scripture ; another man with the same reason may set up another thing of his own hatching and framing , and say the like , and so we may go on in infinitum : if the bishops say , such and such ceremonies are to be used in the church , seeming to them decent and according to scripture . the presbyterians are not obliged to think as they do , nor take the same measures of decency as they do , and therefore may claim priviledge as well as the other of a second constitution , which perhaps will not so well agree with independants ; and therefore with as much right may they set up a third , and so every man as his fancy leads him : in the mean time this difference is not in religion it self , but in the braines and fancies of men , that love to cloth and dress religion according to their own fashion ; and there cannot be a unity till men shall come to throw away all these their delightful imaginations , and return to the obedience of that spirit of life and truth , which proceedeth from the father and the son , and is only able to make us wise unto salvation . there is no unity but in this ; the occasion of our divisions , was by departing therefrom , and our returning to it , will be our advancement to our right minds , to live in unity , in love , in peace , in serving the lord our god with one heart , and one mind , rejoycing before him continually . now it should methinks shame these teachers of what denom nation soever , that set up a doctrine of their own framing though out of the litteral word ; if they consider , that after all their contrivances and designes , their study and labour , and spending so much sweat and words in the pulpit ; it is as impossible for them to make men believe , or holy , or powerful to resist the least temptation , as it was in the priests of baall after their bellowings and howlings to obtain the pure fire from heaven to consume the sacrifice ; and i wish they would no longer ( with them ) halt between two opinions ; but if god be to be worshiped , let him be only worshiped and entirely worshiped ; and made not only the object , but to fill all circumstances of his worship . thus i have endeavoured according to my talent to shew , with what plainness i could the nature of christian religion , and to preserve it from the mistakes it lyes under at this day , by episcopal government , and shewn that the necessity of the affairs of the nation conspire with religion to abolish it ; and let us understand the voice of god and what he requires , when he has thus hedged in our way , that we cannot divert to any other path , but with great detriment : he hath proclaimed the truth of his religion and worship , which he will no longer suffer to be opprest with unjust usurpation : if the government shall think good to interest themselves in his cause , it will be well for them , but if not , he will find other means and make way for the accomplishment of his will. and let not the bishops and their party say , that every dangerous change in the common-wealth , still makes them the first objects of the assault , and begins through their sides to ruine the common-wealth . for the thing is contrary , and he that will bring any reformation in church or state , must begin with them who generally have been the disturbers of both , and alwayes the strongest opposers of any thing that tended much to the benefit of either ; so that any thing that is good and truly profitable , must needs call for their removal , as its first step to advancement . how great the benefit would be of casting off the bishops courts , and that unsupportable yoke the subject is enslaved to by means thereof ; though all men are in some measure sensible , yet those only can fully understand who have felt the lash of it ; and i think , there is no man that considers the abominable corruption in those courts , that any thing is carried which way the man desires that gives the most money , that all such persons as are of any rank , or fortune , or esteem in the world are freed from the molestations of these courts , only such as are poor and have little , must have this addition to their misery , to maintain the credit of this unjust authority , by the expence of their time , and that little lively-hood they have ; whereby it is plainly to be seen , that they are not keept to rectifie disorders , or ill manners , as they pretend ; but purely for support of episcopal authority without any farther end , or which is worse , to grind the poor , and to rob such as are ready to starve . and after all that has been said , shall we imagine that the magistrate does ill to take away bishops lands , or is their any cause to doubt what he ought , or what is his duty to do in this case ; rather do not the rules of justice , and conscience oblidge him thereto , with the strongest obligation ; for what greater obligation can there happen to a magistrate than to honour his creatour , to obey him from whom he has received that trust he is invested with , and to take away all remainders of an unsavory idolatrous worship what can oblige him more then to procure the happiness and welfare of his subject in all cases , where it may be done with safely to himself and his government , with justice and piety , and without injury to any , ought he not in conscience to establish a harmony and concord amongst his people , tending to their peace and settlement and manifold satisfaction . ought he not like a good physitian , to take away that ill humour that has layne so long corroding upon their bowells : or is there any other or better means of laying a solid foundation of durable empire and undisturbed government , then in the prosperity and contentment of the people : do not all our laws and degrees of magistracy , and even civil society it self tend to this end ; is not this that bond that at first linked men into civility , made them reasonable and sociable , and void of this , they slide insensibly into confusion , and return to the savage nature of such as prey upon their own kind : for such is said to be the condition of our ancestors before they understood the benefit of concord , and usefulness of well ordered government ; which restrains injustice by laws , and gives life to whatever may benefit mankind . but i cannot think that barbarous age so bad , when force prevailed and strength of arme bore down all before it , when nothing could be called a mans own longer then the absence of a more puissant champion gave him leave to enjoy it ; when weakness and innocence was the greatest calamity and occasion and suffering continual insolences and outrages : when robbery and stealing gave a just title to all things a man could possess , and the security thereof lay only in the strength of possessour , if we compare these times with what has succeeded under episcopal jurisdiction , we shall find the same exorbitances , but perhaps more grievous coming upon the stage , the scene only altered ; since unrighteousness was established by a law , and backed with religion ; since piety and the fear of god was thought worthy the greatest punishment , innocence and humility the greatest guilt ; to open the mouth against vanity and wickedness was the greatest heresie : since men have acted lyes with applause , and deceit with honour and remuneration , professing christ , yet trampling him under their feet , renouncing the world , yet insatiable in their desires after it , pretending humility , yet insulting over the greatest princes : encouraging a contempt of the almighty their creatour and redeemer , filling their coffers by indulgences and pardons thereof , and in the mean time the violation of the least punctilio enjoyned by them , must be worthy of death : i could enlarge upon these things , but why should i do it : to thee , o lord vengeance belongeth : shew thy self , o god of our salvation . there are two things more ( which are wanting ) to give us a vigorous and lasting health ? one is the regulating the laws , and the abuses of the numerous pretenders to it . for the first , in my apprehension , it were necessary that the beginning of every kings reigne , should be accompanied with a cleansing , digesting and gompiling a certain perfect body of the law , that it might be something certain , and that it might not be lyable to the quirkes and fallacies of so many busie deceivers , and also that it may be brought as near as may be to the present genius and humour of men , by that means that we be not governed by an antique humour , as we would not be clothed in their fashion . to regulate the abuses therein , and hinder multiplicity of suites ; the means may be to appoint arbitrations , that no suit shall be in any of the kings courts under a hundred pounds : but that the parties at variance for any value under that , be made to chuse each his arbitratour , and to enter into bond , to approve the arbitrators shall determine , only this bond in case covenants be not performed , to be brought into the higher courts and sentence strictly passed thereupon ; also in case one party refuse this arbitration , that then the other proceed in the kings court , and that the refuser be proceeded against upon evidence given , as non-suited . some such effectal application the corruption of judicature and increase of law suites do seem to require . the benefits whereof will be , . that people shall in a manner decide themselves their disagreements , it being done by those whom themselves chuse . . the case may be more fully known , being near the place and justice more exactly rendered by that means . . it saves great expences and long journeys . . it may be a means that men run not out of their estates by long suits . . it may keep a good ballance of money in the pockets of meaner men , which tends to the advancement of trade , and so lawyers may be prevented of drawing too much thereof into their pockets , where it is either useless to the publick , or manifestly prejudicial by usury and exaction . likewise it were highly requisite the universities were looked into , which are become seminaries of debauchery , rather then good learning or good manners to the nation . they have too great a temptation to debauchery from the too large beneficence of their founders , which would be retrenched , and part of the revenues , and also of their colledges better setled , upon another designe viz. for maintaining professors in all manner of gentile heroick exercises , that young gentlemen may not only know arts and sciences , but also to fence , ride , marshall an army and the like ; continual reading flats and deads the mind , makes it unfit for action : but this exercise will whet and inlarge it , and make men capable of being imployed in the common-wealth , and i perswade my self that these two being conjoyned , reading and exercise would make a wise active people . it were advisable that tutours trouble not their pupills with an uncertain and pedantick philosophy , and with the fabulous and futilous authors of hethenisme . but rather wi●h history , sacred and profane : mathematicks , sacred philology ; languages , policy , &c. but above all to instruct them in religion and matters of the bible , and of salvation . the difference of habit in their degrees , serve to puff them up , and cause them to carry a magisterial pride throughout their lives , every little adds to a mind already corrupted . for a conclusion , let politicians enquire whether it be safe and requisite in a common-wealth to allow of two authorities and two distinct orders of government in the same body politick , i suppose they will find it noxious , if the consider that the stability and perpetuity of a common wealth depends upon its oneness or unity , which is like the straight line of the mathematicians , the foundation of all other their operations ; now this oneness is so near the foundation of a common-wealth , that any receding from it , most needs have a dangerous influence upon the whole fabrick , being a weakning and loosning the foundations ; and the effects must follow that a violent push of storm and wind will through this defect endanger its overthrow : for this episcopal government being established upon on different principles and different interest to the rest of the government , with another authority then that of the supream authority , it will follow , that though it may agree well for a time in subordination to the supream authority , yet there is a gap open for division , which will not be without its evil effects ; when any unusual accident shall happen in the common-wealth to its disturbance ; thus we know by vertue of this authority , and from this principle of division in the government , our kings to have been thrown off , the whole kingdom disturbed and made feudatary to a forreigne authority , as in king john : in those times it played with its batteries upon our kings , but since the reformation it has turned the engines of malice upon the people , and cause them to begin a war. in briefe , episcopacy being a government of it self , distinct from the supream and lawful authority , without any just title or pretensions ( all which come within the verge of the civil magistrate ) it must needs ( to support it self , for it cannot be idle ) trouble the waters that it may have the better fishing : if you say it is necessary for maintaining religion , the answer is , i have shewed before that religion needs no such supports : and further , that the first instituters of our religion , never used nor claimed any such authority , but with the greatest submission yeilded to the secular power in all things . the christian religion tends to benefit mankind with all good things temporal and eternal ; it is perfect goodness and perfect unity , and it is impossible a principle of division should proceed from it : and therefore , those divisions in common-wealths can proceed from no other cause then the author of division , who having at first separated from the holy god , makes it his business to fill all things with the effects of that division . but you will say , the church under christ and his apostles was persecuted and hated . the answer is , that the tempter made the first proffer , the kingdoms of the earth , and the glories of them , to our saviour if he would fall down and worship him , which our saviour refusing to do and his apostles ; he was forced to keep them till he met such as admiring the beguiling temptation ; would submit to the condition . but politicians will tell us , that all mutation in government goes not unaccompanied with danger ; to which we may answer : that this happens when circumstantials are changed for other circumstantialls , as i may call them : as the danger is nothing so much in taking away any thing in a common-wealth that is superfluous , but in the bringing in a thing superfluous . ( thus the taking away the ceremonies in scotland at the reformation , was without any great noise , but the obtruding a new lyturgy was not without tumult and war ; the like we have seen in england , the pulling down of abbies and monasteryes in the time of henry the th . and alienating the lands of the church , was done with safety and silence enough : but the practises of bringing in new ceremonies in the time of charles the first , was followed with a bloody war , & wonderful change of affairs , whereas the contrary acts were a kind of stability to the kings throne ; and generally it may be observed throughout europe in france , germany , and other places that the reformation , and taking away what was superfluous in the government , was not only done peaceably , but also without the least change of government , only perhaps it was better secured thereby ; whereas all attempts of bringing in , or re-establishing those futilous ceremonies and devices , were alwayes accompanied with long and bloody wars . ) or when a part of the government is changed , and something put into the room of it of a different nature . . not when circumstantials are abolished without addition or substitution of others . . not when it is to the gust and liking of the greatest part of the nation . . nor when it is recompensed with great advantage to all the people . and besides , let us consider what henry the th . has done in this kind , being in far worse circumstances , and in much more dangerous condition then we are : as first very potent adversaries abroad , the pope , the emperour , the king of spain . . this whole nation had sat down a long time under that beliefe which he opposed , and sucked it in with their milk , that this change must needs appear monstrous and formidable ; which would not only bring a change upon the outward condition of the nation , but mens minds also : they must change those thoughts and opinions which were almost as natural to them , as the aire they breathed in : whereas in our condition , there is nothing to be feared upon this account from a forreigne enemy : neither shall we have need oppose any preconceptions , or row against the tide of the common sentiments of the nation : add to this the benefit we may reap by it , whereas the former reformation was effected by a bare preheminence of power and dominion : and so looked something like tyranny . farther , we want not instances in the churches of the reformation that were in bohemia and those parts , how a christian church may most fully agree with a submission of all external jurisdiction to the magistrate , and live in excellent harmony with the common-wealth , of which they are members , their interest ( not differing therefrom as in the episcopacy ) but bound up in all things that concerne the external government with it . which is done , . by giving them a competent maintenance equally divided to all . . let them chuse one of the most sober and wise amongst them ( for such a time ) to have the inspection over them and the affairs of the church . . in their confistories or publick meetings , let a secular imployed by the king be alwayes present . . to see they meddle not with state affairs . . to provide that no dammage redound to the publick by heates or controversies . thus shall we have a truer and more perfect religion , a surer foundation of peace , a firmer establishment of government , and lasting support of unity and commerce in all degrees amongst us , now the author all blessings , publick and private , grant us grace to open our eyes , that we may see the things that belong to our peace , which is thus conjoyned with the honour of his name ; and let him that is as great in power as goodness , strengthen our hearts and our hands , that all of us may confer our assistance to the pulling down that great babylon of rome , and this of our own nation , which are as well a dishonour to him , as the obstacles of our peace finis . errata . page . line . read at another , p. . l. . r. substituted , p. . l. . r. or thus : in , and l. . for and r. but , p. . l. . for and r. that p. . l. . r. recovery , p. . l. . r. care disbursed , l. . r. imployed , p. . l. . r. is right , p. . l. . r. things concerning , l. . r. receding there with p. . l. . r. last , abused , l. . r , be adhered to , l. . r. wives and child , p. . l. . r. feeing , p. . l. . r. clothed , l. . thereby men may be somewhat , p. . l. . r. that they ask in faith : of which , if l. . r. but thus , p. . l. . r. will not be , p. . l. . leave , as , l. . r. best title to take , l. . r. in the prac. p. . l. . r. safety . notes, typically marginal, from the original text notes for div a -e * this will bring on such a council as that of tr. to establish such exorbitances by a law. it is common-wealth in a common-wealth explained by the general consent of all politicians . there is no kingdom in europe that has not some time or other tasted the ill effects of it . an order from the house of commons unto the sheriffes of each county respectively, for their true collection of the foure subsidies, and the other two subsidies to be payd accordingly. die veneris . martij. . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an order from the house of commons unto the sheriffes of each county respectively, for their true collection of the foure subsidies, and the other two subsidies to be payd accordingly. die veneris . martij. . england and wales. parliament. house of commons. england and wales. parliament. house of commons. sheet ([ ] p.) printed for william gay, london : . ordered march that the order march be printed. order march: that the knights and burgesses write to their sheriffs to warn all collectors of the four subsidies to perfect their accounts by the beginning of the next term. -- steele. with engraving of royal seal at head of document. reproduction of the original in the british library. eng taxation -- great britain -- early works to . a r (thomason .f. [ ]). civilwar no an order from the house of commons unto the sheriffes of each county respectively, for their true collection of the foure subsidies, and the england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms an order from the house of commons vnto the sheriffes of each county respectively , for their true collection of the foure subsidies , and the other two subsidies to be payd accordingly . die veneris . martij . . it is this day ordered upon the question by the house of commons . that the knights and burgesses of every county , be injoyned to write unto the sheriffes of their respective counties , that they warne all collectors of the foure subsidies , who have not yet perfected their accompts , that they come and perfect their accompts by the beginning of the next terme , and that all other collectors of the two last subsidies make their accompts also , by the latter end of the next terme , as they will answer their neglect therein to this house . h. elsynge cler. parl. d. com. die lunae . martij . it is this day ordered by the commons now assembled in parliament that this order be forthwith published in print . h. elsynge . london , printed for william gay . . an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers, appointed, or to be appointed. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers, appointed, or to be appointed. england and wales. parliament. sheet ([ ] p.) december . printed for john wright in the old-bailey, [london] : . place of publication from wing. dated at head: die sabbathi, . decemb. . signed: john browne, cler. parliamentorum. reproduction of the original in the british library. eng taxation -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the several england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers , appointed , or to be appointed . die sabbathi , . decemb. . whereas diverse mannors , lands , tenements and hereditaments of papists , delinquents , and ill affected persons in diverse counties , cities , and places within this realm of england , dominion of wales , and port and towne of barwicke , by ordinances of parliament , are , and others hereafter may be sequestred , out of which there are sundry fee-farme rents , farme rents , and other payments due to his majesty , the queen , and prince ▪ and whereas the lords and commons in this present parliament assembled , upon the one and twentieth of september last , passed an ordinance for the siezing upon , and receiving for the use of his majesty and the common-wealth , all his majesties ▪ the queene and princes revenues , of what nature or quality soever , certaine , or casuall , within the said realme of england , dominion of wales , and ports and town of barwick , together with all the arrears thereof , and all debts any way due to his majesty , the queene or prince . and to the end that all distractions & confusions of accounts may be avoyded and prevented , and that there may be kept an exact & distinct account of all his majesties , the queene and princes revenues , or summes of money which have bin , or shall be leavied or received by ordinance of this present parliament , the said lords and commons therefore doe declare , and ordeine , and be it ordeined by the authority of the same , that all and every the rents , summes of money , and other duties any way due to his majesty , the queene or prince , chargeable upon or issuing forth of any the mannors , lands , tenements or hereditaments , that are or shall bee sequestred as aforesaid , together with all the arreares thereof , shall be from time to time paid and delivered to the severall receivers , that are , or shall be thereunto appointed by the said ordinance of parliament , of the of september last , or the committee for the revenue , within the severall counties , cities or places aforesaid : and the said lords and commons doe further declare , ordeine , and command , that all and every the committees of sequestrations in the severall counties , cities , and places aforesaid , and all treasurers and collectors , and all others whom it may concerne , that they give obedience , and conforme themselves to this present ordinance , and out of the moneyes raised , or arising of all , every , or any of the said sequestred mannors , lands , tenements , or hereditaments , they forthwith , and so hereafter from time to time , doe pay the said severall rents , and sums of money , which are , or shall be due out of the same , unto his majesty , the queene or prince , unto the said severall and respective receivers within the severall counties , cities and places aforesaid , whose severall and respective acquittance or acquittances shall be a sufficient discharge to the severall sequestrators , treasurers , collectors , and all others , for such sums of money , as they , or any of them shall pay according to the direction of the ordinance . john browne , cler. parliamentorum . december . printed for john wright in the old-bailey ▪ . the order of equalitie contriued and diuulged as a generall directorie for common sessements. seruing for the indifferent defraying, taxing, and rating of common impositions and charges, lyable to citties, townes, or villages, that they may be done in some equall and proportionable order, for the benefit of the common-wealth. very necessarie for all persons, to whome the execution and apprehension of this businesse appertaine. gibbon, charles, fl. - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the order of equalitie contriued and diuulged as a generall directorie for common sessements. seruing for the indifferent defraying, taxing, and rating of common impositions and charges, lyable to citties, townes, or villages, that they may be done in some equall and proportionable order, for the benefit of the common-wealth. very necessarie for all persons, to whome the execution and apprehension of this businesse appertaine. gibbon, charles, fl. - . [ ], p. printed by iohn legat, printer to the vniversitie of cambridge, . and are to be sold at the signe of the crowne in pauls churchyard [london] by simon waterson, [cambridge] : [ ] place of publication from stc. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the order of eqvalitie . contriued and diuulged as a generall directorie for common sessements . seruing for the indifferent defraying , taxing , and rating of common impositions and charges , lyable to citties , townes , or villages , that they may be done in some equall and proportionable order , for the benefit of the common-wealth . very necessarie for all persons , to whome the execution and apprehension of this businesse appertaine . . corinth . . . let all things be done honestly and by order . hinc . lvcem . et . pocvla . sacra alma mater canta brigia printed by iohn legat , printer to the vniversitie of cambridge , . and are to be sold at the signe of the crowne in pauls churchyard by simon waterson . to all ivdiciall and indifferent readers . it was no meruaile that the heathen man xenophon willed euerie one aequalitatem colere , to honour equalitie , seeing it serueth so much to the commending of a ciuill life , to the managing of common affaires , to the conseruing of popular vnitie , which is so excellent in comparison , so generall in comprehension , so necessarie in all actions , that no common wealth can doe well without it : yet such is the error of this age , that more are readie to confesse then to expresse this equalitie in any of their actions . there is no common weale can flourish without imposition of charges : for they are as necessarie , saith plato , as arteries or sinewes to the bodie , but inequalitie in the sessing and rating of these charges is but an enemie to a commonwealth : for they are as ill as prickes or thornes to the bodie , euerie one is willing to beare charge respectiuely to his portion , but who can indure to be surcharged in no equall proportion to others ? there is a fit instance in one aemilius appliable to this purpose ; who beeing complained of vnto tyberius caesar for vnequall taxations he imposed vpon the people , t. caesar returned this answer , se tondere velle suas oues non deglubere , that he would haue him to sheare his sheepe , but not to flea them . bruson : this saying is worthy to be obserued of all sessors , to deale indifferently without extremitie , and equally without partialitie in common wealth cases : seeing vnequall rates vnder the title of vnrighteousnesse is said to be abhomination , as well as vniust weights and measures , deut. . . as sinne is aggrauated by circumstances , so is that iniquitie of inequalitie : for to deale vnequally in priuate callings , is not tollerable , but to vse inequalitie in publike cases is farre more detestable , because the iniurie is more generall , as the schoolemen say , quanto iniquitas in plures extenditur tanto grauius peccat , the sinne is the greater the more it is extended and dispersed : and therefore such as are taken therein tardie , ipso facto , in the deede doing , or , as the civilians tearme it , in flagr●nti crimine , in the apparent fault , are to be punished exempli causa , if it were but for example sake , that i● might restraine the rest , according to the old canon , vt vnius poena metus fit multorum , that the punishment of one might be a terror to many ; and to this ende s. paul saith , them that sinne rebuke openly , that the rest also may feare , . tim. . . for amongst many sinners some must be made examples . there is no man doubtes but that inequalitie hath some intercourse and continuall current in common sessments , some that cannot see into it , suffer it , others that are fauoured in it , wincke at it , those that are wronged in it , murmure at it , howsoeuer it be , they must with patience take this pill of virgill omnis fortuna superanda ferendo , learne to suffer that they cannot remedie . for this cause hauing some obiectes of inequalities offered to my eyes , i could not forbeare my pen without impietie , considering that mellifluous father saith , est consentire silere cum arguere possis , to be secret where one may say something is a sinne in consent , and to conceale veritie est aurum sepelire is no better then to burie gould , as enagrius saith . i spleane no mans person but his vnequall proceedings , i inuey not against common impositions and charges , but against vnequall proportion in the taxing , i ayme not at any one man ; because i speaks generally to all , and it is a principle in all artes , he that speakes generallie speakes to none ▪ when dauid heard the generall report of the parable ; the delinquent ( saith he ) shall die the death ; he litle thought it concerned himselfe , vntill nathan told him he was the man. when iudah heard the common clamor against thamar ; let her be burnt , saith he , he did not suspect himselfe to be criminall , vntill thamar shewed him his ring , his cloke and his staffe . gen. . so by these examples we may perceiue , that generall speeches can detect none vnlesse he be named , though they may touch any if they be tainted with guilt . such as be galled may take reformation by this and conceale it : for i cannot saie he is the man ; such as be not guiltie may take information by this , to continue so ; for it is rare to see such a man , notwithstanding it is pittie that so common an euill as inequalitie which by custome is made no sinne ▪ should be test vp and downe from one to an other like a tennys ball , and passe without any check or reproofe : the fowles of the aire will bewray . eccles. . . the stones in the wall will crie out . haba . . . nay the very dumb beast will speake rather then sinne should passe vnreprooued . . pet. . . the greatest workes are sometime wrought by the weakest instruments , as goliah was slaine by à litle stone with á slinge , when no cumbatant durst incounter with him , and as the elephant is said to be afrighted at the grunting of à pigge , so men may sometime be terrified and reclamed by mere trifles , and made true penitentes by the dash of à penne , as peter was stroke with sorrowe at the crowing of the cocke . i desire nothing but that my penne may be as à pricke to the hartes of the guiltie to see their faults , and that my praier may be as à meane to haue their hartes opēed with lydia to amend their faults : so god shall be much glorified by their conuersion , the agents more esteemed by their actions , and the author well satisfied for his paines . c. gibbon . the contents or cheife heads handled in this treatise , as the same are distributed into . chapters . of the signification and sundrie acceptions of the word equalitie . of the excellencie of equalitie . of the generalitie of equalitie . of the necessitie of equalitie . what equalitie is , as it extendeth to common impositions and charges . what charge signifieth , that they must be necessarie , with description of such necessarie charges . what is meant by imposition of charge , and wherein they differ from voluntarie charges . of equall proportion , how it is to be taken , properly , comparatiuely , and respectiuely , and that euerie one is to be rated properly in some equalitie to his abilitie , according to nationall customes . that euery one is to be taxed comparatiuely in some equall proportion agreeable to generall taxations . that euery one is to be charged respectiuely , according to the qualitie of the sessement , whether it be lands or goods . the probable causes and coniectures why men are so vnequally rated in common impositions and charges repugnant to generall proportions . what persons are lyable and ought to be taxed towards common impositions and charges . the order of equalitie . chap. . of the signification and sundrie acceptions of the word equalitie . eqvall is not vnfitly deriued of aequus right or iust , to signifie that there can be no equitie without equalitie , in this sense it is taken in the scripture , doe that which is iust and equall collos . . . which wordes are but voces cōuertibiles : for the copulatiue ( and ) doth shew that they accord in sense though they differ in sound , and that like relatiues one cannot be well without an other . to be equall , doth import asmuch as to be euen , it is so accepted in gen. . . where iudah perceiuing the dignitie & deportment of his brother ioseph , said by way of insinuation to him , thou art euen as pharaoh , intending thereby that he was equall in authoritie to him , as it is well quoted in the marginall note thereupon . it is common amongst the latines as they terme it euphoniae gratia for the better sound to contract two wordes into one , as for equall qualitie , to saie aequalitas , and for equall abilitie to saie aequabilitas , which wordes although they be confounded in our common speech and are taken promiscuè one for an other , yet they somewhat dissent in signification . equalitie is so called of aequali qualitate of equall qualitie ; because it hath speciall reference to qualities and conditions , and therefore the word is taken sometime for vnitie , sometime for paritie or likenes . equalitie is taken for vnitie , when many are of one mutuall consent , they are said to be monanthropos , one man , as it was said of the israelites in iudg. . . they were knit together as one man , & so in affections , when many are of mutuall mindes they are said to be vnaenimi , knit together in one minde as the apostle phraiseth it . . cor. . . according to that which is said of the beleeuing companie in the acts. . . they were of one heart and of one soule . equalitie is sometime taken for à paritie or likenes : when the apostle would haue vs to be equally affected , he willeth vs to be like minded one to another . rom. . . & not to beare the proud mind of the insulting pharise to saie , i am not like others , or the ambitious mind of pompey to admit none to be his equall , but as we are taught to make our selues equall to them of the lower sort , rom. . . ( not in titles and degrees as some vrge equalitie , or in possessions or goodes as many pretend community where god hath put à difference ) but in lowlines of mind , as one commentes vpon that place , by imitating him which saith , learne of me i am meeke and lowly : math. . . equabilitie is so called of aequali habilitate , of equall abilitie ; because it doth most properly extend to abilities by the naturall etymologie of the word . what ability & non-abilitie is in our common lawes , i will omit , but in the scriptures it is most commonly takē for à temporall state of liuing , to signifie that as there ought to be an vnity in profession , an vnanimitie in affection , a sympathy in affliction , so there ought to be an equalitie in outward affaires , that where mē are of equabilitie or equall value in abilitie , they should be equiualent in all good actions ; both by the prescript rule of god. let euery one minister according to his abilitie . . pet . . and by president in the godly , we according to our abilities doe . neh. . . thus in some transparent sort i haue giuen some light and introduction to the matter : for by the sundry acceptions of the word you may see that to be euen , all one , equall , & like , are but synonomies or wordes of like sense and signification , and by the deriuation of the word you may perceiue the signification of the subiect : for as in the beginning adam gaue names agreeable to the nature of euery creature , so in the first inuention of wordes etymologicians gaue denomination according to the significatiō of euery word , which might be deriued from some language by exquisite linguistes , although now where we want reason to deriue a word , we are inforced to call it primitiue . for as much as this is no probleme or disputable question to controuert , before i enter into the definition and diuision of this subiect , i will first ( omitting the order of disputants ) illustrate and set forth the excellencie , generalitie , and necessitie thereof , that it may appeare to be a fit argument for this age , as an instigation to mooue euery one to make more care and conscience of equalitie in all their actions . chap. . of the excellencie of equalitie . to beginne with him , who gaue beginning to all , and yet is without beginning himselfe , if we enter into that metaphysicall and diuine misterie of the deitie , there appeares to be an apparent vnion of equalitie : for though there be a trinitie in persōs , there is an vnitie and equalitie in godhead , although the father is said to be greater , ioh. . . then the sonne , as he was man. in the first creation of man , he was a kind of microcosme or little world , not because he is circular or sphericall , as the philosophers hold , but for that there was some likenesse and similitude of the creator resplendent in the creature , for it is said , let vs make man to our owne image and likenesse : behold ( saith god ) the man is become as one of vs , gen. . . yet none must hereby thinke himselfe equall to god as tyrus did , ezech. . . least he become a beast , as nabuchadnezzar was : for god can indure no equall vpon earth , to whome will you compare or make me equall ? saith god , isaiah , . . in the redemption of mankind , he which was deified and equall with god , did vouchsafe to be homified , by assuming vpon him , the very flesh and forme of man , by participating with man in eating , drinking , sleeping , talking , walking , beeing passible as man , in hungring , thirsting , watching , weeping ; in a word , he was equall to man in all things sauing sinne , as ioseph was to pharaoh , sauing the scepter . in the dignifying of man , god did not onely impart to him his owne image in puritie of minde , and impose humane shape in habite of his person , but he doeth further grace and adorne him with his owne equall titles , by tearming of him a god , est animata imago dei , as one saith , he is the liuely image of god : for as lactantius saith , though he be but a man before god , yet he is a god amongest men : it was this that made the egyptians affirme that man was a terrestriall god ; but yet least he should haue too sublimious a conceit of his singularitie , it is not amisse to remember what the cynicall person said to alexander , though he were a god vpon earth , yet he was but a god of earth ; and as the phoenix beeing bred of ashes doth burne to ashes , so he beeing made of earth must yeild to earth . in the dissolution of man , god doeth still grace him with his small glorie : for if he dieth well , he will deuide his glorie to him : haman thought it was the greatest honour to man in this life , to haue the kings royall apparrell put vpon him ; to ride vpon his owne horse , and to haue his crowne set vpon his head , ester , . . then howe great glorie is it to man in the life to come , to be made like him that is most glorious ? . ioh. . . to sit vpon the throne with him that shall iudge vs ? apoc. . . & to be partaker both of a crowne and a kingdome ? in the taking of eue from adam there is shewed a coequalitie betweene man and woman ; for they were equall euery way vntill the sinne made man her superiour , and therefore subiection was one part of her punishment , as may appeare in gen. . . in the estates of men although they be different in respect of prosperitie and pouertie , yet god hath shewed therein an excellent patterne of parilitie : for if he had made all rich , one would not care for another ▪ if all poore , one could not helpe another ; so that rich and poore haue neede one of another , . cor. . . in the regiment of a common wealth , god hath ordained equalitie amongst many vnequalls : for if all were rulers , then it were monstrous , for one head is enough for one bodie , as one sunne is sufficient for the whole world . if there were no ruler , then were it confused , as it is said of the israelites when they were without a king , euery man did that which was good in his owne eies , iudg. . . for in extremities it is better to haue a tyrant ( as the heathen man saith ) then no ruler : and therefore for one to rule and the rest to obey is the onely square of equalitie . what should i speake more of equalitie ? seeing it is of such excellencie that the very ethnickes did honour equalitie , because it doeth combine the good with the good , saith xenophon , and doth conserue cities in tranquilitie , saith aristotle , . polit . whereas inequalitie is said to be seditionis seminarium , the verie seed of sedition , as plutarke tearms it . to end all with this epiphonema , seeing equalitie is deitatis idea , the expresse idea of the indiuisible deitie in heauen , and vnitatis causa , the instrumentall cause of vniuersall vnitie vpon earth , what is of greater excellencie then equalitie ? chap. . of the generalitie of equalitie . in the olde lawe lex talionis was ordained to no other ende , but that an euill action might haue an equall punishment , as an eie for an eie , a tooth for a tooth , life for life ; the validitie of which lawe is in some cases yet recent amongst vs : for by our positiue lawe , he that of malice prepensed taketh away another mans life , looseth his owne life . it is commonly seene in this life that where the parents care not howe they gather their goods togither with the rake , the children care not howe they cast them abroad with the forke , so that olde saying is iustly verified , goods euill gotten are euill spent . hemingius reports a thing of his owne experience , of one that was capax , rapax , and tenax in getting of his goods by oppression , he afterward left them to his children , who plaid the prodigal sonnes , and went vp and downe a begging : so true it is , ex male quaesitis non gaudet tertius haeres , that the third heire shall neuer come to inioy them ▪ such therefore as by extorting and griping make a gaine , should doe well to remember non male lucreris , mala lucra aequalia damna , that their euill lucre will haue equall losse , sometime or other . it is a generall note in the scriptures , that malum culpae and malum poenae haue commonly concourse togither in some equall proportion betweene the malefactor and the misdeede , according to that olde verse , qualia vir faciet tali quoque fine peribit , that which a man practiseth to others , he shall perish by himselfe ; whereof there are many examples in the scriptures . pharaoh caused the children to be cast into the riuer , he himselfe was ouercome in the red sea . haman made a gallowes to hang mordecai , he himselfe was hanged on the same gallowes : the rulers caused daniel to be cast into the denne of lyons , they themselues were deuoured with the lyons . adoni-bezek did cut of the thumbs and the feete of seauentie kings , he himselfe had his thumbes and feete cut off by others , iudg. . . the prodigall sonne because he liued in filthinesse like a swine , he did afterward eate huskes with the swine . it is the iudgment of the almightie in the life to come , to inflict equall punishment according to the qualitie of the delinquent , and that may be probably collected out of esay , . . where it is said , iudgement will i lay to the rule , and righteousnes to the ballance . by the rule is vnderstood the euen measure that shall be betweene the partie and the punishment : and by the ballance is signified , the equal weight that shall be betweene the torment and the sinner , according to that saying in the apocalyps , . . for as much as shee ( meaning the babylonian whore ) hath glorified her selfe , and liued in pleasure , so much giue her torment and sorrowe . we read that diues because he would not giue lazarus a crumme of bread to quench his hunger vpon earth , he himselfe could not haue a droppe of water to coole his tongue in hell . to come to a more generall and vniuersall instance of equalitie , though pompey would suffer none to be his superior amongest men , though tyrus affirmed that he was a god , ezech . . . though nabuchadnezzar exalted himselfe aboue god , though kings are as gods vpon earth ; yet howesoeuer men differ in humors and affections , or in degrees or dignities in this world , if they come to this memento , to consider in man , that his creation is of earth , his dissolution is to earth , his resurrection is from earth ; may not euery one say , he is conceiued in sinne with dauid ? he is a miserable sinner with the publican ? he is the greatest sinner with paul ? . tim. . . is not god father to vs all by faith ? sauiour to vs all by grace ? then what doth this intimate vnto vs all , but a generall equalitie in state and condition . when we shall all be arraigned before that great iudge of that high star-chamber in heauen , when the tares must be taken from the wheat , and the goates seperated from the sheepe , and this generall eccho shall sound in the eares of al ite , venite , what other difference shall be there then this ? such as haue wrought in the vineyard shall haue all one price , and such as haue no oyle in their lampes shall haue all one punishment , that is such as haue done well shall be coheires in heauen , and such as haue done ill shall be copartners in hell , whether they be emperous , kinges , keysers , beggers , without exception of any : for god will deale equally without respect of persons . the generality of equality is so copious that they are not to be contained in a nut shell like homers iliades , but they would rather require a large tome then a short tractat : i will therefore refer you to the particulers in the next chapter for further illustration hereof . chap. . of the necessitie of equalite . in naturall causes , by the opinion of naturalists , if all partes & members of the bodie be not proportionable and equall , there cannot be that perfect symmetry which is required in nature , and therefore such as be of goodly partes and lyneamentes of body doe carrie a king of encomion in the scriptures : it is said of saul , that he was a goodly yong man , . sam. . . and of dauid , that he was a comlie person . sam. . , and of christ , that he was of a meane composition and stature , as publius lentulus reporteth : the poet giueth a reason hereof , gratior est pulchro veniens è corpore virtus , those gifts are more gracious that proceede from a comly person : for oftentimes a deformed bodie doth argue a deformed mind , and therefore aristotle in his booke of gouernmēt would haue cōly mē called to office & not mishapē & deformed ; for which cause such as had a blēish might not ēter the order of preisthood by the old lawe . and by the ciuill lawe this composition and habitude of bodie is so estimable , that it alloweth the sonne an action of the cause against him that shall deface the portract of his father . in the constitution and state of mans bodie good proportion and equalitie of humors and qualities causeth health , and therefore health is defined by the philosphers to be nothing els but a well proportioned vnion of many humors together : for where one qualitie and humor doth exceede another , they are the very symptoms of some naturall defect by iudgment of physitions . in aeconomicall matters if that cōiugiall bond betweene man and woman be not equall , the coniunction is inconuenient : if parties dissent in religion , then will follow prophanes of life : as salomon was drawne to idolatrie by marrying of strange women : and therefore the apostle saith , be not vnequally yoked , . cor. . . if they differ in lynage , then there will be vpbrayding by birth : it was this that made dauid say , seeme● it a light thing to marry a kings daughter , seeing i am a poore man and of small reputation . . sam. . , therefore plutarke saith , marry a wife of thine owne degree . if they disagree in conditions and manners , then will be nothing but contentions and malice : hereof one saith there is ill agreement in that house in qua gallina eantat , gallus tacet : where the hen doth crowe , and the cocke holds his peace , alluding to that saying in the prouerbs . . a continuall dropping in the day of rayne and a contentious woman are alike . if they vary much in yeares then their braynes will be busied with ielousie and they shall be constrained to exclame with terence o me miserum duxi vxorem that he was miserable by marrying a wife : for age and youth are as repugnant in qualitie as frost & fyre . so that from hence euery one may learne to make equall election in nuptials , & to indeuour to match with a meete wife , as god made adam a meete helper : for as bordes if they be not euen ioyned can neuer hold : so men and women if they be not equally ioyned can neuer agree , and therefore remember that poeticall verse of ouid siqua voles aptè nubere , nube pari , if thou willt fitly marrie , marrie thy equall . in families where there is no equality vsed by masters to seruants , there is meere tyranny : hereof it is said , giue to your seruants that which is iust and equall . col. . . that is aequabilitatem legis analogicè as aristotle termeth it : it is not so to be interpreted that masters should make themselues equall to their seruants in condition and degree , but sub hoc nomine , as marlorat noteth , is vnderstood the humanity , clemency , and gentle intreating masters ought , to vse , without too much rigor : leu. . . for albeit they are masters amongest men , yet they are but seruants before god , who seeth the dooings of all , because he is cheife master of all : and earthly masters can in nothing more liuelie represent their heauenly master , then in shewing of mercy . in politicall causes , in all contractes , if there be not some analogie and equall proportion in the price betweene the venditor and the emptor , it is no better then oppression , therefore abraham when he should purchase the field of ephron gaue him the value of it ; gen. . . and melancthō saith ex naturali aequalitate nemo locupletetur cum alterius iniuria , euen frō natural equalitie or iustice there is no reason why one man should inrich himselfe by hindering of an other : mel. in lib. definit . appellat . in partition of possessions there is meere iniury without equality , and therefore the ordinance of lottes were vsed to that end in causes ciuill and diuisorie : and it was this that made the copartener come to christ to haue him deuide the inheritance betweene the two brethren , for no other end , but that the partition might be equall : as bullinger obserueth in his decades : or ad iustam patrimonij diuisionem for a iust diuision , as aretius interpreteth that place in luke . . . in buying and selling , if the weights and measures be not iust and equall , it is abhominable before god deut ; . & punishable by the lawes of men : for as chytraeus saith aequalitas precij & mercis seruanda est equalitie must be vsed aswell in the price as the ware , least it be said of such as the prophet reporteth ; there is like buyer and like sellar ▪ esa . . . in military affaires , where the aduersaries be not equall , the conflict is dangerous : when ioshua sent thirty thousand men to incounter with the citizens of ai , the citie was soone sacked , because the enemies were not equall . in duell , where combatantes be not equall , the inconuenience is great : what was dauid to deale with goliah , if god had not assisted him ? ne hercules cōtra duos : he must be a strong man that is able to withstand two . in spirituall warfare , where the enemies exceede , how doe they insult ouer the spirit ? in what case was iob , when he saith , he was assaulted with whole armies of sorrowes ? iob. . . in musick , where there is no equall proportion of soundes there can be no perfect symphonie . in arithmeticke , without the vse of equall nombers there can be no exact computation . in architecture , where there is no equall proportion in the worke , it can be no exquisite building . doe we not see by experience , that in vegetatiue creatures , where trees are vnequally planted in the orchyard , they neuer prosper well ? that in sensitiue creatures , where oxen are vnequally yoked in the plough , they neuer draw well ? that in senseles creatures , where stones are vnequally laid in masonrie , they neuer couch well ? then much lesse among rationall creatures can there be any concordance without the vse of equalitie . to conclude , let this suffice , that all lawes , all creatures in their kind , yea all artes and sciences for the most part are ordained and doe aime at this ende , to reduce thinges to a generall vniformitie and equalitie . chap. . what equalitie is . if i should discourse of equalitie according to the curious definitions and diuisions of philosophers , as they controuert their aequaliae and inaequalia in logicall manner , it were tedious and friuolous ; seeing my purpose is summarily to intreat only of that equalitie which tendeth to the taxing and rating of common impositions & charges lyable to cities . townes , villages : &c. because this may conuict the conscience of such as vse no equalitie at all in these actions . equalitie ( thus considered ) is nothing els but a necessarie charge imposed in some equall proportion vpon euery one respectiuely . in this definition or rather description we may obserue . things concurring in the words . . the charge . the imposition . the proportion . the collection that it be necessary lawfull equall generall must haue reference to the cause authoritie . abilities . persons . chap. . . what charge signifieth . . howe charges ought to be necessarie . . what charge is necessarie . charge may be said to be a departing from something to the benefit or vse of others from the dominion of the owener ; and this may be done either as the lawyers say , in pecunijs numeratis , in ready money ; or as the schoolemen say , pecunia mensurabile , of that which may be valued for money . this charge is according to the occasion said to be impensae mitior aut acerbior , lesser or greater : it is called a charge of onus which commeth of ones an asse , to signifie that heauie burdens are fit for the asse , but necessarie burdens are fit for men : and therefore heauie burdens are condemned in the scriptures . you lay heauie burdens , matth. . . as there is a logicall necessitie in the precepts of art ▪ a physicall necessitie in the order of nature , so there is a politicall necessitie in disbursing of charges ; to worke vpon the sabboth if it be necessarie it is tollerable , to giue almes where it is necessarie , it is charitable ; and so to pay charges if they be necessarie , it is profitable , which the heathen man obserueth when he said , emas non quod opus est , sed quod necesse , seneca , lib. . epist . . he would haue vs to lay out money , not for all things we need , but for those which are most needefull and necessarie . charges ought to be necessarie for these reasons : it is farre more difficult , capere quàm fundere , to get goods , then to giue them away , as the philosopher saith , and therefore it is no lesse discretion quā querere partae tueri , after they be once gotten , to be carefull in the disposing of them , as the poet saith : so true is it that tacitus saith , many knowe howe to dispend , but not to dispose . tacit. lib. . hist . the wiseman saith , the riches of the godly are pretious , prou. . . and therefore as we will not vse a pearle like a pebble , so we must regard howe we impart our riches , seeing they are so pretious , euen as naboth was loath to depart with his patrimonie , & we must not abuse them with the prodigall sonne , but vse them as gods blessings in all necessarie occasions . when the generall auditor of the whole world shall take a computation of all his stewards howe they haue bestowed his goods ( for the gold is mine saith he , hag. . . ) this will be a lawfull discharge for such as impose and pay charges , to plead they were necessarie , and that may be inferred from that saying in math. . . for as much as ye haue done these things , come and enter , &c. those charges are said to be necessarie which concerne a common wealth : in the charge of a common wealth , respect must be had vnto the prince , the countrie , the poore , &c. the prince is called princeps quasi principalis ; because he is the principall person amongest the people , as the head is the principall part of the bodie : nowe as the head in some naturall sort prouideth for the bodie , so ought the subiects in a reciprocall sort to prouide for their prince : for he that is princeps ought to be particeps boni ; for this cause we are commanded to giue to caesar that which is caesars , aliud est sceptrum , aliud est plectrum ; it was this made king seleucus say , he that knew what a diademe were would not take it from the ground to set vpon his head : for a crowne is accompanied with many cares and combrances , dauid had lesse trouble with his sheephooke , thē his scepter , and therefore euery prince in this case may say to his subiects as moses did , howe can i alone beare your combrances and your charge ? deut. . . for which cause he was the first that ordained magistrates vnder him to extenuate his troubles : and the first that inuented tributes amongest the israelites to support his charge , as polidor : virgil reporteth . it was first called tribute à tribu , because it was imposed vpon all the tribes of israel , to signifie that all men ought to contribute to their prince , according to that saying in rom. . . giue tribute to whome tribute belongeth , and therefore subsidies and such like charges are necessarily graunted by the commons , quasi subsidium , as a helpe to vphold their prince , which euery one ought to beare , because he is partaker of the benefit commeth by it . bullinger decad. , praecept . one demanding of diogenes what countrie man he was , said , he was ciuis mundi , a citizen of the world : paul said he was no citizen but a soiourner in the world ; yet commonly we account that our countrie where we haue our birth , bringing vp , and abode , and therefore it is called our nation à natu , because it is as it were natale solum , our natiue countrie : but more properly it is called our countrie à patriae , which is deriued of pater , to signifie that in both kinds our countrie is the father and the mother of vs all . and this should make vs regard our natiue countrie , as our naturall parents . hence it is that pythagoras beeing asked howe he should demeane himselfe to his countrie ; he answered , vt ergamatrem , as to my mother . and phocion said that he would haue a sonne tam patriae quam patri , euery way as loyall and dutifull to his countrie as his father : the examples are infinit of such as haue lost their liues for their countrie , it was euer deemed so honourable a seruice , pro patria magnum decus est profundere vitam , saith homer . nowe such charges as are for the defence of our countrie , as charges of chiualrie or such like , are necessarie : for we should not inioy our liues , wiues , or liuings without them . hereof that mellifluous father saith , sumptus pro militia honorabilis est , the charge for warres is honourable . the poore man is called pauper , as one saith , quasi parum potens , putans , aut imperans , because he possesseth , thinketh , or commandeth little , yet pouertie is the subiect to prouoke mercie , when riches are but obiects to procure enuie : therefore one saith , viuitur paruo bene , a man liues best of a little , if he can be content with his lotte ; according to the verse , qui placidè sortē ferre scit , ille sapit . to be poore by grace , diuinum est , it is heauenly , which christ noteth in the gospel after matthew , . . for this voluntarie pouertie is a kinde of martyrdome , as s. bernard saith . to be poore by nature humanum est , it is incident to mankind , for all the apostles , yea christ himselfe was so : and therfore seneca saith , quemcumque miserum vides hominem scias , whome thou seest to be miserable , thou maiest knowe he is a man. to be poore by follie belluinum est , it is bruitish , as appeares by the prodigall sonne ; howesoeuer men come to pouertie , we are not to dispute , but to dispence , because ciuill humanitie ( as lactantius saith ) bindes vs to doe good to a man , because he is a man , lact. lib. . cap. . and as the moone sheweth her light shee receiueth from the sunne , so should men shewe their liberalitie of that they receiue from god : but seeing all creatures in their kinde are compassionate one to another , and all lawes in commiseration prouide for the releife of the poore ; i shall not neede to vrge the necessitie of this charge by multiplicitie of arguments . there be diuers other necessarie charges which for breuity i forbeare , but all the rest may be reduced and comprehended vnder these heads : for if the prince be our father , the countrie our mother , and the poore our brethren , we ought to supply their deficiencie in such sort as may designe our natures , and serue their necessities . chap. . . what is meant by imposition of charge . . howe charges imposed differ from others . there are many charges necessarie which are called voluntarie , because euery one as he hath any naturall sympathie or instigation to good , doth depart with all of benevolence or willingly , according to his free disposition , but because the great schooleman saith , volenti non fit iniuria , there is no wrōg done to the willing ; it were impertinent to speake prolixly of these charges , the rather , because this charge is more properly said to be exhibitio , then impositio , a gift of good will , then a charge against will , which being left to a mans own liberty , cānot be said to be done of necessity , but willingly . philemon . . there be other charges called compulsatorie , because they are imposed by the magistrate of euery citie , towne , village , &c. which charg differeth from the former , for that is done of beneuolence , this is to be paid volens nolens , whether a man wil or nill , hereof it is called an imposition quafi in populum impositum because it is imposed vpon the people by order of mandatum , praecept , commaundement , warrant , or otherwise ; charges thus imposed are to be paid auctoritatis causa thogh there were no necessity to vrge it , as d. chytraeus saith , for we are taught to obey the magistrate ; and he that doth thus pay it non peccat , qui iniuriam patitur doth not offend . i remember a prety saying of saint augustine da quod iubes & iube quod velis , seeing these doe aswell impart as impose charge , the common sort must by supposition deeme these charges to be necessary . d. p. martir reporteth in his cōmentary vpon the romans that magistrats had wont to be called patres cōscripti appointed fathers , and so in many places in the scriptures they are phrased by the name of fathers , to no other end but that their denomination might giue them information velle bonum non diuellere to helpe and not hinder , but to shew themselues as louing to the people euen as fathers are to their children , hereof xenophon saith bonus magistratus nihil a bono patre differt ; a good magistrate doth litle differ from a good father ; which if they doe , then will they not impose any impertinent charge , but that which is instant for the necessitie , conuenient for the persons , and expedient for the place , considering there is a father in heauen which ouerseeth and obserueth the actions of all the fathers vpon earth . chap. . . of equall proportion . . howe many waies it is to be taken . . that euery one is to be taxed in some equality to his ability . equall proportion is to be taken . waies ; properly , comparatiuely , respectiuely . properly it is that charge which is imposed vpon any according to his owne abilitie : comparatiuely is that charge laid vpon one which agreeth in some equall proportion to the generall taxation of others . respectiuely is that charge which is exacted of any sortable to the quality of the sessment in landes or goods . that portion which is proper to a mans owner estate ought to be taxed in some measure equall to his estate according to the common course and custome of the country , and this is called a proportion properly , the reasons followe . you shall reade that in cases of redemption the priests were to proportion the prices according to the estate of the persons , as appeares in leuit. . . where it is written . if he be poorer then thou hast esteemed him , then shall he present himselfe vnto the priest , and the priest shall value him according to his ability , nowe the priest he is called presbiter quasi praebens alijs iter of shewing others the way , and therefore his action ought to giue example to others in all charges to make an equall taxation in some proportion to the abilitie of the person . it is noted in the people of hierusalem that in a generall charge for the common good they did not presse themselues beyond their powers : for ( say they ) we according to our abilities haue done it . neh. . . which is a good president to be obserued of all sessors to rate men according to their abilities . in dispencing to the poore , men are willed to minister but according to their abilities . . pet. . . so , it ought to be in al other charges : men are not to be vrged beyond their abilities : for in giuing away and in paying away there is no difference in the worke but in the will : for there is a departing from something in both , sauing one is a free cōmmutatiō , the other is a kind of coaction . if the saddle be not set right on the horse-backe it will wring him , if the ballance be not equall in weight , it will wrong one , so if a man be not taxed equally to his portion it will iniury him , and that is against the word which saith , thou shalt not doe thy neighbour wrong leuit. . . men vse to lade the camell when he lieth downe as he may rise vp with his burden , he that will haue his beast to hold out in trauell must not ouerburden him : the like course must be taken with men , so to taxe them as they may continue in vndergoing charges , and not to make impositions become oppressions . to this purpose bruson reporteth a matter of one aemylius a ruler in egipt , who beeing complained of to tiberius caesar by the people for oppressing them with paiments , he wrote to aemylius se tondere velle suas oues non deglubere , that he would haue him to sheare his sheepe but not to flea them , meaning thereby that he would haue men assessed indifferently and not surcharged extreamely . in all taxations euery man should remember this golden rule to doe as he would be done to , that is to taxe others as he would be taxed himselfe by others , nowe as the string ouerstraind in the lute will neuer sound well , or cloth too much stretched on the tayntors will neuer weare well ; so if he himselfe be taxed aboue his state he will neuer take it well : then consider what seleucus the emperor said , which gualter obserueth to that ende quod tibi non vis fieri alteri ne feceris that thou wilt not haue done to thy selfe doe not to others : but as in martiall diuisions the quartermaster sets out euery one his share according to his place and degree , so in politicall impositions the sessor should taxe and set euery one his rate according to his state and portion . chap. . that euery man is to be taxed equallie in some comparatiue and proportionale sort agreeable to the generall traxation of others . the grashopper is a burden to one , eccles. . . when a bull was but a burden to milo : a myte is asmuch to the widowe , as a talent was to alexander , and therefore seeing the abilities of men are not equall , it is not ment hereby that al men should be equall in taxation , which are vnequall in estate , but that euery one may haue as indifferent valuation as another by comparing their portions together : for as the heathen man saith he is an euill man cui non satis est id quod caeteris est satis to whome that is not enough to one that is enough to others : if esau could say i haue enough when he should take , men must not vrge more then enough when they doe taxe . gen. . . where one buyeth cloth he wil looke to haue as good measure as the other , where one buyeth iron he will looke to haue as good weight as an other : where one buyeth ware he lookes to haue as good a penny-worth as an other : and therefore why should not one man that is taxed in charges looke to be aswell vsed as an other ? and if there be required such proportion in giuing that one must not be greiued when an other is eased , as paul saith , the same reason may stand in the proportion of taxing , that one must not be racked when another is remitted , but that there must be equality in both . . cor. . . if there were a suruey of generall sessements , in some places it will appeare that there is inaequalium catalogus a catalogue of confused inequalities : you shall find that beniamin shall haue fiue times more to his messe ; gen. . . when lazarus shall haue hardly a crum , naboth with his vyneyard shall be asmuch as naball with all his reuenues , and as in india there are antes as big as mastiues , and mise as hie as camells , as pomponiue mela reportes , so in england you shall find poore-men asmuch as rich-men , and meane men asmuch as gentlemen . all rates for the most part are either par , suppar , or impar , that is the lesser part are like one an other , the greater part are somewhat like others , but the most part are nothing like others : are not many worth sixe hundreth poundes taxed at xx . in terris , when an other not worth an hundred is as much , and an other of equall value is vi. in bonist is there not some worth sixe thousand poundes , set at iiii. p. when an other vnder a thousand is rated at viii . p. and another that may dispend three thousand is but viii . p. and yet able to buy or countermaine twenty three pound men ? what should i dilate these endles inequalities , as protogenes knew apelles by the draught of one line , and hercules proportion was perceiued by the size of his foote , so you may iudge the generall by these particulars , seeing it is no more seen then the monstrous heads were of hydra , the deformed body was of esope , or the infamous marke was of cayne . plato resembleth mans life to a chaunce at dyce , and so may our sessmentes , therefore it is growne to a prouerbe that mē are charged as the dice chance , deuce ace cannot , sise sinke will not , but quater trey he must pay : this is no matter of noueltie , but antiquitie ; for it is obserued in that generall charge about ierusalem in nehem. . the poore were vnable and could doe nothing , for vltra posse , non est esse , and we can haue no more of a catte but her skinne ; the best sort were vnwilling and would do nothing : so it is noted , the great men would not put their neckes to it , nehem. . . but the middle sort they bare most of the burden , and so it is in most of these rates : as the sunne mooueth slowest when it is highest in the zodiacke , so men are euer slackest that are highest in estate : and as the lighter ballance euer mounteth hiest , so the meaner sort are commonly taxed heauiest . this inequalitie is meere iniquitie in the agents that impose it , and manifest iniurie to the patient that pay it , and therefore it is condemned by the example of god himselfe , and by the lawes of god and man. inequalitie is condemned by the example of god himselfe ; for god is equall , and he deales equally with euery man , to the ende one man should deale equally by another : vt sementem feceris it a metes : for such measure as we mete shall be met to vs. inequalitie is by inference condemned by the word of god , in this sort if false weights and measures which are vnequall & vniust are said to be abhominable , these vnequall rates of charges cannot be tollerable : for in both there is but a defrauding of a due : and therefore it is condemned as well as the other . deut. . . where many of equall state are vnequally taxed , it argueth partialitie , because there is respect of persons , tribuere aqualibus inaequalia & inaequalibus aequalia est personarum acceptio : for as d. chytraeus vpon the commandements saith , to giue to equall persons vnequall things , and to vnequall persons equall things is respect of persons , which is a sinne generally condemned in the lawe of god. inequalitie is condemned by positiue and nationall lawes , if you haue recourse to the statute made in anno . of our late soueraigne lady of famous memorie , queene elizabeth , there is a clause concerning the sessement of subsidy inserted in these words , the said commissioners to whome it shall appertaine , shall indifferently set , taxe , and sesse themselues , and the said assessors . this is spoken demonstratiuely to shewe that indifferencie & not inequalitie should be vsed in all sessements to all persons : for indifference est quasi non differens , that is , there ought to be no difference in these dealings , in regard of persons , but that euery one should haue a proportionable penniworth according to his portion as well as another . what should i speake more of inequalitie ? doe we not see that as cockes cannot fight well that are vnequally matched , so men can neuer agree wel that are vnequally charged ▪ for wheras equalitie is the cause of loue , and is therefore called vnitatis nutrix , the nource of vnitie ; this inequality is nothing els but the cause of discontent , and is therefore called seditionis altrix , the nource of sedition : for as wheeles going vpon vnequall ground will make a rumbling , so men pressed with vnequall rates will make a murmuring , as appeares by the labourers in the vineyard : for if they did murmure in receiuing of money , because their wages was equall when their worke was vnequal ; what will they doe in departing from money where their estates are equall , if they be vnequally taxed ? chap. . that euery one is to be charged respectiuely according to the qualitie of the sessement , whether it be in lands or goods . as euery one ought to be taxed properly according to his owne estate , comparatiuely according to generall taxations , so he must be vsed respectiuely according to the qualitie of the sessement , whether it be in terris or bonis , or els it is no better then inequalitie . if a leuie be made for a common charge in money , and the direction or warrant be generall to collect sixe pence in the pound as well of lands as goods without difference , this is meere iniurie ; because that proportion is not obserued which aimeth at equalitie . for the statute it selfe concerning sessement of subsidies doth make a diaphora or distinction therein ; for landes bee at foure shillings , and goods at two shillings and eight pence the pound : and therefore to make lands and goods all at one rate in other charges is repugnant to the equalitie and equitie of the lawe ; aequalitas quam magistratus statuit seruanda , which as hemingius saith , ought to be obserued : but yet this is made but a superficiall and light matter in many places , amongest such ( no doubt ) as are more forward to impose then to pay charges , which that learned man d. chytraeus noted in his time , and therefore he left this sentence to all sessors , quae alijs praecipis ipse facere primus videare , that which thou doest command others to doe , see that thou thy selfe first doest it : for that common wealth must needs doe well , where precepts and presidents goe togither , as plato saith . the rate of the subsidie is , or ought to be , aequabilitatis normam , the very rule of equalitie to deriue and direct all other charges by : for this cause many respect not altogether the proportion obserued in the subsidie : but because in most places , especially in cities or great townes , collections are made commonly by the rate of the subsidie , such as are therein vnequally taxed , are made subiect to infinit inequalities and iniuries in all other charges . in common charges to see one that is set at twentie shillings , to pay foure pence , when another of his value paieth two shillings by the rate of the subsidie ; to see one that may dispend in annuall reuenews two hundred pounds , taxed at two shillings , when another that hath not the tythe of his liuing , laid as much by the rate of the subsidie ; what greater inequalitie and iniury can there be , that these which disdaine to consort with the lowest in cases of countenance , should be linked with the lowest in matters of charge ? so the old prouerbe is still approoued , the weakest must to the wall . for as wormes breed soonest in the softest wood , so wrongs are soonest offered to the weakest person . these inequalities are so apparent that in most places when a charge is imposed , the better sort with the constables of the towne assemble together , about the equall taxation and collection of it : if it be in hundreds they deuide themselues into villages : if in great towns , they deuide themselues into wards , and so taxe men not according to the rates in the subsidie , but in some measure according to their abilities agreeable to the generall proportion of others , which must needs be a very indifferent and discreet course for the conseruation of the people in much vnitie , where there is so great circumspection to equalitie : and sithence it is plebeiae & publica expensa , the commō charge of the vulgar sort , it is great reason they should proportion their owne rates , so the charge which is imposed be discharged , as bullinger deliuereth in his decades . chap. . the probable causes and coniectures why men are so vnequally taxed in common impositions and charges , repugnant to generall proportions . these vnequall proportions are committed by the sessors , either of negligence for want of dutie , or of indiscretion for want of iudgement , or of ignorance by way of apologie , or of wilfulnesse by way of affection . these inequalities are committed of negligence for want of dutie : for there are some which rate men vpon rumors and reports ; nowe as it is a maxim amongest philosophers in vniversalibus versatur dolus , so it is a principle of experience in the world , that generall relations are but common fallations . i will not say but that sometime vox vulgatis veritatis est , the vulgar voice may be verified : but yet as the phisition in some cases saith , that vrina est fallax ; so in these cases i would haue men thinke that fama est mendax , rumor is but a flatuous eccho of idle tongues : and therefore thales milesius beeing demanded howe much trueth did differ from rumors ? so much ( said he ) as the eies are distant from the eares , noting thereby that men ought to be oculer and not auriculer agents , if they wil know the trueth : for many are blazond to be persons of great liuing , which when they come to be founded , it appeares but a false allarum , and thus are many hindred by heare-say . it was well said of one melius est , it is farre better to fall into the hands of the iudge , then into the mouthes of the common people : for hee will not sentence any without examination & proofe , when the other will censure euery one by rumors and reportes . if you looke into all our statutes concerning the sesment of subsidies and taxes , there is a prouision made for the appointing of certaine persons with the constables of euery towne to be sessors of their neighbours , and this is done to preuent iniury by reportes that the sessors should by their owne personall inquiery take inteeligence of euery mans estate , & not rely vpon relations of others , and therefore this may be one cause why many are wronged by inequality if the sessors neglect their duties in the order of equality . these inequalities are committed of indiscretion for want o iudgement : for as seneca saith quidam homines duplo plus vident quàm alij ; some men can see twice asmuch as others , & there be some as wise as choraebus that would vndertake to tell the waues of the sea , and yet he could not nomber aboue fiue , thereof came the prouerbe stultior choraebo . and this is sometime the ouersight of the sessors , they can prie into mens estates what they haue to liue on , but they neuer expend their charge which is to liue of them , and so they ayme at men in these matters as the blind man doth at the crowe . the marchant recounteth his charges and detriments before he can resolue what he gaynes by his ware , the vintner defrayeth the losse of leckage before he can set downe what he saues by his wine , the husbandman respecteth the charge of fowing and reaping before he can see what he getts by his haruest , & soe sessors ought to looke into the charge of a mans familie before they can well tell howe to charge him by his ability : for as it is noted in summa angelica , lucrum non dicitur nisi deductis expensis , it is not properly called gaine vntill expences be deducted , so it is to be obserued in the estates of men , vnlesse there be consideration of their charge , there can be no information of their estate . it is reported by historians , that in florence he that was father of fiue children was exempted from all impositions ; amongest the lacedemonians , he that was father of three children was freed from watches , he that was father of foure children , was released ab omni onere , of all charges , amongest the womans he that was father of three children was neuer inforced to any ambassage , if he were father to fiue children , he was freed from common charges , but if he were father of thirteene children , he might challenge immunity from all charge , as vlpian saith . i note these examples to this end , not that any should be priuiledged from charges which are able to pay , but that in common taxations there should be some regard of euery mans estate by his charge , and to haue the more fauour in respect of his family : as for instance where one is worth a thousand pounds and hath none but his wife and himselfe to prouide for , and being a man yet liueth not like a man but feedeth like diogenes with a roote , and goeth like lazarus with a ragge , such a miser as this ( if he be compared with another of equall portiō which hath seauen or eight children & maintaines his charge in some ciuill & credible sort ) is to be called to quadruple charge more then the other , or else in all reason it can be no equality but iniury . these inequalities are commonly excused by way of apologie deduced from the example of the labourers in the vyneyard , who beeing male-content because they had equall pay for vnequall paines , the master reprooued them and said , is thy eye euill because mine is good ? vnder this pretext many doe apologize inequalitie . when any complaine and pleade for equall ease of charge aswell as others , what is that to you ( say they ) doe you enuy an others good seeing you are taxed but according to your worth , are you any way wronged ? maledicta glossa quae corrumpit textum as one saith ; it is a cursed glosse that mars the text , and this is nothing but a retrouerting of the text for a mans owne turne as the deuill did wrest the scriptures to supply his purpose : for first it is not fit to mixe spirituall and temporall matters in one sence , no more then it was allowed in the ould lawe to weare lynsey wolsey both in one garment : secondly , it was lawfull for the master of the vyneyarde to dispose his owne goodes at his pleasure , but it is not lawfull for a sessor to vse reipublice bonis at his pleasure : and although the master did them no iniury , because he compounded for equall salarie , yet these are offered wrong which are vsed without equalitie according to generall proportions , as in the . chapter appeareth very pregnantly . these inequalities are for the most part lead by swaie of affection , either in loue or hatred , fauour or displeasure : for in these cases , as one saith , voluntas & amicum & inimicum fait , it is the will that doth make equality and inequalitie : for if men were all beloued a like then should they be charged alike respecting their portions , but whether they be loued or hated in these generall actions of inequalitie , the poets wordes prooue true , sic volo , sic iubeo , stat pro ratione voluntas , the will beareth the greatest sway amongest sessors , who are as skilfull in substraction and addition as the best arithmetitians , and they can as closely vent their willes vnder a visor , as thamar did her vice vnder a vaile , for this cymmerian darknes cannot indure the sunne no more then owles can the light : yet as the steward when he had a sinister pretence could readily cōceiue and say , i knowe what to doe . luke . : so these men are not to seeke of a secret conueyance when they intend what to doe as by the sequele you may obserue : for as paul. said of the ephesians , so doe i of these sessors , it is shame to speake of the things are done oft them in secret , eph. . . such as haue ease vpon fauour or affection are for the most part spared in these respectes . it is my kinsman ( saith one ) i must vse him kindly in regard of aliance , affinitas est quasi immunitas : for one saith , affinity is a kind of immunity . it is my friend ( saith another ) i must gratify him because of his good remembrances , munus amicos parit : for giftes will beget frendes . it is my customer ( saith another ) i will ease him because i take his money . quid non perunia potest ? for what will not mony doe ? it is my man ( saith another ) i will spare him in respect of his seruice , est vir palliatus : for a cloake is good for the raine . it is my tenant ( saith another ) i must forbeare him because i am his landlord : for he had need of an easy rate that payes an hard rent . this may well be said to be a fauour : for such as are thus set at a lowe rate in the subsidy , are the lesse subiect to priuie seales , to millitarie munition , to multiplicine of charges , & therfore amongest the scithians he was accounted the happiest man that had the best freindes as lucian reporteth thereof : came the prouerbe , vbi amici ibi opes , where there are frendes there are riches ; yet this is called a fauour but abusiuely as christ was called sinne : for that cannot be deemed gratious which occasioneth a double disgrace both in the sessor and the receptor . that may be said of the sessor which nehemiah said of such persons , that which you doe is not good ; neh. . . for according to the prouerbe , you doe but cut large thonges of other mens leather , such as these which can frankely effuse an other mans goodes as the wastfull steward did , math. . for their owne pleasures , if they were to doe good with their owne goodes they would be as neere as naball was , loath to part frō a penny ; if you will afforde a fauour where you affect , you should doe well to effect it with your owne : for these are reipublicae bona and therefore this dooing is not worth gramercie , seeing it is rather to be deemed a fault then a fauour . those which are thus taxed with fauour it is but an ecclips to their credites by exposing themselues to all opprobrie : for flesh and bloude cannot brooke to see such as haue wealth and possessions like diues , that looke to be called rabbi with obsequious congies , and to haue the highest places with the proud pharisies , that such as these should pay no more thē the publican , towards publike charges , and such as these are no better then impostors to their prince : for he that is rated most according to his portion is a better subiect to his prince then such an one as exceedes him in common sessements and yet is taxed far vnder his substance , as the myte of the poore wydowe was farre better to the treasurie then the offerings of the rich . as those which are taxed with fauour , it is perceiued by a kinde of substraction in taking somewhat from assessements without equality , so such as are rated vpon displeasure , as the stone is said to growe per additamentum by a kind of adding to , so that will appeare by a kinde of addition or putting to more with in equality , which may be apparantly discerned vpon these or such like occasions . he hath set vp his trade ( saith one ) in the towne to hinder me , i will nowe helpe him forward in this , figulus figulum odit : for it is a common thing to see howe one mechanicke will maligne another . he would not giue ( saith another ) to such a voluntary charge when he was mooued ; i will nowe meete with him in this : for he which is in office can doe much ex officio , vnder colour of his office , if he feareth not confusion of face . he would not doe me such a pleasure ( saith another ) when i had occasion to vse him , i will now remember him in this : i haue a way ( saith iesabell ) when shee could not haue her wil another way . he hath done me much iniurie ( saith another ) by suites and speeches ; i will now somewhat requite him in this : for priuate grudges are easily protected vnder publike businesse . he is very thriftie in the world ( saith another ) i will nowe crop his living a little in this , as the egyptians did oppresse the israelites with burdens , because they did multiply and increase . this may well be said to be a displeasure : for vnius compendiū alterius dispendium , that which the other of fauour doth prevent , this of displeasure must vndergoe , in extremities symon must needs beare the crosse . it is too odious in this age to see howe such as dare not play the lyon , will play the foxe , and when they can no way quite themselues in their owne matters , they will cloake it sub officio , vnder their office , or pretence of some legall or regall busines ; and because this shall not seeme to be a paradoxe , i referre you to scripturall instances for proofe . when the rulers had a spite against daniel because he was seconded by the king , they could no way tell howe to be reuēged , but by soliciting the king to make a decree , that by colour thereof , they might worke their wills vpon good daniel . when haman did malice mordecai because he would not mooue his hatte , he durst not openly be reuenged of him , but by suggesting the king to write letters , that vnder pretext therof , he might haue his mind of good mordecai . it is so generall a note in the nature of man , that such as haue their minds cauterized with malice , care not with what weapons they fight , so they may haue their wils . these kinde of sessors should consider this saying , posse & nolle nobile , it is the part of a wiseman sometime to sequester his will from his power , and in some cases not to doe , what he might doe , is held for a true type of nobilitie ; this were a good course to kirbe in men of these conditions , that in their taxations they deale not as their wils and affections carrie them , but as cicero saith , quid lex & religio cogat , what lawe and religion compell them , and to doe what is meete to be done , and not that which they may doe : for who knowes not what a man in office may doe pretextu officij by colour of his office , where there is no care or conscience in the execution of it ? the philosopher saith , iniquus est qui inuidet aut fauet , that he is a wicked person that doeth enuie or fauour especially in publique cases where there ought to be some proportion in equalitie without respect of partialitie : therefore sessors should doe wel to obserue what a great reproch it is to be reputed partiall , it is to their names farre worse them a myte to the cheese , or a moath to the cloth ; and who would be branded for bad dealing , either with the blacke cole as a marke of infamie to the world , or by casting of the blacke stone ( in signe of ignominie ) into the water , as it had woont to be an auncient custome amongest the heathens , to excuse or accuse men by casting of white and blacke stones into the water , which ouid reporteth , mos erat antiquis , niueis , atrisque lapillis , his damnare rees , illis absoluere culpa . metamorph. lib. . such sessors which seeke to reuenge their priuate wrongs or wils vnder publicke businesse , should feare by following the former presidents , least they incurre the like punishments . if your statutes punish those which vse false weights & measures to deceiue others , god wil not spare those which vse false and vnequall rates to iniure others , and if iurors are bound by oath to present such as vse false weights , all men are bound by allegeance to discouer such as make false rates : for by the ciuill lawe , peccata nocentium expedit esse nota , it is deemed a sinne to conceale any sinister dealings . chap. . what persons are liable and ought to be taxed towards common impositions and charges . all persons of abilitie as well subsidie men as others cohabiting within any citie , towne , village , &c. are to be taxed towards common impositions and charges . charges are said to be a burden , and we are taught to beare one anothers burden : for a burden beeing borne by many , though it be heauie , it will seeme light , according to the olde saying , many hands make light worke . it is noted amongest swine , that one hogge will succour an other that is baited , then amongest christians one man ought to helpe another that is burdened . it is the nature of dogges in fighting , not to rescue , but to fall vpon him that is beaten : men doe not differ from dogges , if they will not releiue him that is vnder a burden , and if a good man will be mercifull to his beast , he is worse then a beast that will not be mercifull to his brother . it is reported of that godly gouernour nehemiah , howe in a common wealth cause , to animate others , he made himselfe the first example ; euen i ( saith he ) doe it , nehem. . . the magistrate is called magistratus , either of magis & stratus , because he is of more dignitie and authoritie then others ; or of magis & status , because he is of greater state and abilitie then others : and therefore such as be magistrates will rather addere then adimere , that is , they will be as readie to conioyne as to inioyne any charge ; for the office cannot priuiledge any from expence , but as the poet saith , si quaratur honos non fugiatur onus , if any will get honour by his office , he must not eschewe the burden : and such as are readie to command and will not commute with others , est onus non honos , as one saith , it is chargeable but not honourable : for as peter said to christ , master pittie thy selfe , so it will be reported of these , they are of peters minde , they will pittie themselues though they oppresse others , but by reason of authoritie they will not put their neckes to it , as it was said of the great men of ierusalem , nehem. . . nay they will not put so much as their finger to it , as it was noted in the scribes and pharises , math. . . it is obserued in the preists & leuites that in these common charges they were presidents to the common people : for they are first placed to commend their forwardnes as you may read in neh. . . which is a good memento to all ministers of the word : for a minister is so called à ministrando of ministring , to shew that there is required as well exhibition with the hand , as exhortation with the tongue , which s. gregorie noteth when he saith qui alios ad bene operandum excitat ad bene agendum seipsum ligat : he that exciteth others to welldooing doth bind himselfe to the like , otherwise as cato saith , turpe est doctori it is a shameful thing to the teacher if his deedes reprooue his doctrine , as it was in the preist and leuit who could shew others the way , & yet themselues did shun the way when they should compassionate the wounded man. thus when the magistrate doth prodesse aswell as praesse and the minister dare as well as fari , it must needes be a great incouragement to the common sort to followe : for similitude and example doe mooue much , faith cicero , & s. austine saith that examples are as sermons to the vulgar people , and therefore as many horses which trauell together goe more willingly in the way , so many men participating together , pay the more cherefully their charges . there be some which vnder colour of office doe challenge a kind of immunity from common charges : for it is a common practise of constables in some places in respect of their paines to saue their purses . in taking of paynes they doe but their office , the very word officium doth signify duty , to teach such as are in office to doe their duties , which cannot be without paines . this duty and paines is required by the lawes of god & mā . the word of god commandeth euery one that is in office to be diligent therein , hereof it is written , let him that hath an office waite of it , rom. . . and therefore it is obserued in such officers as feare god that they would performe their duties with al sedulitie euen for conscience sake without commodity , they deemed it so odible to saue by their office . neh. . . the lawes of men doe not only compell constables to be diligent & attendant in the execution of their office , as appeares in the statutes made in the . hen. . cap. . . hen. . cap. . and in diuers others , but there is inflicted punishments vpon constables for negligence in their office , in some cases , with the losse of fiue poundes , . eliz. . in other cases with the losse of twenty poundes . . hen. . cap. , yea and in some cases with the losse of all their goods . . hen. . cap. . so that paines is vrged as a thing penall . if we should reason a pari by comparing the constables paines with others that are in office , if you consider the office of ouerseers for the poore , they take triple paines to the constables and neglect their owne priuate busines for a publique benefit , and yet they are contributors as well as others , and shall constables be paid for their paines ? de similibus simile debet esse iudicium , i can see no reason for it in equity or equality . if we should respect the losse of their time , why ? in dooing of their duties they doe redeeme the time , when in their idle pastimes and sportes they doe but mispend the time , and seeing as plato saith , nascimur pro patria , how can they better improue their time then for the common good of their country , whereunto we ought to dedicate our paines , purses , and persons if occasion constraineth ? in citties and in great townes where there are many constables , their paines are the lesser , but their sauings are the greater . in a leuie of twenty poundes , if constables may be suffered to reserue their owne payments , how soone may they saue aboue thirty shillings according to ordinary rates , which is vnreasonable ? considering it far exceedeth princely allowance : for the constable or other officer in subcoliecting of the subsidy hath but two pence in the pound allowed him , and shall the constables saue aboue eighteene pence in the pound for the collection of all other common charges ? nominatim aliquos referre possum : i feare there be too too many , i will not maligne them , but god amend them . if you search all the statutes you shall not find ( vnlesse it be in the subcollection of the subsidy ) that constables are to make a profit of their paines : for then it were rather an occupation then an office ; and therefore this kind of sauing is not to be suffered in a common welth : for it is condemned in the scriptures by an argument drawen à maiori ad minue from the greater to the lesser in this sort ; such as were couetous were not to be called to office by the word of god exod , . . but these which saue their owne charges vnder coulour of their office are couetous , ergo &c. this vnderhand sauing may by circumstance be cōdemned by our positiue lawes , in this manner . sauing is secret kind of getting , he that secretly getteth by sinister meanes is no better then a theefe , and therefore if he be deemed a felon by our lawes which taketh aboue fiue shillings from a priuat person what shall we terme these that defraud the common-welth of so much mony in a publique charge ? it makes me remember that pretie allusion of m. cato sitting to this purpose , fures tenues the lesser theeues ( saith he ) are restrained with shackells & linckes of iron about their legges , but the greater theeues , doe gestare in colo catenas aureas , iett vp and downe with chaines of gould about their neckes , and costly induments vpon their bodie . i pray god these kind of sauers be not such , if they be they are no better then caterpillers to a common-welth . there be others that plead a priuiledge from common charges ; because they are out of the subsidy booke ; if they be of any competent ability , this is rather a reason of some emphasis to make them capable of other charges : for seeing they neither pay subsidy , or finde armor as others doe which are in the subsidy , they may the better contribute to other charges . who knowes not that many are spared out of the subsidie for many respectes and yet they are ( or ought to be ) lyable to the charge of puruey for the prince , prouision for the poore , impositions of a towne ? the widowe gaue her myte , aswell as others that gaue more , he liueth like a hogge that doth no good while he liueth , nay as seneca saith , non viuit qui nemini viuit he liueth not at all , that liueth for none but himselfe . he that will haue the rose must away aswell with the pricke as the sauour , the philosopher could say qui sentit commodum debet sentire onus , he that receiueth profit must not refuse expence : for such as cohabit together to reape a benefit , must be coadiutors together for ease of a burdē , otherwise they deserue not the name of a neighbour , but are fit to be secluded frō humane societie . finis . we the lord lieutenant and council considering the duty incumbent on us to give a right representation of his majesties great care of, and indulgence to, his people, and to make the execution of the laws as easie and safe to his subjects, as the exegencie of the times and necessity of affairs may possibly admit ... by the lord lieutenant and co. ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) we the lord lieutenant and council considering the duty incumbent on us to give a right representation of his majesties great care of, and indulgence to, his people, and to make the execution of the laws as easie and safe to his subjects, as the exegencie of the times and necessity of affairs may possibly admit ... by the lord lieutenant and co. ireland. lord lieutenant ( - : ormonde) ormonde, james butler, duke of, - . broadside. printed by john crook ... and are to be sold by samuel dancer book-seller ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at his majesties castle of dublin, the thirteenth day of december, ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant and council . ormonde . we the lord lieutenant and council considering the duty incumbent on vs to give a right representation of his majesties great care of and indulgence to his people , and to make the execution of the laws as easie and safe to his subjects , as the exigencie of the times and necessity of affairs may possibly admit : and taking notice that many of his good subjects who attend the confirmation of their estates in this kingdom , graciously intended them by his majesty , according to the act for the better execution of his majesties gracious declaration , &c. may by reason of the great scarcity of coyn , be in present disabled , and through the expectation of a return of a commission for valuing the estates of adventurers , souldiers and others , that are by the said act to pay half a year or a years rent to his majesty according to the value of the said estates in the year one thousand six hundred fifty nine , may have unwarily taken up hopes that upon the application of the house of commons to this board , the time of payment would be inlarged , which his majesties pressing occasions would not then permit , and that upon some or all of these grounds , many persons may not onely have neglected to provide moneys , but also may lie under the trouble of misapprehensions that advantage will be taken by his majestie for their failers in payment by the fifteenth of this month of december : vpon deliberate consideration hereof , and of what hath further occurred unto vs , upon this occasion though the said moneys have not been paid in proportionably to what was requisite and reasonably by vs expected , so that the wilful and total failers deserved no inlargement of time , yet many having done their part with great duty and readiness , so that the present exigencie of his majesties affairs hath been in some degree supplied thereby , & many as we understand being upon the way with their mony : we therefore to manifest to the whole kingdom that his maiesty takes more satisfaction in the happiness & contentment of his people , than in any advantage to himself , have thought fit ( according to the power intrusted with vs by an act of parliament , intituled , an act for the inlargement of the periods of time limited in an act for the better execution of his majesties gracious declaration for the settlement of his kingdom of ireland , &c. ) and do by this our act of council inlarge the time for the payment of the first half years value payable out of the estates of adventurers , souldiers and others , unto his majesty , unto the third day of february next ensuing the date hereof , before or on which day all persons concerned are hereby required to make the said several payments due from them by the said act , according to the truest estimate they can make of their lands , as the same yeilded in the year one thousand six hundred fifty nine ; and whensoever the commissions that have issued , or shall issue for the valuing of the said lands as aforesaid , shall be returned , in case any person shall have paid more than by the return of such commissions shall appear to have been due from him , an allowance shall be made to him of such overplus , upon return of the said commissions . and this readiness of ours to give full satisfaction in this particular , will we hope quicken all persons concerned in subsidies , quit-rents and other payments to his majesty , to answer the same duely at the receipt of his majesties exchequer , that his majesties occasions being supplied by his own dues , the people may with more assurance enjoy the tranquillity , happiness and protection of his government , the contentment whereof is the chief advantage his majestie draws at present from this kingdom . given at his majesties castle of dublin , the thirteenth day of december , . god save the king . jo. armachanus , mau. eustace canc. ja. dublin , ossory , barrymore , drogheda , mount-alexander , anglesey , shannon , massereene , hen. midensis , mich. cork , fran. aungier , tho. pigot , jo. bysse , j. temple , paul davys , fra. hamilton , robert forth , ja. ware , rob. meredith , theo. jones . dvblin , printed by john crook , printer to the kings most excellent majesty , and are to be sold by samuel dancer book-seller , in castle-street , . die lunæ, aprilis, . an ordinance of the lords and commons in parliament assembled, for continuance of the excise or new-impost for one whole yeer longer, to commence the eleventh of september next, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, aprilis, . an ordinance of the lords and commons in parliament assembled, for continuance of the excise or new-impost for one whole yeer longer, to commence the eleventh of september next, . england and wales. parliament. sheet ([ ] p.) printed by richard cotes and john raworth, loudon [sic] : [ ] signed: joh. browne, cleric. parliamentorum. publication date from wing. reproduction of the original in the british library. eng taxation -- england -- early works to . excise tax -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, aprilis, . an ordinance of the lords and commons in parliament assembled, for continuance of the excise or new-impost for on england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , aprilis , . an ordinance of the lords and commons in parliament assembled , for continuance of the excise or new-impost for one whole yeer longer , to commence the eleventh of september next , . whereas the lords and commons in parliament assembled have found it necessary to continue the severall rates and charges of excise and new-impost , mentioned and expressed in an ordinance of both houses , dated the eleventh of september last ; be it hereby ordained by the said lords and commons in parliament assembled , that the said ordinance of the eleventh of september last , and every clause , sentence and article therein contained , and now in force , and the severall rates of excise and new-impost imposed and directed by the said ordinance , or any other ordinance or ordinances concerning the government and ordering of the excise since made , which at present are in force , shall continue and be received upon all and every the commodities therein mentioned and charged , thorowout the realm of england , dominion of wales , and town of berwick , for one whole yeer longer , to commence the eleventh of september next ensuing the date hereof . and it is further hereby ordained and declared , that john towse esquire , alderman of the city of london ; thomas foot esquire , alderman of the city of london ; john kendrick esquire , alderman of the city of london ; thomas cullum esquire , alderman of the city of london ; simon edmonds , john lamott and edward claxton of the said city of london esquires , the present commissioners of the excise , shall remain and continue chief commissioners and governours of the whole office and receipts of the excise and new-impost , in and thorow the whole kingdom of england , dominion of wales , and town of berwick ; and shall and may do and execute , and cause to be done and executed , all and every the clauses , articles and other thing and things whatsoever , ordained , mentioned and contained in the said ordinance of the eleventh of september last , or in any other ordinance or ordinances concerning the excise , which at present are in force , in the same manner and form as they are directed and authorized thereby to do and execute , for and during the said term of one yeer longer , to commence from the eleventh of september next following , as aforesaid ; with the like allowances as at present , of six pence upon every twenty shillings raised and levied out of the receipts of the excise and new-impost . joh. browne , cleric . parliamentorum london , printed by richard cotes and john raworth . august . . whereas by speciall order of the house of commons, the committee for the army under the command of sir thomas fairfax did come to guild-hall, london, to receive an accompt of the lord major and aldermen appointed as commissioners by ordinance of parliament of the of february, . ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) august . . whereas by speciall order of the house of commons, the committee for the army under the command of sir thomas fairfax did come to guild-hall, london, to receive an accompt of the lord major and aldermen appointed as commissioners by ordinance of parliament of the of february, . ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] title from heading and first lines of text. imprint from wing. an order of the committee of the army requiring ministers of churches and chapels to urge the payments of moneys assessed for purposes of war. reproduction of the original in the british library. eng taxation -- law and legislation -- england -- london -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no august . . whereas by speciall order of the house of commons, the committee for the army under the command of sir thomas fairfax did co england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion august . . whereas by speciall order of the house of commons , the committee for the army under the command of sir thomas fairefax did come to guild-hall , london , to receive an accompt of the lord major and aldermen appointed as commissioners by ordinance of parliament of the of february , . for the assessing and levying of l. per month , upon london & the liberties , which is their proportion according to their divident in like cases . and upon examination finding that the city of london and liberties are very much in arreare to what is grown due , & other counties hath paid ; the city of london having formerly had the honour to be good examples and leaders unto all other counties in matters of publique concernment . the said committee from the honourable house of commons , with the lord major and aldermen aforesaid , having summoned all the collectors of the severall wards , and their respective divisions , to enquire of them the true causes of the slack comming in of the moneys assessed upon the severall wards . for the speedy bringing in whereof , they were appointed collectors ; and finding amongst other causes this to bee the maine ; ( viz. ) the backwardnesse and tendernesse of the collectors in executing the power of the ordinance by way of distresse upon the goods of their neighbours that doe delay or refuse to pay the said assessement ; which neglect of the said collectors cannot bee borne with , in regard of the pressing necessities of that happy army under the immediate command of the victorious generall sir thomas fairefax ; whom god hath made instrumentall , not onely to keepe the enemy from our gates ; but also to scatter their greatest forces , and drive them to the most remote parts in the kingdome , who are yet in pursuit thereof ; which gives us great hopes of a speedy period to our bleeding calamities , and doth invite the best endeavours of all that are desirous of a setled and well-grounded peace , to give the said army all due encouragement . therefore the said committee , with the lord major and aldermen aforesaid , have thought fit to desire the ministers of the severall parish churches and chappells within the city and liberties , that they on the next lords-day doe effectually stirre up their parishioners speedily and chearefully to pay in their assessements to the severall collectors , and to continue the payment of the remainder , as the same shall grow due . and to let them know , in case they shall continue to delay or refuse the payment thereof , that the respective collectors are enjoyned upon the penalties express'd in the said ordinance of the of february , to distreine their goods , and make sale of the same . and that none doe mistake or censure the proceedings of the severall collectors , who without respect of persons are to doe their duties according to the said ordinance : but if any inconveniences follow by their non-payment of the said moneys , that they lay the blame upon themselves . an essay upon the ways and means of supplying the war davenant, charles, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay upon the ways and means of supplying the war davenant, charles, - . [ ], p. : ill., fold. table. printed for jacob tonson ..., london : . reproduction of original in cambridge university library. attributed to charles davenant. cf. bm. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng finance, public -- great britain -- - . taxation -- great britain. war, cost of -- great britain. united states -- history -- king william's war, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay upon ways and means . an essay upon ways and means of supplying the war . london : printed for jacob tonson at the judge's head , near the inner-temple-gate in fleetstreet . . an essay upon ways and means of supplying the war. in the course of this war , we are engag'd in with france , nothing seems more to have hurt our affairs , than an opinion , which from year to year has been entertain'd among some people of authority , that the war could not last ; which they were brought into , by the vanity , natural to our nation , of over-rating our own strength , and undervaluing that of our enemies . whoever reflects upon the ways and means , by which we have all along supplied the king , will plainly see how much this opinion has prevail'd with the people in general . raising money by land taxes , fonds of interest , polls , doubling the excise , charging tonnage , laying new customs , and anticipating the old ones , may be proper expedients to answer a single and a short necessity , but , perhaps , they will hardly appear to be the proper ways and means to carry on a great , and a long war. at the beginning of the confederacy , france seem'd to take in all its sails , in expectation of a storm , and in a manner sate still , while we took mentz and bon. this success , and the great names , and mighty kingdoms and states , that were listed in this quarrel , made us flatter our selves with extravagant hopes ; the most modest did believe the king of france might be easily reduced to the state he was left in by the pyrenean treaty : but the more general opinion was , that he would be subdued to our own terms . but such did not consider , that there is hardly any instance to be given in story of a mighty empire over-run , that was in the full possession of its military virtue . in such an entire possession of the art of war were the romans during the second punic war ; the whole people were train'd up to arms , and continual action had bred up and instructed many famous captains , so that they were not to be broken by the many victories hannibal obtain'd , even in the heart of italy . and in such a warlike posture was the ottoman empire , when tamberlain came into asia , who in the battel , fought in the year , took bajazet prisoner , and slew most of his army ; yet that people , bred to war under three martial kings , were so far from being subdu'd , that in fifty three years after , besides many other acquisitions , they were able to conquer all the remains of the greek empire . great dominions are to be attempted with hopes of success then only , when either their own bulk makes them unweildy , or when wealth has deprav'd their manners , or when long peace has made them forget their military skill and vertue ; and at such seasons have the great monarchies of the world been invaded and conquer'd , not by superior virtue in others , but for want of virtue in themselves . it is not from hence concluded , that lesser nations are not to make war with strong and victorious princes , or that we in england should not with the last drop of blood defend this almost only spot of ground , which seems remaining in the world to public liberty . but from these instances , and many others in history , it may be argu'd , that we cannot presently , and with ease , pull down so mighty an empire as france ; and that much time , blood , and treasure , must , perhaps , be spent , before we can reduce it to such terms of peace , as may be safe and honourable for the confederates . and since there seem very many , who think the business of this war so easie , and who wonder the confederates have done no more , it may not be improper to take a short view of the affairs of france , in order to make it appear , what a powerful enemy we have to deal with . that kingdom has been growing , for these two hundred and seventy years , by slow degrees , to the height we now see it at ; and from the time of charles the seventh , to the reign of francis the second , there were always upon the throne martial and active princes , in perpetual war , and forming their people to discipline . and if in the little common-wealths of greece , wherever there happen'd to be an extraordinary man , that man did make his city strong and powerful for a long time after ; much more must a succession of six kings , all men of counsel and action , give strength and power to such a kingdom as france . 't is true , that from the time of francis the second , to the peace of vervins , which was about forty years , the nation was miserably torn by a long and cruel civil war ; but , as there are certain diseases , which , when overcome , dispose the body to a better state of health for the future ; so , perhaps , it may be made appear , that even this civil war , in its consequences , has contributed to the present power of that monarchy , by pulling down the three chief obstacles that stood in the way of its greatness ; which were , the protestant interest , spain , and the old nobility of the kingdom . the massacre of paris gave the protestant interest in that nation such a wound , as it has never since been able to recover . philip the second , to procure the crown of france for the infanta , did furnish such vast sums for the maintenance of the league , as have ever since kept spain low . and the houses of lorrain , montmorancy , and chastillon , were in a manner extinguish'd in that war ; and the rest of the great families so ruin'd by it , that they are now no more than the trappings and ornaments of the tyranny , which were in times past so strong a part of the constitution . from the peace of vervins , harry the fourth employ'd his care in repairing the calamities of that civil war , and chiefly he set himself to bring the treasury of his kingdom into some order ; in which he was assisted by the duke of sully , a frugal man , who , by natural wisdom and meer honesty , brought the revenue out of infinite debts into such a flourishing condition , that , when the french were forming their great designs against the house of austria in , they had ready four or five years provision for a war , that was likely to be the greatest their nation had ever undertaken . but the foundations of the present greatness of that monarchy , were laid by cardinal richelieu ; he first introduc'd that exact method which appears in all their affairs , that secresie and steadiness which is in their councils , and that intire obedience which all subordinate degrees pay to their superiors ; and , by exacting it severely , he first accustom'd the french to that zeal , diligence , and honesty , to their master , which they show in all public business . cardinal mazarin was bred up in his school ; a man , perhaps , not quite so deep , but of infinite subtilty , and very fit for the intrigues of the cabinet , in a minority , and under the regency of a queen mother . what the duke of sully but began , colbert brought to perfection in the public revenue ; and both he and louvoy , were mighty encouragers of the trade and manufactures of the kingdom . thus france , for a long tract of time , has had great princes on the throne ; or , which is as good , able men in the ministry ; and all the while they have been enlarging their dominions . spain , formerly their rival kingdom , they have reduc'd to a low condition ; arts and sciences , trade and manufactures , are much improv'd among them . the art of war they have brought to a height and perfection never known in greece , or among the romans . long action has form'd them many fit generals , experienc'd officers , and a number of good troops . they are skilful in encampments , they order a battel well ; and no people contrive better for the subsistance of an army . their discipline is good and severe , and all nations must yield to them in the knowledge of attacking and defending places . and by art and industry , they seem to have overcome nature and situation , in making themselves so powerful at sea , with but few convenient ports , and but little trade , in proportion to their neighbours . their present king is undoubtedly a person of great abilities , wisdom , and conduct ; he is well serv'd in every part of his government ; his revenue is skillfully brought in , and frugally laid out ; no prince has so quick and certain intelligence ; and he has wrought into his interests a considerable party in every state and kingdom in europe . we all know too well , what large footing he has of late years got round about him , towards spain , in italy , near the swiss cantons , and in germany , of both sides the rhine , and in the low countries . whoever carefully weighs these things , and duly considers the strength and policy of that kingdom , will hardly think the confederates , for the present , in a condition to give the law , or able as yet to drive france to such a peace , as may be now honourable , and safe hereafter . they , who believe a peace so probable and near , ground their opinion upon the poverty this long war must have brought upon france : and no doubt , the subjects there are reduc'd to excessive want , by the universal stop that is upon trade , by the dearth two unseasonable years has occasion'd , and by maintaining , for six years , a great fleet , and such numerous land forces . but the french seem to pay themselves for all their home miseries , with their fame abroad , the majesty of their empire , splendor of their court , greatness of their monarch , and the noise of his victories ; like a beast , that goes merrily with a heavy burthen , pleas'd with his fine furniture , and the bells that jingle about him . for those vain appearances are , to that people , in the stead of ease , plenty , and all the other goods of life ; tho' they truly tend but to make their slavery more lasting . therefore while their king is thus successful in his arms , we have small reason to think the wants and cries of his country will constrain him to end the war. but suppose him in such streights , as that he willingly will listen to a peace ; can we modestly believe him in so low a condition , as that the confederates may at present have such a one as will be secure and lasting ? is he yet so distressed by the war , as to be contented things may be put upon such a foot of equality , that hereafter he may be compell'd to observe his articles ? for without this , any peace we can make will be but unsound and precarious . perhaps he may submit to give up lorrain , philipsburg , and strasburg , and his late conquests in savoy , catalonia , and flanders ; the pope , venetians , and the two northern crowns , shall be mediators , and afterwards ▪ warrantees of the treaty . the confederacy shall still subsist , and upon stricter terms of union : but , when we have bound sampson with these new ropes , may he not , when he pleases , break them from off his arms like a thread ? indeed , we might promise our selves that a peace would be good and durable , if we were enough superior in the war , to make him surrender those strong places , with which , on every side , he seems to bridle this part of the world. or , if he were so distress'd , as , for a peace , to deprive himself of his fleet , to which the romans compell'd carthage , and , afterwards , king antiochus , then we in england might promise our selves future safety . but , while his naval strength is unbroken ; while he has that chain of fortified towns upon the rhine ; and that formidable barrier in flanders ; while on the side of spain , italy , and switzerland , he is left in such a condition to invade , and so fortified against invasion , we may make a peace that shall give us present ease , and put off the evil day for a time , but we cannot pretend to have secur'd our liberties , or defeated his designs of universal monarchy . whoever carefully examines those general treaties of peace the french of late years have concluded with the house of austria , and their other opposites , from that of vervin's , to that of nimmeghen , will find they have had no effect , but to give france a legal title to what it possest before by conquest , or to affort it time to repair the calamities of war , and to gather strength for new and greater undertakings . we took this war in hand to assert the liberties of europe , and to encourage us to carry it on , we have examples , ancient and modern , of nations that have resisted great monarchies , and who have at last worked out their freedom by patience , wisdom , and courage . in defence of their laws and religion , the low-countreys maintained a war with spain from to , which ended in the peace of munster , and in that struggle they fixed their government . great monarchies do easily over-run and swallow up the lesser tirannies and principalities that are round about them ; but they find much harder work , and another sort of opposition , when they come to invade common-wealths , or mix'd governments , where the people have an interest in the laws . under tirannies , where the subjects only contend for the choice of a master , the dispute is seldom real and haerty ; but , in free countreys , where the people fight for themselves , and their own proper wealth and security , they are in earnest , and defend themselves accordingly . the persians very easily subdued the neighbouring monarchies that made up their large empire ; but when they came to invade the grecians , a free people , we see how their numerous armies , and great navies were at last defeated . that war was carried on by confederates , of which the chief were the lacedemonians , and the athenians ; one a kingly government limited by laws , the other a common-wealth ; it lasted two and twenty years , reckoning from the battel of marathon , to that victory gain'd by cimon , which forced the persians to sue for peace . and it may not be amiss to take notice , how the athenians laid the whole stress of this war upon their naval force , pursuant to the oracle , which told them they should be safe within their walls of wood , leaving athens it self defenceless , that their fleet might be the stronger . many more instances may be given of great things perform'd in the defence of liberty ; but then they have been done , by men who had laid aside their luxury , corruption , self-ends , and private ambition , and who had devoted themselves intirely to the common good. if therefore we hope to get out of this war with honour , and , at last , make a safe and durable peace , we must show more than ordinary virtue and resolution ; we must bear patiently the public burthens ; but chiefly , we must not give our enemies any room to believe , either by our actions or councils , that we shrink and give back , as if we thought the business too weighty for us . many things may happen to reward this patience , which would put us in the power of treating upon more equal terms . the king of france is infirm , and in years ; if he should fail , while the war is on foot , his people , perhaps , may take that time to shake off their oppression ; and his son may not be able to carry on the great machine of that government , with the same steadiness , conduct , and authority . or , the dauphin may dye , which would give the princes of the blood the prospect of a minority , always fatal , and the occasion of disorders in that kingdom . besides , notwithstanding the seeming health and vigour of that government , it has within it dangerous distempers , of which the symptoms appear not in this prosperity of their affairs , but would be seen in any public calamity ; such as the loss of a battel , or a total defeat at sea , which in the course of the war may happen . if france should receive any shock or wound of that kind , the ill humours bred by oppression , and arbitrary power , would break out , and shew themselves , in every part of the constitution . these , or any other accidents that might stir up civil commotions in that kingdom , would render it uncapable of a foreign war , and consequently , procure us more advantageous conditions of peace . but the most proper season to conclude a peace with the french , in all appearance , will be when they are impoverish'd , and exhausted of that money by which they have so much prevailed , and when that sinew of war begins to slacken . for there is a degree of expence , which no nation can exceed without utter ruin , and the public may become a bankrupt as well as a private person . and since war is grown so expensive , and trade is become so extended ; and since luxury has so much obtain'd in the world , no nation can subsist of it self without helps and aids from other places ; so that the wealth of a country now is the ballance , which arises from the exchange with other places , of its natural or artificial product . the natural product are the fruits of the earth ; the artificial are the manufactures . that part of trade which consists in buying commodities in one nation , and selling them in another , is very little the commerce of france . and this ballance accrues , either from money in specie , brought home , or foreign commodities , or credit , which one country has upon another . the prince's revenue , is a due proportion and share out of this ballance . whatever nation is at a greater expence than this ballance admits of , will as surely be ruin'd in time , as a private person must be , who every year spends more than the income of his estate . and that prince , who gathers more than this ballance will naturally afford , must as certainly bring ruin upon his country , because he lives upon the quick stock of his people . the ordinary publick revenue of france was , before this war , yearly , about one hundred and fifty millions of livres , which reduc'd to our money , is about twelve millions sterling . we all know how hardly this great sum was extorted from the people , but they were enabled to pay it by the ballance that arose to them from the vent of their commodities and manufactures . their most staple trade was wine , oyl , salt , linnen , and paper , their manufactures are innumerable ; and a vast profit they did constantly make by the resort of strangers to their country , and likewise by furnishing all europe with their fineries and vanities . the ordinary revenue must needs be much impair'd by the effects of the war ; but this we may suppose , is made up to the king by extraordinary means . for we cannot think he maintains his goverment , fleet , and armies , at a less expence than twelve millions yearly . now how this expence can be long continued by the french , is hardly imaginable , when there is such an interruption upon their commerce , and so little vent for their commodities and manufactures . they are cut off by this war from almost all their profitable trade , their poor are unimploy'd , and the growth of their country sticks upon their hands , and their body politick , being at a continual expence of spirits , without the usual supplies and reliefs , must fall into faintness , and decay in all its members . the ballance arising from trade being wanting , which should maintain king and people , there must inevitably follow , at first private want , and then publick poverty . and if this interruption of their commerce be yet more strictly pursued , it will bring a ruin upon them , not to be avoided by all their oeconomy , courage and policy . we have maintain'd this war six years , and may hold it out much longer , if every part of the confederacy would exert all its natural force , and apply it usefully to the common business . but then the emperor must not be contending for dominion at home , while he is fighting for liberty abroad . he must give the princes of the empire no jealousie that he has any designs upon their freedoms . he must not let the priests divert his his arms upon the turks , of which the true meaning is only the oppression of the protestants in hungary . a good peace on that side would give new life to the confederate affairs . a little more publick spirit and vigor would be necessary in the spanish councels , in which kingdom there is great power and wealth remaining , if it were rightly applied and well ordered . the proper and natural strength of england and holland is at sea. the walls of wood are our best defence , and the more we rely upon , and improve that strength , the more we shall break the measures of france . but england is the main pillar of the confederacy ; our riches supply it ; our fleet and the goodness of our troops , are its chief force and reputation ; all depend upon the councels we take ; if we are unwilling , or unable to support the war , a peace will be concluded upon the best terms that can be had . so that the whole wil result in this , how far we in england , are able to maintain such a long war with france , as may procure us a peace that shall be equal and lasting . 't is true , a long war is but a melancholy prospect to a luxurious people , fearful of slavery , and yet unwilling to pay the price of liberty ; which no nation hardly ever obtained , but at a great expence of blood and treasure . whenever this war ceases , it will not be for want of mutual hatred in the opposite parties , nor for want of men to fight the quarrel , but that side must first give out where money is first failing . if we in england can put our affairs into such a posture , as to be able to hold out in our expence longer than france , we shall be in a condition to give the peace ; but if otherwise , we must be contented to receive it . for war is quite changed from what it was in the time of our forefathers ; when , in a hasty expedition , and a pitch'd field , the matter was decided by courage ; but now the whole art of war is in a manner reduced to money ; and now adays that prince , who can best find money to feed , cloath , and pay his army , not he that has the most valiant troops , is surest of success and conquest . so that the present business england is engaged in , will chiefly depend upon the well contriving and ordering the ways and means , by which the government is to be maintained , and making the publick charge easie and supportable . by what has been said before , it may perhaps appear , that the interruption of trade has made this war very heavy upon the people of france , from which naturally follows , that a careful and vigorous protection of our own trade , will make all publick burthens lighter and easier to us . trade , as it is now become the strength of the kingdom , by the supply it breeds of seamen , so it is the living fountain from whence we draw all our nourishment ; it disperses that blood and spirits through all the members , by which the body politick subsists . the price of land , value of rents , and our commodities and manufactures rise and fall , as it goes well or ill with our foreign trade . 't is not enough to have great exportation , and great importation , unless we are gainers upon the ballance ; which the nation cannot be at the foot of the accompt , while there are very great losses at sea. for the profit of trade is not the advantage the merchant makes at home , but what the whole nation gets clear and nett , upon the ballance in exchange with other countreys of its commodities and manufactures . so that if we can protect our trade to that degree as to be gainers by the general ballance , the expence and length of the war will not so much affect us ; for trade , well secured , will bring in that wealth by which it may be fed and maintained . to support a long war , the taxes should be so contriv'd , as that they may lye equally upon the nation ; and when they are equally laid , they will in consequence be easier , and longer , and more patiently suffered . for he that is to carry a great burthen , should not reasonably be put to bear it upon one arm , and that extended at length ; but it ought rather to be placed upon his shoulders , so that every limb may bear its due proportion of the weight . the ways and means to supply the government , in this war , should be such , as may not too highly affect trade , upon the prosperity of which depends , in so great a measure , the welfare of the nation . what we give should be as free as possible from the load of paying interest-money , which eats upon the publick , as it ruins any private person . and , in taxing the people , we should have regard not to create disaffection to the government . we should likewise see that our present gifts should not , in their consequences , bring damage to the ordinary revenue of the crown ; for , in such cases , we give of one hand , and take away of the other . and lastly , in our ways and means of supplying the war , we should take some care not to entail upon the kingdom too large a debt of perpetual interest . taxes , which have all these inconveniencies , that are laid unequally , that affect trade , that consume us with usury , that disaffect the people , that prejudice the crown revenue , and burthen us with perpetual interest , may be made use of now and then , to piece out , and answer a single and a short necessity ; but cannot be repeated often , and made use of , as the constant ways and means of supplying the government , in a business of length , without great damage and hazard to the kingdom . for taxes of this nature beget public and private poverty , make the people desperate , render government uneasie to the rulers , and may be rather said to fight secretly against the prince , than to give him any true assistance . the opinion , which from year to year has prevail'd , that the next campagne would end the war , has made us bear with these ways and means of supply , believing every such charge would be the last of that kind that should be laid upon the people . perhaps we should have taken other measures , if , at the beginning of the war , the nation had been throughly convinc'd , that peace was at such a distance from us . some are of opinion , that if at first we had fallen upon excises , we had establish'd a fond of revenue , which would have lain equally upon the whole , been a constant and easie supply , and tending less than other taxes , to the damage of foreign trade , or ruin of the gentry ; and which , by this time , might have been so improv'd in the management , that we should have found it singly of it self , sufficient for all the expences of the war. and 't is not improbable , if the king of france had seen us open such a new vein of treasure , we had long since had a more advantageous peace than we can expect : at present . it had given him a great opinion and awe of our strength , if he had seen we had been able to raise five millions a year , in a way not very burthensom to the nation ; and he could have expected no good issue from a contest with so rich and powerful a people : but if he finds we raise money for the war , by ways and means heavy and destructive to our country , he will be encourag'd to persue it till he has brought utter ruin upon us . and tho' it appears from the books of hearth money , that there are not above thirteen hundred thousand families in england ; and , allowing six persons to a house , one with another , which is the common way of computing , not quite eight millions of people ; and tho' ( as likewise appears from the hearth books ) there are five hundred thousand poor families in the nation , living in cottages , who contribute little to the common support ; yet the eight hundred thousand remaining families , would be able to carry on the present business a great while longer , and , perhaps , till france is weary of it , if the public burthens could be divided a little more equally among them . it seems evident enough , that the war cannot be supported by the present revenue of the crown ; of which , as also how it stood at the beginning of the revolution , it may not be improper to give an account . the chief branches of the revenue , according to a computation deliver'd to the house of commons at the beginning of the revolution , stood clear of all charges , in the collection , as follows . the tunnage and poundage , including the wood-farm , coal-farm , and salt-farm , was computed at l. , the excise on beer and ale , &c. year ending th june , did produce — , the hearth money about — , the post office about — , the wine licenses about — , new impositions upon wine and vinegar granted for four years , the year ending th sept. , about — , duty on tobacco and sugar , for the same time in the same year , about , duty on french linnen , brandy , silk , &c. which was to continue to the st of july , for the year ending th of september , produced — , total — , , the chief branches of the revenue at present , clear of all charges in the collection , stand as follows . the tunnage and poundage , including the wood-farm , coal-farm , and salt-farm , year ending th september , did produce — l. , the excise on beer and ale , &c. year ending th june , produced — , the hearth money — the post office , the same year — , the wine licenses , the same year about — new impositions upon wine vinegar , &c. year ending th september , produced — , duty on tobacco , &c. year ending th september , produced — , duty on silk , &c. year ending th september — , the additional impositions took place from march . / . and from that time to th september , produced only — , the additional duties upon beer , ale , &c. computed at — , total — , , but of the , , l. which is reckon'd the present revenue , all but l. which arises from customs , old excise , post office , and wine licenses , is either anticipated by act of parliament for the war , or applied to the uses of it ; indeed , something of the ninepences will come into the crown as the lives fall . the salt duty , and new imposition upon the tunnage of ships , are to stand in the room of two nine-pences , till they come to be clear of their former anticipations . the other smaller branches of the revenue , such as the hereditary customs , fines for writs of covenant and entries in the alienation office , land revenue , dutchy of cornwall , dutchy of lancaster , first fruits and tenths , sheriffs proffers , compositions in the exchequer , fines of leases , and custody of idiots , forfeitures of recusants , fines for misdemeanors , post fines and seisures , are all inconsiderable , and so charg'd with pensions and salaries of officers , that they produce very little clear to the king. the tonnage and poundage , &c. in time of peace , will undoubtedly by degrees rise , but then trade must be courted and handled gently . the excise on beer and ale , &c. has been lately under so many discouragements of all kinds , as that branch will be found to mount very slowly . the hearth duty is taken off by law , as an unpopular revenue ; yet all the hardships and abuses of it , might have been corrected by act of parliament , and it would still have yielded about , l. per annum , above the charge of management ; and however the nation disgust it , 't is hardly so odious , if rightly examin'd , as poll-money , which the turks take to be so great a badge of slavery , that they impose it on none but christians . the present revenue being so far unable to support the war , what was wanting has been hitherto made up by other ways and means , of which some are thought very prejudicial to the nation . giving the king money by anticipating the customs , or by credit , upon distant fonds , does apparently consume the public with usury : the new fonds entail upon us a heavy debt of perpetual interest . the additional nine-pences upon beer and ale , do manifestly hurt that branch of the king's revenue . 't is feared frequent polls may disaffect the people . the new customs and impositions upon tunnage , are thought to prejudice trade . and lastly , the land taxes by monthly assessment seem unequally laid ; and the pound rate , of four shillings in the pound , does seem unequally levied upon the nation . but of each in their order . of anticipating the customs and credit upon distant fonds . that such ways and means of supplying the government , occasion ill husbandry in the public , will appear plainly to any one , that takes the pains to examin what great sums have been paid on account of interest-money and gratuities ; and let the king be either to buy stores , or to pay his fleet and army , it will be found at the long run , that , l. in ready money , will go farther than a million in tallies . of the new fonds for interest . the fonds for interest were , perhaps , good expedients , for the time , to raise money , but , if made use of frequently , may produce very bad effects in the nation ; for they divert money too much from the chanel of trade , where it is always best employed to the kingdoms advantage . there is already , paid upon these sort of fonds , about , , l. yearly . 't is true , what is out upon lives , will by degrees wear off ; but a great part of this sum will be a lasting rent charge upon the nation : and if we should further increase it by new projects of the same nature , we shall quickly be in the condition of spain , where they are undone by paying taxes to one another ; and where the public revenue is so clogg'd with perpetual interest , that apparently there is not wherewithal to supply the present necessities of the government . but the principal mischiefs these fonds occasion , is the raising money above the price , which either our foreign or domestick trade can afford to pay for it , to the great discouragement of both . they who have trac'd the effects , which lessening interest-money by law in this kingdom has produc'd , do very well observe , that when money was brought from ten to eight per cent , our trade presently increas'd upon it , and doubled in some time after it was reduc'd from eight to six per cent ; and if the abatement of interest did bring along with it that good advantage , we must expect to see trade labour under great difficulties , and in a short time come to nothing , if , by the means of these fonds , money be restor'd to its former rate of eight per cent. they are so inviting , and of such infinite profit , that few now are willing to let out their money to traders at six per cent. as formerly ; so that all merchants , who subsist by credit , must in time give over , and they being the greatest part , and , perhaps , the most industrious , any man may judge what damage this will be to the kingdom . so that these fonds of interest , are ways and means of supplying the war , which in all appearance are to be used tenderly , and with great caution . of the additional duties upon beer and ale. the excise upon beer and ale , brandy , strong waters , &c. was in a gradual and constant way of improvement from to , inclusive ; which year it produced , clear of all charge , , l. s. d. ● . ever year since it has fallen , and by much larger steps than ever it mounted . but because since the war there is little brandy imported , and strong waters are now charged in another manner , and at other rates than formerly ; the fall of this revenue will more plainly appear , by making the accompt up only for beer and ale , which produc'd as followeth . note , what follows is the gross account .   l. s. d. year ending june — , ¼ year ending june — , ¾ year ending june — , ¼ year ending june — , ¾ year ending june — , / the accompts of the year ending the th of june , are not yet made up ; but the excise , by a medium of four years , having fallen hitherto about , l. per annum , 't is probable the last year has done the like ; and , if so , it is now , l. per annum less than it was in . this great decrease is , by the commissioners of that revenue , chiefly attributed to the new additional duties , which in the country have made numbers of victuallers , in every county , leave of their trade ; and in london , put many private families to brew their own drink . the three nine pences upon beer and ale will not amount to much more than , l. per annum ; and if , as is alledged , they are the real cause the old revenue is diminished yearly , l. the publick gets but , l. per annum , by a tax that will be a long and very grievous burthen upon all the barly-land of england , and which is particularly heavy upon one trade , otherwise enough oppressed by the quartering of soldiers . 't is true , these duties were a present expedient , and did help out towards the supply of the war ; but for a long time hereafter they will apparently very much diminish the ordinary revenue of the crown . of poll-money . there is nothing can make it better apparent how displeasing poll-money is to the people , than the observation how ill it is brought in , and answered to the king. for where taxes seem hard and oppressive , in particular to the poor , the country gentlemen proceed in the levying of them with no zeal nor affection . the first single poll that was given in this reign , amounted to , l. s. / ● with which the quarterly poll holds no manner of proportion . 't is true , the qualifications are taxed differently in the two acts. money is charged in the first , and not in the second , and titles are put higher in one than the other . but considering how many were brought in by the second act , and at high rates , which were not reach'd by the first , the quadruple poll might reasonably have produc'd near four times as much as the single , and it yielded little more than half . quarterly poll.   l. s. d. london , middlesex , and westminster — , rest of england — , ¼ total — , ¼ single poll.   l. s. d. london , middlesex , and westminster — , ¼ rest of england — , total — , ¼ total of the quarterly poll — , ¼ difference — , ¾ the houses in england , as appears by the books of hearth-money , are about , , , of which , are cottages , inhabited by the poorer sort ; so that we may reckon there are not above , families liable to the payment of poll-money ; and though , in the common computation of the whole people , there may not be above six persons to a house , one with another , yet , in computing the , richer families , we may very well allow them to contain , one with another , seven persons , which would be , , heads ; and reckon but a third part of these qualified within the act to pay four shillings per head , the poll bill on that single article , ought to have produced , l. what the one pound per quarter upon gentlemen and merchants worth l. and such as belong to the law ; and what the ten shillings per quarter upon tradesmen , shopkeepers , and vintners worth l. might have yielded , is difficult to compute ; but , perhaps the commissioners names in the act of parliament for the monthly assessment , quarto & quinto gulielmi & mariae may be no ill guide in the matter . the commissioners then were about ten thousand , and we may reasonably suppose ( and any gentleman may compute for his own country , and he will find ) that , one country with another , not an eighth part are named commissioners of those persons , who in estate , real or personal , are worth l. and if so , we may reckon there are in england persons lyable to the payment of one pound per quarter ; by which account , the king should have received on that article , l. when we reflect upon the great number of tradesmen , shopkeepers , and vintners that are in england , it cannot seem any extravagant computation to reckon there are persons , of that sort , worth l. and lyable to the payment of ten shillings per quarter ; upon which head the king should have received l. and allowing but l. for all other persons charged by that act , the quarterly poll ought to have yielded to the king. for the common people at s. per head — l. , for the gentlemen , &c. at l. per head — l. , for tradesmen , &c. at l. per head — l. , for other persons charged by the act — l. , in all — l. , but there was receiv'd only — l. , s. d. ¼ the principal articles in this computation seem very much confirmed by what the first poll yielded ; for if there had not been in england about , , persons who paid d. per head , and about eighty thousand of the sort who paid one pound per head , that poll could not have produced in the country only , l. s. d. for money and titles were generally charged in london in the poll now in being , such are charged who are worth in estate , real or personal , l. which may make some difference in the second article ; but the third article should now increase , considering all persons , by this act , are to pay ten shillings per quarter that are worth l. in estate real or personal , which seems to take in stock of all kinds ; whereas in the former act , only tradesmen , shopkeepers , and vintners were comprehended ; so that if the present poll were strictly collected , it would produce about , l. and yet , as far as can be judged by the accounts hitherto come up , it is not like to yield so much money as the former . when a tax yields no more than half what in reason might be expected from it , we may plainly see it grates upon all sorts of people , and such ways and means of raising money should be rarely made use off by any government . of the new customs and duty upon tunnage . some people , who contemplate the greatness of england , and the figure it made in the world during the former part of queen elizabeth's reign , and some time before , are led to think we were stronger without trade than with it . perhaps trade in general may have been hurtful to mankind , because it has introduced luxury and avarice , and it might be better with us if we still liv'd in the innocence and plainness of our fore-fathers . but the circumstance of time , and and the posture other nations are in , may make things absolutely necessary , which are not good in their own nature . war is the occasion of cruelty , wickedness , and injustice , yet an unwarlike nation can enjoy no safety . since france , spain , italy , and holland have addicted themselves so much of late years to trade , without that naval force which trade produces , we should be continually exposed to the insults and invasions of our neighbours . so that 't is now become indispensably our interest , to encourage foreign commerce , and inlarge it as much as possible . instead of loading that part of our strength , we ought to court and nurse it up with all imaginable art and care ; 't is a coy and fantastical lady , hard to win , and quickly lost . with high customs we spoil industry , discourage the merchant , and may in time drive trade to take some other chanel ; and there is hardly an instance to be given of a nation , may be not of any single city , that having once lost trade , could ever recover it . war , and the scarcity of money , are sufficient discouragements to foreign commerce , without burthening it with new impositions . and perhaps it may be worth while to consider , whither hereafter , in time of a profound peace , if part of the customs were taken off , and some excises given in their room , such an exchange might not be very beneficial to the nation . if the stock of the merchant were greater , he would be in a condition to have a bigger trade . if it were not for the great duties that must be paid for customs , the same stock would carry on double the trade . 't is true , that excises would have the appearance of affecting land more than customs . but 't is , because the views of men are short , and generally confined to their own narrow interest ; and they do not duly consider how much their private concerns depend upon the publick welfare of trade , and how much the value of land is improv'd since our trade has augmented , even from twelve to twenty four years purchase ; nor how much more of their product and manufactures would be exported , if trade wore free without clog , and in its full prosperity . 't is granted that excises would something affect the landed man , who is the first seller , but if the customs were lessened , the price of all foreign goods would diminish to the buyer ; and considering how great a part that is of every man's expence , the country gentleman would get in the shire what he looses in the hundred . in nations , where the government cannot subsist without charging every thing , they lay perhaps great customs ; but , wherever the publick can otherways be maintain'd , the customs are low , for the encouragement of the merchant , who deserves all favor , as being the best , and most profitable member of the common-wealth . of all the new impositions , nothing is thought to lye so heavily on trade , as the duties upon the tunnage of ships . it seems to pull down at once a great part of what the nation had been so carefully rearing up by the act of navigation . and that tax is an instance , how much compassion for private cases does more prevail in this country , than the sense of publick good. for it was once designed to raise the money , which was wanting at the latter end of the sessions , by laying a new duty upon wine ; but because that was complained of as very burthensome to the spanish and portugal merchants , a charge upon tunnage was pitched upon , which in its consequence may prove very pernicious to the general trade of all england . of the monthly assessment and aids by a pound rate . subsidies , fifteenths , and tenths , were the antient ways and means in this kingdom of supplying the government . but what estates , and in what manner land● was thereby rated , is a matter very perplexed in our records , and would ask more time to explain , than the brevity designed in this essay will admit off . lord cooke , inst . . p. . and . values a subsidy at , l. and tenths and fifteenths at , l. and says they were four shillings in the pound upon land , and s. d. upon personal estates . it seems probable , that for a long time there had been no survey made of the land in england till hen. . and that for some ages they had governed themselves by the ancient books . but the affairs of that king requiring then a great sum of money , the parliament charged land with d. per pound , and personal estates with d. and the king had liberty to name commissioners of his own . the assessors were to be upon oath , and had power to examine upon oath , all persons of the true value of their estates , real and personal . the same thing was done and and hen. . and edw. . and and edw. . and and philip and mary . and , in these times , there was in a manner a new survey made of all the land in the kingdom , and thereupon the subsidies that came after , raised larger sums than formerly . for we find from the accounts in the exchequer , that from eliz. to , inclusive , the subsidies , one with another , amounted to at least , l. but from eliz. to jac. . in which time we cannot find there was any regular and strict survey made , the subsidies fell to , l. or thereabouts ; for which no reason can be assigned ( land improving all the while ) but that , when there had been no survey made for a long while , and the assessors were left at large , the people naturally returned to the rates in the old books . how ancient the inequality is between the taxes in the north and west , and the home counties , so much complained of , cannot easily be traced ; for in an assessment of , l. and car. . we find the rates upon the northern and western counties to lye just as they do in our present assessment ; and tho' there might be some reason to ease the north in that tax , because those parts had been great sufferers by the scotch army , yet in , when that act passed , the sword of civil war was not as yet drawn ; and the west and other counties had not yet at all been harrassed ; so that the favour which the north and west have met with in land taxes , is a little older than the civil war , and may be attributed to that care , which the great number of members they send up , have always had of their concerns in parliament . when the civil war broke out , the common-wealth chiefly subsisted by excises , for they could gather land-taxes only where they were strongest . in , their authority was generally own'd over all the nation , and then they began to raise land-taxes regularly by a monthly assessment . when the war was over , there was real reason to ease the north and west , and accordingly the parliament considered what counties had least felt the war , those in their assessments they rated highest , and they spared such places as had been most harrased by the armies of either side ; and this was the distinction they made ( and not as is vulgarly thought ) that of associated or nonassociated counties ; for most counties of england , during that war , had been some time or other associated , and by ordinance of parliament . but still perhaps it had not fared so well with the north and west , notwithstanding their sufferings , if their cause had not been maintained in the house of commons by a sufficient number of friends and advocates . the places which had been least sensible of those calamities , or were soonest rid of them , and that had been under the wings of the parliament , and their army , were london and middlesex , surry and southwark , hertfordshire , bedfordshire , cambridgshire , kent , essex , norfolk , suffolk , berks , bucks , and oxfordshire . and they kept to the same measure of favouring the distant counties , and laying the chief burthen upon those nearest london , as long as the authority of the common-wealth lasted . when king charles the second was restored , the northern and western gentlemen were strong enough in the house of commons to get continued the method of assessment then in practice , which was so favourable to them ; and in the act car. . for raising , l. for one month , 't is particularly provided , that it shall be raised in such proportion as the last , l. per month was raised by ordinance of state ; since which time till now , the counties distant from london , have continued in the constant possession of being favourably handled in all assessments . the first attempt of reducing assessments to some equality , was made in the year . the house of commons , as may be seen from their journals , had then in debate the setling , l. per annum , in compensation of the court of wards and liveries ; and a committee was ordered to frame and bring in an equal aportionment of the said sum upon all the counties of england ; which was done accordingly , and delivered to the house november the th , , and is as followeth . yorkshire west riding — l. north riding — l. east riding — l. — l. devon — l. essex — l. kent — l. suffolk — l. norfolk — l. somerset — l. bristol city — l. lincolnshire — l. hampshire — l. cornivall — l. wiltshire — l. london — l. middlesex — l. dorset shire — l. northampton — l. gloucester — l. hertford — l. buckingham — l. sussex — l. surry — l. cambridg and isle of ely — l. shropshire — l. berkshire — l. oxfordshire — l. leicester — l. hereford — l. l. warwick — l. worcester — l. bedford — l. stafford — l. nottingham — l. darby — l. lancashire — l. cheshire — l. rutland — l. huntington — l. northumberland — l. durham — l. cumberland — l. westmorland — l. monmouth — l. anglesea — l. brecknock — l. cardigan — l. carmarthen — l. carnarvan — l. denbigh — l. flint — l. glamorgan — l. merioneth — l. montgomery — l. pembroke — l. radnor — l. l. l. total is — l. , this aportionment was many months in forming , and made , no doubt , with great deliberation and judgment , since all the most considerable men of those times were of that committee . 't is apparent , that in the assessment of the rates upon each county , and by comparing the sums , it may be seen , that they chiefly governed themselves , by the proportions which had been observed in rating the ship-money . they had before them the assessment of the , l. and car. . which , because it was made in parliament , they would , no doubt , have followed , if they had not judged it partial . but it seems they rather chose to follow the rates observed in assessing the ship-money , as having been laid by persons who had not the same reason and interest to favour one country more than another . ship-money was an arbitrary and illegal tax , therefore it concerned the contrivers of it to lay it as equally upon the nation as possible ; for it would have been a double grievance to the people , if it had been imposed , both against law , and also with partiality . on the contrary , it imported the ministers of that time to give their new invention all the fair colours imaginable , and to make that , which was unjust in its nature , at least just and equal in its manner ; and no doubt , in the rating of it , they had duly weighed and considered the strength and weakness , riches and poverty , trade and fertility , and every circumstance of each particular county ; with some regard also to the proportion it bore in the ancient subsidies . and , upon these grounds , 't is more than probable the committee of the house of commons proceeded in , when they made the ship-money their model and pattern of a fair and equal assessment . since the late war with france , land has been tax'd in different manners , by an assessment , and by a pound rate ; but both ways , it will perhaps appear , that the north and west have not born their due share and proportion of the common burthen . the first aid given to their majesties upon land , was by a monthly assessment of , l. s. d. per month , primo guil. & mariae . the second aid upon land was of d. per pound . in this act their majesties had power to nominate the commissioners under the great seal of england , but were advis'd to put in all the same persons again , who had been commissioners in the monthly assessment : the assessors in this act were upon oath , primo guil. & mariae . the third aid upon land was of s. in the pound . in this act the assessors were upon oath , primo guil. & mariae . the fourth aid upon land was by a monthly assessment of , l. s. d. per month , guil. & mariae . the fifth aid upon land was by the same monthly assessment , guil. & mariae . the sixth aid upon land was by a pound rate of s. in the pound . in this act the assessors are not upon oath , guil. & mariae . the seventh aid upon land is by the same pound rate , and the assessors are upon oath , guil. & mariae . in order to show what proportion each part of the kingdom bears in the assessment , and in the pound rate , here is fram'd a table of columns , which shows , . what each county pays in the monthly assessment of , l. s. d. per month. . what each county pays in the single poll. . what each county pays in the aid of s. and . s. per pound . . what each county pays in the quarterly poll. . what each county pays in the aid of s. per pound . . what each county would pay in a tax of two millions , according to the aportionment of . . what each county paid in the assessment of ship-money . . what each county paid in the excise on beer and ale , &c. for the year . . what number of houses in each county , were return'd by the hearth books of lady-day , . . what number of hearths in each county , were return'd for the same time .   a table of the produce of each county in y e● monthly assessm t of , = = ▪ ● month. produce of each county in the poll money st gu●t et mariae . produce of each county in the aid of ●● . & ●● pound the ● . ot guitt & mariae produce of each county in y e quart●●ly poll . et . gutt et mariae produce of each county in y e aid of shitt s : in y e pound quarto guiliet et mariae . produce of each county for two m●tt● according to y e apporlionm● of produce of each county according to the assessm t : of 〈◊〉 ship m●●●y produce of county for excise on beer and ▪ he in y e year numb r : of houses in each county according to y e hearth books of lady day numb r : of hearth in each county according to the books of lady day produce of each county according to it assessm of = th and th caro●●mi : an elimate of the poor rate for one you made in latter end of the charles if th rety bedfordshire — = = = = = = = ¾ = = ¼ = = = = ● berkshire — = = = = = = = = ● = ½ = = ½ = = buckinghamshire — = = = = = ¼ = = = = = = ½ = = cambridgsh ▪ and isle of ely ▪ = = = = = = = = = ½ = = = = chesshire and chester = = = = = ¾ = = ● = = ● ¼ = = ½ = = cornwall = = ● = = = ½ = = = ● = ● = = ½ = = cumberland = = = = = ½ = = = = = = = = ● derbyshire = ● = = = = ¼ = = = = ¼ = = ¼ = = ½ devonshire and exon = = = = = ● = = = = = = = = dorsetshire and pool = = = ● = = ● ¾ ● = = = = = = ½ = ● = durham northumb●land & ba●●● = = = = ● = ● = = = = = = = = ½ essex = = = = = ½ ● = = = = = = = = gloucestersh r ▪ and gloucester = = ● = = = ¼ = = = = = = ● = = horefordshire = ● = = = = ● = = = = = = ½ ● = = hertfordshire = = = = = = = ½ = = ¼ = = ½ = = ● huntingtonshireo = ● = ● = = = ●● / ● = = = = = = ½ ● ● = = kent = = = = = ½ = = = = = = 〈◊〉 ½ ●●● ● = = ½ lancashire = = = = = ¾ ● = = = ● = ● = = ½ ● ●● = = leicestershire = = = = = ¼ = = ½ = = = = ½ = = ● lincolnshire and lincoln = = = = = = = = = ¼ = = ½ = = ½ northamptonshire = = = ● = = ½ = = = = = = ½ = = nottinghamshire = = = = ● = ¾ ● = = = = = = ¼ ●● = = northfol and norrvich = = = = = ¾ = = = = ¼ = = ¼ = = ½ ●● oxfordshire = = ● = = = ¾ ● = = = = ½ = = ● = rutland = = = = = ¾ = = = = = = = = ● salop = ● = = = ● = = = = = = ● = = = staffordsh r : and litchfield = ● = = = = ½ = = = = = = ● = = somersettshire and bristl = = = = = = = ½ = = ¼ = = = southamptonshire = = = = = ¾ = = = = = = ½ = = ● southfolk = = = = = ● = = = = ¾ = = ½ = = ● surry and southwark = = = = = ● = = = = ● = = ½ = = sussex = = = = = = = ½ = = ● = = ½ = = warnvicksh r and coventry = = = = = ¼ ● = = = = = = = = worcestersh r and worcester = = = = ● = ½ = = = ● = ● = = ½ = = wiltshire = = = ● = = ¼ = = ½ = = ½ = = ½ = ● westmorland = ● = = = = ● = = ● = = = = = = ½ yorksh r : w th : york and hull = = = = = ½ = = = = ¾ = = ½ = ● wales north and south = = = = = ¾ ● = = ● = = = = = = ● london midd x : & westminst : = = = ½ = = ½ = = = = ¾ = = = = ● grand totals , , = , = = ½ , , = = ½ , = ● ¼ , , = = ¼ , , , , = = ¾ , , , , , = = 〈…〉 home countys viz. surry & southw r● 〈…〉 cambdg kent essex norfolk suffolk berks bucks & oxon total is , = , = = , = ● = ¾ , = = ¼ , = = ½ , , , = = ¼ , , , = = , 〈…〉 of england excluding lond : middlesex ● 〈◊〉 total is , = , = = , = = ¼ ●, = = , , = = , , , , = = ½ , , , , = = , . what each county paid in the assessment of , l. & car. . . an estimate of the poor rates , upon each county , by a reasonable medium of several years , made towards the latter end of king charles the seconds reign . there is likewise summ'd up at the end of this table in two separate articles . first , the amount in each particular of the eleven home counties , which are thought in land taxes to pay more than their proportion , viz. surry with southwark , hertfordshire , bedfordshire , cambridgshire , kent , essex , norfolk , and suffolk , berks , bucks , and oxfordshire . secondly , the amount of the other counties of england and wales , exclusive of london , westminster and middlesex , which , because they would over ballance either side , are to remain out of the contest . the excise , and number of houses and hearths , are no ill measures to form a judgment by , of the trade , wealth , and abilities of a country . particularly , sir william petty , who was esteem'd the best computer we ever had , in all his political arithmetick , both for england and ireland , did very much govern himself by the hearth-money . some light may be also had in this matter , from the late polls which have been in the kingdom . the article of ship-money , shows how persons unconcern'd , did think each county ought to be rated . the aportionment of , makes it appear what was the opinion of a very able committee of the house of commons , upon this subject . the aid of s. and s. in the pound , set down in the table , shows that a pound rate has rais'd more , in proportion , than it does at present ; for if s. in the pound did raise , , l. s. d. ⅕ . four shillings in the pound ought to raise , , l. s. d. ¼ . the poor rates , set down in the table , may be very useful to such as love computations , and who are inquisitive into the common business of the nation , and desirous to know its strength and weakness . it was collected with great labour and expence , by mr , ar. mo. a very knowing person . he had not the account of wales , but according to the proportion wales bears to the rest of the kingdom in other taxes , the poor rate there must have been about , l. so that the poor rate , at that time , through the whole nation , was about , l. by the comparison of all these particulars , some light , peradventure , may be given , and computations made , that will a little help to the forming a right judgment ; how all parts of the kingdom may be rated in a land tax , with somewhat more of equality . but the observations and inferences , which shall be made from this table , are humbly submitted to such as take delight in calculations of this kind ; and 't is hoped such a scheme will set better judgments , and abler heads , to work , upon a matter that deserves so well to be effectually consider'd . all substantial merchants will acknowledge , that stealing customs , and running goods , is against their common interest , because such as have that art , are not upon an equal foot of trade with the rest . in the same manner , where a tax is unequally levy'd , the gentlemen are not upon the same foot of maintaining their port , and providing for their families , which cannot consist with the public good. from the table here set down , there may be made these observations . first , that it evidently appears several ways , that the north and west , or the counties that lye towards the north and west , are at least two thirds of england , reckoned without london , westminster and middlesex . secondly , that there is good ground to conjecture , that the north and west , or the counties that lye towards the north and west , are near three fourths of the kingdom , reckon'd without london , westminster and middlesex . thirdly , that from a general calculation of the whole , there seems good reason to believe , that london , middlesex and westminster , are not above one tenth part of the kingdom . in the excise on beer and ale , the north and west , compar'd with the eleven home counties , are as , l. is to , l. which is two full thirds . in the number of houses , the north and west , compar'd with the eleven home counties , are as , , are to , houses , which , is about fourths . in the number of hearths , the north and west , compar'd with the eleven home counties , are — as , , are to ▪ hearths , which is much above two thirds ▪ in the single poll , the north and west , compar'd with the eleven home counties , are — as , l. is to , l. which is about two thirds . in the quarterly poll , the north and west , compar'd with the eleven home counties , are — as , l. is to , , which is about two thirds . in the assessment of ship-money , the north and west , compar'd with the home counties , are as , l. is to , l. which is two full thirds . in an assessment of two millions , according to the apportionment of , the north and west , compar'd with the eleven home counties , would be — as , , l. is to , l. which is about thirds . in the poor rates , the north and west , compar'd with the eleven home counties , are — as , ▪ is to , , which is near two thirds . so that it appears here plainly , by eight different instances , the north and west are at least two thirds of the kingdom , reckon'd without london , westminster and middlesex . according to which calculation , the monthly assessment which runs thus , north and western counties - l. , the eleven home counties - l. , london , westm . and middlesex-l . , total — l. , , should run thus : north and western counties - l. , the eleven home counties - l. , london , westm . and middlesex-l . , total — , , so in the pound rate of s. in the pound , according to this calculation , if the eleven home counties , which are but one third , raise , l. the other two thirds should raise , , l. and the pound rate which runs thus , north & western counties - l. , , the eleven home counties - l. , london , westm . and middlesex-l . , total — l. , , should run thus : north & western counties - l. , , the eleven home counties - l. , london , westm . and middlesex-l . , total — l. , , but , all things duly consider'd , there seem very probable reasons to believe , the north and west are three fourths of the kingdom , reckon'd without london , middlesex and westminster . for , as to the excise , all who know that revenue must grant , that in the north and west , the country in many parts is so wild , and the houses lye so dispers'd , that the retailers cannot be so well watch'd as in the home counties , where the dealers are in a narrower compass , and have less opportunities to deceive the king's officers . more private families take their drink of the common brewers , in the counties near london , than at a distance , which swells the excise of the home counties . setting that aside , and if the revenue could possibly be as well watch'd in the distant parts as it is near london , the excise of the north and west would , probably , answer near three fourths of the whole , without london , &c. as to the polls , 't is notoriously known , that the payment for degrees and qualities of persons , is by no means so narrowly looked after and exacted in the north and west , as in the home counties ; and if it were , the poll-money in the north and west , would in all likelihood answer three fourths of the whole , reckon'd without london , &c. as to the north and west , bearing no higher a proportion , in the poor rate , than scarce two thirds with the rest of england , there is , perhaps , this to be said , that , in the distant parts , provisions are cheaper ; so they maintain their poor at an easier rate than in the counties near london . in the north and west , their manufactures afford employment to the poorer sort ; and there are not so many there , who live upon the charity of others , as near london , where luxury and idleness abound . as to the proportion each county bears in the ship-money , and as to the rates which would lye upon each county in an assessment of two millions , pursuant to the aportionment of , though the proportions are both ways laid with more equality than in our present assessment , yet we are to consider , that in those times , when they judg'd the eleven home counties to be a third part of the kingdom , it was , in respect of the improvements of land , earlier known , and made use of , near the capital city , than at a distance from it . the ship-money , of which the aportionment in is a copy , began to be levied in ; at which time we may well imagine , that near london , all sorts of ways to meliorate land were found out , and put in practice , such as disparking parks , grubbing woods , inclosing and dreining fenny ground , &c. so that the home counties , which were scarce a seventh part in quantity of acres , to the rest of england , might , in the year , be well judg'd a third part in the value of rents . but the various ways of improving land , are now of late years got into the northern and western counties ; clover , cinqfoin , trefoin , marl , and lime , are particularly beneficial to countries that have great store of barren ground . the north and west of late years , have had a greater proportion of foreign trade than the home counties . the use of sea-coal in london , has more than trebled of late years , which is a great advantage to the north. the prohibition of irish cattle , is wholly beneficial to the northern and western counties , and has improv'd their land , and is hurtful to the rest of england . land seems to have been almost at the height of its improvement , and near the rack rerit , about the year , in the eleven home counties . and in the north and west , it has been ever since improving ; so that , in all probability , those counties which were formerly rated as two thirds , may now be esteem'd and valued as three fourths of the kingdom . upon the whole matter , the hearth-money seems the best measure to form a judgment by , of the wealth of each county ; and , by consequence , what proportion it ought to bear in any land-tax . for , from the number of houses , we may compute the people . where the numbers of people are , generally speaking , there are the manufactures , and consumption of home commodities ; there is the wealth and trade ; and there land improves , and rents are highest . in the number of houses , the north and west , are about three fourths of the kingdom . from whence , upon probable grounds , may be inferr'd , that the north and west are three fourths of the rents and value of england , still reckoning without london , &c. and if so , and if the eleven home counties are but a fourth part , the monthly assessment should run thus :   l. s. north and western counties — , , the eleven home counties — , london , westm. and middlesex . — , total — , , and it likewise follows , that if in the pound rate of s. per pound , the eleven home counties , which are here reckon'd but at a fourth part of the kingdom , produced , l. then the north and west , which are three fourths , should produce , , l. and a pound rate of s. in the pound , throughout the whole kingdom , would be , north and western counties — l. , , the eleven home counties — l. , london , westminster and middlesex-l . , total — l. , , it may be seen , in the accompts of the exchequer , that , in the ancient subsidies , the north and western counties have been all along favour'd , and the reasons for it may be easily assign'd . vvorcestershire , gloucestershire , herefordshire , shropshire , and cheshire , were subject to the incursions of the vvelsh . the four northern counties , and yorkshire , were always to be upon their guard , against the inroads of the scotch . the western parts lay exposed to descents , and invasions of the french ; so that the private and particular charge in their defence , which lay upon those counties more than others , might be a sufficient cause to give them ease in all public burthens . the parliament , & car. . in their assessment of , l. plainly took their measures from the ancient subsidies . and with that assessment , car. . agree the rates laid upon each county by the common-wealth . and what the north and west pay in the pound rate , and what is laid upon them in our present monthly assessment , seem to answer it exactly ; all which may be seen by comparing the rates in the table upon each county . but the equity and reasons ceasing , which made our ancestors so favourable to them , and they enjoying the same common protection , and the publick necessities requiring great sums of money ; it seems but just and fair that they should neither favour themselves , nor oppose the being , in all taxes , upon an equal foot with the rest of the nation . the last observation offered from the table , is , that london , westminster and middlesex are not above a tenth part of the kingdom , which , if plainly made out , will clear a great many points , and very much confirm the calculation that has been made of what the north and west might raise in the pound rate . in london , westminster and middlesex , the pound rate of four shillings in the pound seems to have been well and justly levied ( except in the article of money at interest ) and did raise , l. now if we could come at an exact knowledge , what proportion the rents and value of those places bear to the rest of england , it would be a very good guide to the forming a computation , what the pound rate , fairly and impartially levied , would raise in the whole kingdom . in the aid of shillings per pound , london , westminster and middlesex , compared with the rest of england , are — as , l. is to , , l. which is near a sixth . in the assessment of l. and car. . london , westminster and middlsex , compared with the rest of england , are — as , l. is to , , which is near a seventh . in the present monthly assessment , london , westminster and middlesex , compared with the rest of england , are — as , l. is to , , l. which is above a tenth . in the single poll , london , westminster and middlesex , compared with the rest of england , are — as , l. is to , l. which is about a fourth — in the quarterly poll , london , westminster and middlesex , compared with the rest of england , are — as , l. is to , l. which is about a sixth . in two millions , according to the aportionment of , london , westminster and middlesex , compared with the rest of england , are — as , l. is to , , l , which is about a fourteenth . in the ship-money , london , westminster and middlesex , compar'd with the rest of england , are — as , l. is to , l. which is about a tenth . in the excise on beer and ale , london , westminster and middlesex , compared , with the rest of england , are — as , l. is to , l. which is about a fifth . in the number of houses , london , westminster and middlesex , compared with the rest of england ; are — as , is to , , houses , which is near an eleventh . in the number of hearths , london , westminster , and middlesex , compar'd with the rest of england , are — as , is to , , hearths , which is about a seventh . in the poor rates , london , westminster and middlesex , compar'd with the rest of england , are — as , l. is to , l. whatever proporation london , &c. bear to the rest of the kingdom , 't is plain , in the four shilling aid , they pay as about a sixth part of the whole . 't is true likewise , that in the assessment of , l. and car. . they are valued at about a seventh part ; but we are to consider the circumstance of that time ; the parliament wanting a present sum to pay off the debts they were engaged in , which no place could so soon raise as london . in the single poll they seem about a fourth part ; and in the quarterly poll , much about a sixth ; and the reason of the difference is in the single poll , the payment for qualities and degrees of persons was strictly exacted in london , and not in the country ; which swells the article of london . in the quarterly poll it was neither looked after in the country , nor in london , which we see paid little more to the quarterly poll than to the single . but in both polls , and both for london and the country , if we deduct from the whole sum , what was paid on the account of degrees and qualities , it will be found that london , westminster , and middlesex answer about a tenth part of the kingdom . in the excise they appear to be about a fifth part ; but the reason for that is obvious , because in london , almost all pay excise for their drink , which is not so in the country , but in the consumption of malt , london , &c. will be found about a tenth part of the whole . in the number of hearths they seem about a seventh part ; the reason of that is also apparent , for that in the country , to save the duty , the common people took away such hearths , of which they had not absolute use . but in number of houses , london , westminster and middlesex are not an eleventh part of the kingdom . and by the monthly assessment it appears , that the parliament have judged them about a tenth part . in the apportionment of , l. upon the whole nation in the year , they are valued and rated at about a fourteenth part . in the assessment of ship-money , at about a tenth part . and in an assessment of , l. given to harry the seventh , in lieu for that time of the aid , pur fair sitz chivaleer & pur file marrier rot. parl. har. . n o. . london , westminster and middlesex are rated at but l. s. d. which is about a thirty third part of that tax . and in the poor rate , they appeared to be about a twelfth part of the whole . upon the whole matter , from the foregoing instances , and many others that might be given , it seems very probable that london , westminster and middlesex have been generally esteemed , and are about a tenth part of the kingdom . but the instance which relates to the number of houses , is what we may reasonably lay most weight upon in the present dispute ; because the , l. which they pay in the four shilling aid , does most of it , without all contradiction , arise from the rent of houses . if indeed money were strictly inquired after , and if the charge upon personal estates made up a great part of the forementioned sum , the comparison might not hold ; because the great stocks of money are in london ; but though money be charged in the act , the law has not been able , hitherto , to reach it effectually . now , to raise the sum of , l. the general rental of london , middlesex and vvestminster must be upwards of a million and a half per annum . and if the rental of the eleventh ( but suppose them a tenth part of the whole ) be a million and a half , the general rental of the kingdom must be fifteen millions per annum . and if the general rental of the kingdom be fifteen millions per annum , the aid of four shillings in the pound ought to raise three millions . if , houses in and about london , with no more ground than what they stand upon , are , in rent , one million and a half per annum , it is hardly possible but that the , , houses in the country , with all the land about them , and all the benefits that attend land , must be in rent thirteen millions and a half per annum . and whoever considers this seriously , will perhaps be inclined to think , that the four shilling aid would raise at least three millions , if it were levied in other parts of england with the same care and exactness as it is in london , vvestminster and middlesex , which are under the eye and influence of the government . and if the aid could be brought to raise such a sum , the war would almost be maintained by the charge upon land only . 't is notoriously known that a great many persons , both in the assessment and aids , pay a full fifth part of their estates ; if the rest did so , all would be upon an equal foot ; which , in justice and reason , the subjects of the same prince should be in every good government . but this will be very hard to compass in that long possession many countries are in , of being favourably handled in all taxes . 't is true , in the present aid the assessors are upon oath , but , in matters of revenue , it has been always found that oaths are very little regarded . if in the customs and excise all entries were to be made upon oath of the parties , and the king had no other hold , he might indeed save the charge of officers , but he would see very little from those revenues . the officers in the customs and excise are upon oath ; but if there were no other checks upon them , those branches would turn to small account . and we see in the present charge upon interest-money , how little scruple men make of swearing not to have l. who are generally thought to be worth , l. taxes can never be equally levied where the people are left to themselves , or with no other check upon them , but their own consciences . therefore it was the ancient prerogative of our kings , to name their own commissioners for the levying and collecting such aids , fifteenths , and tenths , as their subjects gave them : which may be seen by the old commissions , ad assidendum & colligendum , that were wont to accompany grants of that nature . in that aid which was granted to harry the third , when magna charta passed , there is the form of that commission , vid. rot. pat. . h. . m. . dorso . and such commissions passed several times after , vid. rot. pat. . edw. . p. m. . rot. pat. . edw. . p. m. . rot. pat. . edw. . ps . . m. . rot. pat. . edw. . ps . m. . rot. fin. . edw. . m. . and in the other grants that came afterwards , the king is desired to issue out his commissions for the levying of them , as customably . vid. rot. parl. . rich. . n o. . rot. parl. . harry . n. . rot parl. . harry . n. . where the commissioners have power to examine all parties upon oath of the true value of their estates . in the reign of harry the sixth , there is an authority given to one lord , and the two knights of the shire in each county , who seem to have been in the nature of commissioners , to see that no wrong be done in the distribution of l. which was to be deducted out of the aid for decay'd towns and places . vid. rot. parl. . h. . n. . the first time we find commissioners named in parliament for the levying tenths and fifteenths , was in edward the fourth's reign , who was a luxurious prince , and gave the people reason to suspect his conduct . vid. rot. parl. . edw. . n. . and . edw. . n. . the records are both dark enough , but the parliament seems there to name commissioners , whom the king shall authorize under the great seal , to assess and levy the aid , and that the money so levied , shall remain in the hands of the collectors , to be appointed by the king in chancery , unto the time that proclamation shall be made by the king of his musters . the parliament suspected an aid was desired , and no war intended , so that their guift seems conditional , and they name commissioners , to see to the due performance of the trust . but afterwards , in the reign of harry the seventh , the occasion of naming commissioners in parliament , seems a great deal more apparent . for that covetous prince was wont to ask great aids of his people , on pretence of wars , that were never intended , therefore the aids which were given him the twelfth of his reign were , upon this condition , to be levied upon the people , if the war proceeded ; but not to be levied if a peace or truce ensued before they came to be due : and it was upon the score of this trust , that in all probability , the parliament named commissioners of the shires , with the justices of the peace to be associated . vid rot. parl. . h. . n. . and n. . but commissioners have been several times since named by the king ; as and hen. . and edw. . and edw. . and phil. and mary , and car. . but there is a president for this in the first year of their present majesties reign ; and if , pursuant to the powers given in that act , the king had named commissioners of his own in every county , for levying the aid of one shilling in the pound , there might have been a new survey made of all the rents in england ; and , in all likelihood , such sums would have been raised upon land only , as might have near answer'd all the necessities of the government . the second pound rate did not raise so much in proportion as the first ; and there is ground to think this last shiling aid will not raise so much as the former : and there is reason to believe , the aids by pound rate will every time grow less and less , ( like the subsidies in the latter end of queen elizabeth's , and beginning of king iames's reign ) unless there be a new , and regular survey made of land. for let the dangers from abroad , and the wants at home , be never so pressing ; no doubt , most men , if they are left to themselves , will be glad to save their money ; and will rather consult their private interest than the public good. but if the king , as was always practis'd in ancient times , had power to name commissioners ; and if all people were bound under great forfeitures , to give in a true rental of their estates , or a true estimate of what they keep in their hands ; and if the commissioners had power to examin any person ( other than the party himself ) upon oath , of the true value of each man's estate , there is hardly any doubt to be made , but that an aid of four shillings in the pound would raise three millions . and if land could raise that sum , the nation need not be put to such dishonorable and dangerous shifts of raising money , as are new projects , fresh impositions upon trade , and fonds of perpetual interest ; which , if they are made use of as the constant ways and means of supplying the war , must in all appearance very quickly destroy our foreign commerce ; and , by consequence , bring universal weakness and poverty upon the whole kingdom . but there is nothing too hard for the wisdom of a parliament to bring about ; which , perhaps , may find a way to levy the pound rate justly and equally in all counties , without giving the king power to name commissioners . the ancient subsidies did usually consist of a charge by poll , a pound rate upon land , and a pound rate upon money , and personal estates ; so that all sorts of people did contribute something in the old way of taxing , but such as for their poverty were exempted . the usurers , who are the true drones of a common-wealth , living upon the honey without any labour , should , of all people , be brought in to bear their proportion of the common burthen . as yet , they could never be effectually reach'd , but they may be fetch'd in by the wisdom of a parliament , if the house of commons would please resolutely to set themselves about it . what a pound rate of four shillings in the pound , upon money , might produce , is very hard to compute , because , in that matter , there is scarce any rule or measure to go by ; but supposing money at interest to be a sixteenth part ( as some think ) of the annual value and income of england , there is then twenty millions of money at interest , ( which may be , and yet not a third part of that sum , in specie , in the kingdom ) and if there are twenty millions at interest at five per cent. a pound rate of four shillings in the pound , upon money , would raise , l. that which has made quarterly polls so distastful , is charging the poorer sort ; but if they were all exempted , a quarterly poll well levied might raise , l. and here it may not be amiss to take notice , that if , in the pound rate upon land , one shilling were taken off from the landlord , and placed upon the tenant , it would ease those who have born all the weight ; nor can it seem oppressive to the tenants , considering how well they have fared hitherto . so that a mix'd aid , by a pound rate upon land and money , and by a quarterly poll , all carefully levied , might raise by four shillings , pound rate , upon land — l. , , by four shillings , pound rate , upon money — l. , by a quarterly poll — l. , total — l. , , which , without any new ways and means , would come very near raising that sum to which the expence of the war has hitherto amounted . if in a war that is so expensive , and is thought so necessary for our preservation , all people would agree to promote equality , no doubt great sums might be raised in this nation , and the country , in all aids , would be found to answer as well as london . that london , westminster and middlesex , pay about a sixth part in the aid , is very plain ; and that they are not above a tenth part of the kingdom 's general rental , is very probable . what proportion in other wealth and substance london bears to the rest of england , is very hard to determine . but some landed man will start up and say , 't is true , london bears a sixth , it ought to bear a half , it has all the wealth ; and the immoderate growth of that city undoes and ruins all the country . it may therefore be well worth the enquiry of thinking men , what truth there is in this common and receiv'd notion , that the growth of london is pernicious to england ; that the kingdom is like a rickety body , with a head too big for the other members . for some people , who have thought much upon this subject , are inclin'd to believe , that the growth of that city is advantageous to the nation , and they seem to ground their opinion upon the following reasons : that no empire was ever great , without having a great and populous city . that the romans drew all the conquer'd cities of italy into rome . that the people of attica were no better than a crew of rude herdsmen ; and neither flourish'd in war , nor in civil arts , till theseus perswaded them to inhabit athens . that the greatness of london will best preserve our constitution , because , where there is a great and powerful city , the prince will hardly enterprise upon the liberties of that people ; in the same manner , a rich and powerful city seldom rebels upon vain and slight occasions . on these grounds , and many others , some people are led to think , the growth of london not hurtful to the nation ; but , on the contrary , to believe that there is not an acre of land in the country , be it never so distant , that is not in some degree better'd by the growth , trade , and riches of that city . perhaps , if all the wealth and substance of london could be truly rated , in a tax of four millions , that city would pay a fourth part without any hardship to it . but , probably , there is nothing but excises that will truly and equally rate all sort of wealth , and substance , and bring in all sort of persons , chiefly those in great cities , to contribute in the public burthens . we have now gone through the chief vvays and means , hitherto made use of , for carrying on the present war , in which an impartial land-tax is chiefly recommended , as most agreeable to the ancient constitution of this kingdom . if it shall be thought expedient to go by the way of a monthly assessment , the aportionment of , seems a more equal distribution of the common burthen , than has been as yet made use of : according to which , the home counties would pay as they do now ; london , westminster and middlesex , may be rated at the sum they have paid in the aid of four shillings in the pound . and the assessment would run thus : northern and western counties — l. , , the eleven home counties — l. , london , westminster and middlesex — l. , / total — l. , , ¾ a far larger sum might indeed be produced by a pound rate , equally and impartially levied through the whole kingdom . but some will object , that to levy a pound rate strictly , by commissioners of the king 's naming , may occasion oppression and discontents in the country ; and that such a method of raising taxes , may create so many officers among the best of the gentry dependant upon the court , as may be dangerous to liberty . besides , the northern and western counties , especially such as lye most distant , will affirm , that out of the same value in estates , they are not able to pay the same pound rate , because their rents are not so well paid ; their returns , and markets , are not so quick ; and they taste not that benefit of the trade , and greatness of london , in the same degree as the home counties . it may be likewise objected , that land-taxes in general ( and chiefly if strictly levied ) must be very ruinous to the gentry , if the war should continue for any long time . and since , to a wise and vertuous prince , no sum of money can be desirable , that is levied with the oppression and discontent of his people , it may not be amiss to enquire , what other ways there are of supplying the war , which may be more casie to the nation . excises have had an ill repute with such as have not throughly weighed and compared them with other taxes ; but , however , it may not be improper to examine a little into the nature of such a fond of revenue , to what degree it would supply the war , and how far it may be consistent with the safety of our constitution . of excises . excises seem the most proper ways and means to support the government in a long war , because they would lye equally upon the whole , and produce great sums , proportionable to the great wants of the public . it appears from the books of hearth-money , that the families in england are about thirteen hundred thousand ; so that , allowing six to a family , the people of england may be computed at above seven millions . sir william petty reckons the common mass of mankind to spend in their nourishment , and living of all sorts , one with another , about seven pound a year a-piece ; by which computation , there seems yearly to be spent in england about forty nine millions ; of which , land and rents in london , according to what they pay in the present aids , appear not to be above ten millions ; and trade may be now esteem'd at six millions ; the other thirty three millions are spent from sciences , arts , labour , industry , manufacture , retailing of foreign goods , and buying and selling our home commodities . now in taxing the people , we have hitherto gone chiefly upon land , and foreign trade , which are about one third part of the strength of england ; and the other two thirds of its strength we let escape . so that usurers , lawyers , tradesmen , and retailers , with all that troop that maintain themselves by our vice and luxury , and who make the easiest and most certain gain and profit in the common-wealth , contribute little to its support ; all which , by excises , would be brought to bear their proportion of the common burthen . of the thirteen hundred thousand houses that are in england , it appears , from the books of hearth-money , that five hundred thousand are cottages of one chimney . suppose most of these to be poor families , and that they contribute little to any tax , yet if the other eight hundred thousand families paid in several excises but six pound a year , one with another , the whole amount would be , , l. per annum ; which shows what great sums excises are capable of producing . but the disproportion , between what the rich and what the poor consume , would make this fall easily upon the poor , and not very heavily upon the richer sort . the duties upon beer and ale , are an instance of the value of excises , which at s. d. per barrel upon strong , and d. per barrel upon small-beer , and d. per gallon upon brandy , produced , in the year ending june , clear of all charges , , l. and , if one branch of our consumption would yield such a sum , what would an excise produce , laid upon several other commodities and manufactures , charging the things of luxury high , and the necessaries of life but at a low rate ? that kind of revenue must needs be very great , where so large a part of the people are every minute paying something towards it ; and very easie , where every one , in a manner , taxes himself , making consumption according to his will or ability . venice and holland , two jealous common-wealths , have not thought excises dangerous to liberty . they are the strength and support of our neighbouring monarchies , especially france ; and if we are to contend with that king , the combat will be with very unequal weapons , if we must make use only of land-taxes and customs , against his excises , and all his other ways of raising money . but it may be objected , that no excise can be laid , but the price of the commodity will rise , which will hurt our manufactures , hinder consumption , and so prejudice the landlords and farmers of england . but that objection would be quite remov'd by a good law of assize ; without which , any new excises may indeed be of evil consequence . the laws of assize were made to increase consumption , and give the common people the benefit of plenty : as the price of corn falls , the weight of bread should encrease ; and if this were strictly look'd after , it would much augment consumption among the common people , who are the great consumers of our home commodities ; and who would consume more , if they might have more for the same money . but this is no where regarded , but a little within the city of london . by this laws not being put in execution , consumption does not encrease as plenty encreases ; neither the farmer , nor the common people , are the better for abundance ; and the benefit of plenty , in a manner , wholly accrues to bakers , corn-chandlers , and corn-brokers , who make immoderate gains by not raising and lowering their prices truly , according to the common rate of the market , which , by law , they are bound to do . as for example , if an excise were laid upon wheat and rye , and , at the same time , the laws of assize were revived , and inforced with higher penalties ; the excise would not be so much felt by the farmer , because he would find consumption increase ; nor by the common people , because they would have more bread for the same money ; so that , in effect , the excise would be answered to the king out of the immoderate and unlawful gain made by the baker , corn-chandler , and corn-broker . so , if an excise were laid upon oats , pease and beans , and an assize of the said commodities were made to force the inn-keepers and corn-chandlers to regulate their prices , in a reasonable manner , by the market price , the consumption would be greater , and the farmer thereby recompenced , and the king's duty in effect would be paid out of the immoderate gain made by the inn-keeper , and corn-chandler . so if an excise were laid upon flesh , candles , and leather , and at the same time provision were made by law to regulate the market of smithfield , and other markets , all cattle would sell so much better ; that the farmer would not so much feel the excise , which would in effect be paid out of the excessive profits made by the butcher , in retailing his flesh , and selling his tallow and hides . 't is strange oeconomy in our government , that plenty should make things a greater drug to the first seller , and very little cheaper to the buyer ; but so it is in fact ; and this proceeds from the want of a good law of assize , and from the fraud and corruption of those who retail these commodities ; such as bakers , inkeepers , and butchers . and since there is a necessity of money , can any tax be more reasonable , than such a one as would intercept and bring to the king , some part of that excessive gain , which these people make upon the publick ? and this will hold in almost all commodities that are the proper subjects of an excise . therefore if ever new excises are thought upon , it will be necessary , at the same time to renew the laws of assize now in force , and to prepare a new bill of assize , with higher penalties , and better accommodated to present use ; in which the justices of peace may be strictly injoyned to settle the assize every month , in their respective divisions , at their monthly meetings . the same law may regulate the markets of smithfield , in which , it is said , there are practices very hurtful to the landed men of england . 't is complained the butchers of london keep great quantities of rich feeding ground in their hands near the town , and are all engrossers of cattle ; and when beasts are brought hither for sale , they drive theirs up to glut the market , and by this combination , command the price , and set it at their own pleasure ; and so make flesh dear in the retail , when cattle sell for nothing in the market . the remedy for this evil can be best found out , and apply'd by the country gentlemen that sit in parliment . the same law may also regulate weights and measures , in which , 't is said , there are great coruptions throughout the whole kingdom . it should be the care of all governments to save and protect the poor , as much as possible , from the frauds and combinations of the richer sort ; and if this were sufficiently provided for , by good and wholesome laws , well executed , all the necessaries of life would be thereby render'd so much cheaper to the poor , that they might pay excises , and yet enjoy more ease and plenty than they do at present . the proper commodities to lay excises upon , are those , which serve meerly to luxury ; because that way the poor would be least affected . but things of that nature are of little bulk , easily hid , vended by a number of different traders , and require many officers to inspect the making , selling , and retailing of them . in holland they easily gather the duty upon things of luxury , where the people are shut up within a narrow compass , and where the execution of the laws is strict and steady ; but it would be otherwise in england , where the people are dispersed about in a large country , and where they have been long used to a slack and unsteady execution of the laws . besides , in holland , the laws that secure such excises to the government , are more strict and penal than our constitution will bear . and yet a duty upon all the vanities and luxuries of this kingdom may be collected , by a far less number of officers , and with less difficulty , than is commonly imagined . the commodities with us , proper to charge excises upon , are such as are bulky , and not easily hid or convey'd away , and where as few traders as possible may be pester'd and vex'd with the search and inspection on of the officers , and where the revenue may be sufficiently secured to the king by mild and gentle laws . excises may be so contrived and laid , as to answer a sum perhaps large enough for the wants of the government , without subjecting any private families , which are not dealers , to the officers search and inspection , or without charging any private person for such commodities as are of his own growth or making . there may a sum large enough arise , only from a duty upon such things as are sold , made , or retailed in market towns and great cities , to be paid only by the seller , maker , or retailer . and the duties will be with much less clamor gathered , where the business lyes only between officers and publick dealers , than where it is between the king's officers and private persons . 't is true , that a duty upon malt cannot be conveniently laid , or would yield little , without subjecting private persons to the inspection of the officer ; but , in regard malt-houses are in out yards , the inconvenience and trouble would be the less . and such a sum as is wanted may be levy'd , and the things of luxury reach'd , for the yearly charge of about , l. and by about fourteen hundred officers ; casting england into eight hundred districts , as it is laid out for inspecting the victuallers in the duty upon beer and ale ; the remaining six hundred are sufficient to take an account of such goods as are made , sold , and retail'd in great towns and cities . and this is undeniably apparent to any one that is skill'd in the manner of collecting excises , and vers'd in the nature of such revenues . nor is this a number of officers that can be reasonably thought dangerous to our liberties , or able to influence elections in the country , especially as they may be restrain'd by law from intermedling in such matters , and because the officers made use of for the collecting such revenues , are generally taken out from the lees of the people , and are persons without interest or authority . the excise on beer and ale has given such knowledge and light into revenues of that kind , and has chalk'd out so plain a way of dividing the kingdom equally among the officers , and instructed so many persons how to survey the several makers , sellers , and retailers , and to obviate frauds , that excises will now be sooner understood , more easily collected , and with fewer officers than is commonly apprehended by such as have not thought maturely upon this subject . and the books of hearth-money , and the late poles , have likewise given us such an insight into the number of the people , and the abilities of the respective families , that it would not be difficult to make some computation , what the excise upon any commodity would produce ; political arithmetick being a good guide in these matters ; though it gives not demonstrative proofs : so that the parliament would not be quite in the dark in laying any impositions of that nature . as for example , from the excise of london , a computation may be made , what a duty of d. per bushel upon all the malt of england would produce , in this manner . there was brew'd in london , the year , ending the th of june , , , barrels of strong beer and ale , and , barrels of small beer , so , of both sorts of drink , there was brew'd , , barrels . to the strong beer and ale , there is allow'd three bushels to the barrel , and to the small one bushel ; but much small beer being brew'd after the strong , it may be a reasonable medium to allow to both drinks , one with another , two bushels to the barrel ; at which rate , to reckon by round numbers , there is used in london , , of bushels of malt. the people of england , by the nearest computations that can be made , are reckon'd seven millions ; of which london is accounted a tenth part ; so that there may be in london , people , divide the , , by , , and there will be found to each man bushels tenths of bushel . but the allowance of two bushels to the barrel being rather of the least , we may reasonably allow to each man's consumption six bushels of malt in a year , which would be , , bushels , that is , about three barrels a year , which to the mass of the people blended together , will be about a quart a day . so that if london , which is a tenth part of the peopl , consume , , bushels of malt , the whole kingdom , which are seven millions , may consume , , bushels , which , at d. per bushel , would produce , l. per annum . where the use of any commodity is pernicious to the interest of the nation , or prejudicial to the health of the people , such an excise may be there laid , as may amount to a prohibition of the commodity . particularly , such foreign commodities may be highly charged , the importation of which hinders the setting our own poor to work . and here it may not be amiss to take notice , that if the duty upon brandy and spirits was so high , as to amount to a prohibition of them , their want in the king's revenue would be recompenced to him in his customs upon wine , and excise upon other liquors , which undoubtedly they hinder . how brandy obtains among the common people , may be collected from this , that for a long while the importation of it has every year increased considerably ; so that in the year , there was as much imported as the excise of it at d. per gallon amounted to about , l. besides the strong waters made at home . and if , as physcians say , it extinguishes natural heat and apetite , it hinders the consumption of flesh and corn in a degree . 't is a growing vice among the common people , and may , in time , prevail as much as opium with the turks , to which many attribute the scarcity of people in the east . there is no way to suppress the use of it so certain , as to lay such a high duty , as it may be worth no man's while to make it , but for medicine . excises may be made the engine to pull down or repress several luxuries , of which our laws could yet never get the better . and suppose these duties should make many commodities so much the dearer , as to lessen their consumption , if thereby luxury in general could be kept down , and the nation driven more to thrift , it would perhaps , tend greatly to our publick wealth ; and that notion , if truly examined , will probably be found false , that riot and expence , in private persons , is advantagious to the publick . unless the nation does unanimously and freely give into excises , upon a full conviction that they are the best ways and means of supplying the government , it will not be the interest of any king to desire such a revenue . for if they are carryed but by a small majority , against the sense and grain of a considerable part of the house of commons , they will come so crampt in the act of parliament , and loaded with so many difficulties , that they will only occasion great clamors in the kingdom , and not yield much money . whenever revenues of that nature are set on foot , all possible ways must be used , that humane wisdom can think of ; to give , in other matters , safety , ease , wealth , and prosperity to the nation . but ; as the foundation of all , it must be made apparent , by every step , that the liberties of the people are the chiefest view , and greatest care of the government ; for nothing else can encourage them to trust the court , in a matter that appears so nice and new , as a home excise . all things must be done that may effectually increase the value of rents , and price of land , which will add true strength to the nation . all laws that would tend to the relief of the poor , and setting them to work , would make excises , and indeed all other taxes , easier to the kingdom . the poor-rate , as has been said before , in the latter end of king charles the second's reign , came to about , l. and we have reason to think 't is now much higher , because of the great decay in our foreign trade , and home manufacture . besides which sum , there is yearly given a vast deal to their relief in voluntary charity and contributions ; so , that in time of peace , we pay near as much to the poor , as to the maintenance of the government , and for our protection . but , as this money is managed in most places , instead of relieving such as are truly poor and impotent , ( which the laws design ) it serves only to nourish and continue vice and sloath in the nation . if publick work-houses were set up in every town and county , and if the works and manufactures , proper for ever place and country , were fixed and established in it , the poor would be encouraged , and invited to labor and industry ; especially if the magistrate made use of his coercive power upon such as are vicious and idle . the real and true objects of charity would cost the nation but little to maintain ; and 't is to be doubted they have the least share in the publick reliefs . the wisdom of a parliament may , in time , find out a way to make such persons useful and profitable to the nation , who , at present , are a heavy burthen upon it . if all the hands in this kingdom that are able , were employ'd in useful labour , our manufactures would so increase , that the common-wealth would be thereby greatly inriched , and the poor , instead of being a charge , would be a benefit to the kingdom . if the poor were always certain of work , and pay for it , they would be glad to quit that nastiness which attends a begging and lazy life . and if the poor were encouraged , and , where there is occasion , compell'd to maintain themselves ; the pound rate would be much less in every county ; and if the nation were a little eas'd of that burthen , we should be in some degree , abler to support the expence of the war , and land would be eas'd , upon which the poor-rate is a certain charge . nothing would better enable us to pay excises , and all other taxes , than a publick registry , a general liberty of conscience , and indeed all laws that would effectually invite people over to us , and increase our numbers . people are the real strength and riches of a country ; we see how impotent spain is for want of inhabitants , with their mines of gold and silver , and the best ports and soil in the world ; and we see how powerful their numbers make the vnited provinces , with bad harbors , and the worst climate upon earth . 't is perhaps better that a people should want country , than that a country should want people . where there are but few inhabitants , and a large territory , there is nothing but sloath and poverty ; but when great numbers are confin'd to a narrow compass of ground , necessity puts them upon invention , frugality and industry ; which , in a nation , are always recompenced with power and and riches . and this happened to the phoenicians , who were the old inhabitants of canaan , and elbowed out by the hebrews , and driven into a small slip of land on the sea coast ; who , to nourish their great multitudes , were forced upon trade , and so became the first navigators and merchants in the world that we read of and in time grew a most wealthy and powerful nation . spain resisted the romans near years , meerly by their country being then so populous ; for cicero , reckoning the strength of several nations , says , that of spain consisted in its numbers . no country can be truly accounted great and powerful by the extent of its territory , or fertility of its climate , but by the multitude of its inhabitants ; and rich soils not well peopled , have been ever a prey to all invaders . where countries are thinly inhabited , the people always grow proud , poor , lazy and effeminate ; qualities , which never fail to prepare a nation for foreign subjection . all men who have made any computations of that kind , seem convinc'd , england would naturally bear , and nourish , a full third part more of inhabitants ; so that , if it ●ere fully peopled , the value of all land and rents would as certainly rise , as land and rents set better near a populous city than at a distance from it . there are many laws which would invite over to us that complement of inhabitants which our country seems to want ; and tho' vve should get at first only the poorer sort , yet those mouths vvould consume our home product , and those hands vvould help us in our wars ; and in peace , by their labour , over-pay the nation for their keeping . but a public registry , and a general liberty of conscience , would bring among us from abroad the very species of money , real and intrinsick wealth , substantial men , and all sort of manufactures . some people are afraid that foreigners may take the bread from the common people , whom strangers , by reason of their industry and spare living , are able to under-work and under-sell ; and that foreigners may have , in time , strength enough to awe the natives . and others believe , that tolerating all religions may be hurtful to the church . but these opinions proceed from a narrowness of mind , not becoming religious and wise men. for god can protect his own cause in the middle of a thousand errors , and variety of heresies will but give our church-men a more ample field of shewing their learning and piety . the same protection , and the same laws , will give foreigners the same interest , with the natives , and in time , probably , the same religion . and the industrious frugality of foreign handycrafts-men , will be a good correction to the sloth and luxury of our own common people . at a time when tyranny is so much the fashion round about us , if our arms were open to receive all the afflicted and oppressed part of mankind , the goodness of our climate , mildness of our laws , and the excellence of our constitution , would invite over to us such multitudes , as would exceedingly add to our power and strength , and make us more a ballance to the greatness of france . and with these additions of strength , excises would be less felt by any part of the kingdom . but there are many real lovers of their country , and jealous of its liberties , who object against excises , and say , they will be so easie and little felt , that the ministers , some time or other , may be tempted , if such a revenue were once afoot , to get it settled into a perpetuity , or for a long term , and so make parliaments useless . they say , land-taxes , polls , and customs , lye so heavy upon the men of interest and figure in the nation , that by such kind of impositions , the gentlemen of england will never enable a king to live without a parliament . but excises being an easie way of contributing , insensibly paid , and falling chiefly upon the common sort , they apprehend our representatives may , some time or other , by the arts and power of the court , be prevailed upon to let them pass into a lasting supply to the crown ; and they think so large a revenue would make the prince absolutely independant of his people , which would quite destroy our constitution . 't is true , some of our former princes have had designs to enslave this country , partly led into those measures by the gentries flattery , and corruption of their manners , who have been all along willing enough to traffick the peoples rights . however , the nation was never yet so deprav'd , but there was a party strong enough in the house of commons to preserve the being of parliaments , which would cease if they should make the crown rich enough to subsist without them . this party will ever , with jealous eyes , watch the motions of the court ; some , perhaps , only to bring their abilities and repute with the people to the better market ; others , to wreak their discontents , and some out of meer love to their country ; though it may be feared , the public has but few friends that are so truly upon the score of vertue and honesty . these will always be ready to make a stand in the house of commons , in case , hereafter , the ministers should have any designs to make kings independant on parliaments . but in the present posture of affairs , and in a long prospect of the future , it is not probable any thing will be enterprised upon liberty : for there are those , on the other side the water , that would sufficiently improve , to their advantage , any false steps that should be made of that nature ; and , while our fears of france and popery continue , the side that is for keeping the government within its ancient limits , will have always sufficient strength and credit in the nation . no king , with despotick power and an army , could levy a third part of that money in this country , which is now paid in a quiet and legal manner . if our kingdom had been under arbitrary power , when we broke with france , in all probability the conquest of us had not been the work of two campagnes ; for nothing but liberty , our interest in the laws , and property , could have made us willing to endure such a heavy war , and able to bear its expence . the rights and liberties of a free people , are chiefly what we have to oppose against the numbers , wealth , oeconomy , and military skill of france . so that there seems the less reason to fear any breach upon our constitution , because it is as much the interest of the prince , as our own , to preserve it . nor can a great tax of any kind be laid , which will fall so easie upon the people , as that the entire body of the nation will not find it self concern'd to throw it off in parliament , as soon as that necessity ceases which first brought it on . all taxes whatsoever , are in their last resort a charge upon land ; and though excises will affect land in no degree like taxes that charge it directly , yet excises will always lye so heavily upon the landed men , as to make them concern'd in parliament , to continue such duties no longer than the necessity of the war continues . besides , when 't is said excises are easie , 't is in respect of other taxes , and in regard they charge every individual man more equally than other impositions : for all ways and means whatsoever , that raise great sums , and drein the country of money , are , and ever will be , thought burthensome to the whole . and though the dangers which threaten from abroad , have made us willing to raise such great sums , as for these late years have been levied in england , yet all men know , that in times of peace , they are far above the value , wealth and power of this country , and cannot be continued , nor under any head whatsoever paid a long space , without depriving the people of that stock which should carry on their labour , trade , and manufacture , and consequently , introducing universal poverty . so that there seems little reason to fear the gentlemen in parliament can ever be prevail'd upon to make excises a standing revenue . there are other taxes , that probably , in their consequence , may prove more dangerous to liberty than excises . the rights of the people are safe so long as we preserve parliaments ; and while that post is secure , and well guarded , we are out of danger ; our felicity being such , that we cannot be undone , but by our selves , and by our own consent . those kings who have design'd the subverting of our laws , by force and open war , as king john , harry the third , edward and richard the d , could never prevail ; on the contrary , their attempts did end in procuring to the nation more ample charters of freedom . but those princes have been more likely , and nearer to compass their ends , who have had the art to undermine our priviledges by corrupting parliaments . and nothing can sooner dispose the gentry to that corruption , and put them more in the power of the court , than such heavy taxes as will make them uneasie in their fortunes . and the subversion of most free governments that we read of , has happen'd when the gentry has been ambitious , and overwhelm'd with debts , and press'd with too great necessities . if these hight land-taxes , are long continued in a country so little given to thrift as ours , the landed men must inevitably be driven into the hands of scriveners , citizens , and usurers , except some few of the most wary families . and in such a case , the country gentlemen would still preserve the interest of being chosen into the parliament for a time , because they would hold their estates till they are evicted out of them by law , or forc'd to sell to their creditors , who , indeed , are the true owners . now can there in the world , be a circumstance more dangerous to the liberty of a nation , than to have the real right , interest , and property of land , in one hand , and the power of being chosen into parliament in another ? to preserve the rights of this nation , we should be represented by such as have the greatest share in property . and yet if these high land-taxes should last any considerable time , the real property of land will belong to the bankers and usurers , and we shall be in a great measure represented by such as have only the name and show of estates . and 't is left to the consideration of any impartial man , whither such a parliament would not be entirely in the power , and at the devotion of the court : and whither liberty would not be thereby more endanger'd , than by making excises a fond of revenue for this war. when the people grow once so degenerate , as to surrender the rights of the nation , there is no ward against such corruption ; and a parliament that would consent to continue excises , beyond the necessities of the war , would give up magna charta , or settle the present land-taxes into a perpetuity upon the crown . but 't is hoped there are not hands enow in this country , to help a few flatterers in the pulling down the fences of our liberties , and to promote a design that would as well ruin the king as his people . if an honorable and safe peace be so much in our power as some men imagine , there will be no occasion of new ways and means of supplying the government . but if we are so jealous of our trade , and maratime interest , as to desire the war may be continued , till the naval power of france be a little humbled and broken , then it vvill import us to think on the ways and means proper for the carrying on a business of difficulty and length . upon the whole matter , it would be much for the honour and safety of england , if we could bring it about , to answer the years expence , with the revenue that shall arise within the year ; and not to live upon anticipations , which eat us out with interest-money , and run the nation into a long debt . all reasonable men must grant , that if the government could be otherways supplied , it were expedient to let land breath a little , in order to give the country gentlemen opportunity to repair the breaches which are lately made in their fortunes . and in all likelihood , excises might maintain the whole war , if they can be so settled , as the giving of them may not hazard the constitution . but if excises are thought dangerous to liberty , there seems good reason to believe , that an aid of 〈…〉 ound upon land , and money , join'd with a quarterly poll , and all justly and fairly levied through the whole kingdom , would near supply the present necessities . if aristides , cimon , and themistocles , or any of the ancient worthies , could rise from the dead , they would be astonish'd at our proceedings , and wonder to see a nation , that fights for the cause of liberty , tax themselves partially , and not with due proportion . 't was not by such measures , in their public assemblies , that the grecians so long withstood the persian monarchy , but by observing , among themselves , mutual justice and equality , each man submitting his private interest and concerns to the common good of his country ; which , 't is evident , they did in the whole course of their affairs . finis . an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas england and wales. broadside. printed by john field ..., london : . reproduction of original in the british library. eng england and wales. -- parliament. -- act for laying an imposition upon coals towards the building and maintaining ships for garding the seas. coal -- taxation -- great britain. taxation -- law and legislation -- great britain. a r (wing e ). civilwar no an act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion seal or coat of arms of the commonwealth . march an act for continuance of the imposition upon coals , towards the building and maintaining ships for garding the seas . be it enacted by this present parliament , and by the authority thereof , that one act of this present parliament , entituled , an act for laying an imposition upon coals , towards the building and maintaining ships for garding the seas : and all powers and clauses therein contained , be and are hereby continued , and shall and do stand in full force until the six and twentieth day of march , in the year one thousand six hundred fifty and four . tuesday the two and twentieth of march , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printed to the parliament of england . . charles by the grace of god, king of great britaine ... forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june, ... have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents ... scotland. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) charles by the grace of god, king of great britaine ... forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june, ... have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents ... scotland. sovereign ( - : charles i) charles i, king of england, - . broadside. r. young, [edinburgh : ] second pt. of title from text. imprint suggested by stc ( nd ed.). "given under our signet at edinburgh the twentie eighth day of june, and of our reigne the ninth year, ." reproduction of original in the town house (aberdeen, scotland). charter room. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- scotland. scotland -- history -- charles i, - . scotland -- proclamations. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion charles by the grace of god , king of great britaine , france , and ireland , defender of the faith , &c. to 〈…〉 messengers , our sheriffs , in that part conjunctly and severally specially constitute greeting . forsomuch as in our parliament holden at edinburgh upon the twentie eighth day of june , . the three estates of our kingdome of scotland being assembled , having taken to their consideration the many blessings which this nation doth enjoy under our most wise , happie , and peaceable government , whereof each estate is most sensible , our royall zeale for propagating the gospel of jesus christ , our care for providing sufficient maintenance for the clergie , our extraordinarie pains taken for uniting the dis-jointed members of this common-wealth , and extirping of all roots of discords , relieving the oppressed , and with so even and fatherly a hand curing the wounds of this common-wealth , as the wisest eye can finde no blemish in the temper of all our royall actions ; and lastly , the great comfort they have by enjoying of our presence , pains taken , and expences disburst by us in this our journey , have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents which any person or persons within this our said kingdome have freely due and payable to them yearly or termly ( their owne annuall rents wherein they are adebted to others being first deduced ) the first termes payment whereof is to be and begin at the feast and terme of martinmasse in the year of god , . and so forth yearly and termly at martinmasse and whitsunday for the space of six years , untill the said six years and twelve termes payment thereof be full and completely out-run . and whereas we and our estates have by act of the said parliament authorised all and sundrie heretable sheriffs , stewards , bayliffs , and bayliffs of regalities , and their deputes , and the provests and bayliffs of free burrows within the bounds of their jurisdictions , as likewise the clerks within the jurisdictions where these offices are not heretable ( which clerks have their offices ad vitam ) to collect the said extraordinarie taxation , and to make payment thereof to the collector generall to be appointed by us for receiving of the same . therefore , and for inbringing of the 〈…〉 termes payment of the said extraordinarie taxation , our other letters are direct , charging all and sundrie heretable sheriffs , stewards , bayliffs , and bayliffs of regalities , their deputes and clerks , and the provests and bayliffs of free burrows and their clerkes , as likewise the clerkes within the jurisdictions where these offices are not heretable , that they and everie one of them dwelling by north the river of dee within the space of fifteene daies after the said terme of 〈…〉 in the year of god ● years , and that they and everie one of them dwelling be south the river of dee within the space of ten daies after the said terme , deliver to 〈…〉 our collector generall appointed by us for receiving the said extraordinarie taxation , a true and justaccompt and inventar of the whole sowmes of money due to be payed by any person within the bound of their jurisdictions for his part of the said extraordinarie taxation , and that they give up the same compt and inventar upon their oathes solemnely sworne that the same are just and true , and that they make payment to our said collector generall , or to his deputes in his name , having his power to receive the same of the whole moneys due to be payed to us , conforme to the said accompt and inventar for the said 〈…〉 termes payment of the said extraordinarie taxation , within twentie daies after the terme of 〈…〉 in the year of god , one thousand six hundred thirtie 〈…〉 years , under the pain of rebellion and putting of them to our horne . for whose reliefe 〈◊〉 our will is , and we charge you straitly and command , that incontinent these our letters seene , ye passe , and in our name and authoritie command and charge all and sundrie the said annuall-rentars dwelling within that our 〈…〉 to make payment to you our said 〈…〉 and your deputes of the said sixteenth pennie of all annuall rents freely due and payable to them as for the said 〈…〉 termes payment of the said extraordinarie taxation , within twentie daies next after they be charged by you thereto , under the paine of rebellion and putting of them to our horne . and if they failyie the said twentie daies being by-past , that ye incontinent thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . and if need be , that ye our said 〈…〉 poynd and distrenyie therefore , as ye shall thinke most expedient . according to justice , as ye will answer to us thereupon . the which to doe we commit to you conjunctly and severally our full power , by these our letters delivering them by you duely execute and indorsed againe to the bearer . given under our signet at edinburgh the twentie eight day of june , and of our reigne the ninth year , . per actum parliamenti ▪ a discourse of foreign war with an account of all the taxations upon this kingdom, from the conquest to the end of the reign of queen elizabeth : also, a list of the confederates from henry i to the end of the reign of the said queen ... / formerly written by sir robert cotton, barronet, and now published by sir john cotton, barronet. cotton, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of foreign war with an account of all the taxations upon this kingdom, from the conquest to the end of the reign of queen elizabeth : also, a list of the confederates from henry i to the end of the reign of the said queen ... / formerly written by sir robert cotton, barronet, and now published by sir john cotton, barronet. cotton, robert, sir, - . [ ], p. : port. printed for henry mortlock ..., london : . the translation of "the french charity" is sometimes ascribed to john evelyn. reproduction of original in british library. "a short view of the long reign of king henry iii": p. - . "the french charity": p. - . imperfect: "a short view of the long reign of king henry iii" and "the french charity" are lacking on film. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elizabeth -- i, -- queen of england, - . henry -- i, -- king of england, - . taxation -- england. great britain -- history, military. great britain -- history. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion robertvs cottonvs brvcevs . aesculapius hic librorum aerugo , vetustas per quem nulla potest britonum consumere chartas . t. cr●ss sculpsit a discourse of foreign war : with an account of all the taxations upon this kingdom , from the conquest to the end of the reign of queen elizabeth . also a list of the confederates from henry i. to the end of the reign of the said queen ; shewing which have prov'd most beneficial to england . formerly written by sir robert cotton barronet , and now published by sir john cotton barronet . london , printed for henry mortlock , at the phoenix in st. paul's church-yard , and at the white-hart in westminster-hall . . the preface to the reader . so strange a desire and itch of writing , doth possess the greatest part of the world ; and men are so in love with their own imaginations , that they would have their follies engraved in brass and marble . upon this account the learned and most ingenious physician in that incomparable piece of his religio medici hath these words ; i have heard some with deep sighs lament the lost lines of cicero ; others with as many groans deplore the combustion of the library of alexandria : for my own part , i think there be too many in the world , and could with patience behold the urn and ashes of the vatican , could i , with a few others , recover the perished leaves of solomon . 't is not a melancholy u●inam of my own , but the desires of better heads , that there were a general synod ; not to unite the incompatible difference of religion , but for the benefit of learning , to reduce it as it lay at first , in a few and solid authors , and to condemn to the fire those swarms and millions of rhapsodies , begotten only to distract and abuse the weaker judgement of scholars , and to maintain the trade and mysterie of typographers . what a multitude of books ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) concerning the controversies in religion between us and the romanists hath invaded the world ; and to use homer's words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ? but of these ( excepting some few ) as for example , that of the archbishop laud's against fisher , mr. chillingworth against knot , the author of via recta , and via devia , and that incomparable pair of learned men dr. stillingfleet and dr. tillotson , with the most learned and pious dr. hammond against that pest and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of mankind , serjeant ) the major part , are ( as he saith ) a spurious brood , the laborious effects of ease and idleness , not worthy the vacant hours of a serious person . having said this it may justly be objected against me , why i by putting forth this book , should help to encrease this epidemical disease . to this i answer : . i received some encouragement by the general favour and acceptance which the world was pleas'd to give to this small treatise . . my pious affection and duty to the author did inflame my desires to propagate his name ( as much as in me lay ) to posterity . . being but a small book it was secure from that censure , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if this little treatise may find not only pardon , but some acceptance , from those few of the more knowing persons , i have obtain'd my design : to please all i know is impossible ; — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . john cotton . propositions of war and peace delivered to his highness prince henry by some of his military servants . arguments for war. frames of policy , as well as works of nature , a are best preserved from the same grounds they were first founded on . by armes was laid the foundation of this state , whether we respect the saxon or the norman . it was war that of seven crowns in the heptarchy made one fit for that monarchy , that since by many glorious exploits hath made good in forreign parts the renown of her own greatness , and crowned thereby this state with an eternal peace . times nor our own vertues are not changed : necessity , benefit , and facility of war being the same that they were before to our forefathers . reasons of forraign war drawn from . necessity , for preservation of our own peace . venting of factious spirits . instructing in arms our people . we never were so near peril by shipwrack in any tempest abroad , as at home by the calm government of henry the sixth . for france by the awful hand of his father reduced , it fared with us as with the mistress of the world , a remoto carthaginis metu , & imperii aemula , when the fear of carthage her competitor for the empire was removed , that fell not by degrees , but praecipiti cursu ab armis ad vo●uptates , 〈◊〉 negotio ad otium , rushed headlong from arms to pleasures , from employment to idleness . and from hence as greatest nations , cum ab externis causis tutae videntur , ipsae suis viribus onerantur , when there is no longer fear of forraign enemies , their own strength becomes a burthen to them : so after many conquests abroad , we were at home prest down with the unnatural weight of civil arms : for cum foris non habent hostem , domi inveniunt , when people have no enemies abroad , they 'l find some at home ; as all warlike and fruitful nations will , not otherwise delivered either of their humours or people . to add to this necessity , the sending away of our factious spirits , it will remove the seat of blood from our own doors , and prove the cheapest school to train up in arms the better dispositions , whose military skill may after serve to defend the state ; & by the late accession of another nation will be now more needful , a ne novus populus otio & nimia pecunia lasciviret , lest that other people should grow wanton through too much wealth and idleness , and we in the end enforced with the satyrist b to confess , n●n● patimur longae patis mala , saevior armis luxuria incubuit — we suffer now the harm of a long peace , whil●st riot , worse than war , doth thus increase . benefits . wealth , by spoil of the enemy . addition of revenue by subjected territories . honor , by addition of title . dominion . . a more facility to effect than heretofore , by addition of new strength . substraction of diversions the facility to effect this being now more than ever by the addition of strength , and substraction of diversions , in this happy union of the britain empire . the benefits arise from profit and honour . the spoils we have brought away in our french & spanish attempts exceeding ever the charge in getting ; and the revenues of the subjected signiories , as normandy , aquitain , &c. supporting with much and vantage the expence in keeping : our honour , as the stile of our kings , by confluence of so many titles increased ; & by accession of so many territories as we held in france , our dominions and liberties so far inlarged . an answer to the former arguments made by the command of his highness . as he can give best rules to preserve the health of a body natural , that by observing the divers humours , accidents and dispositions thereof , findeth at length the cause from whence it is or well or ill-affected , and so by mixture of art and observation sets to his patient rules of exercise and dyet : so is it in a kingdom or commonwealth . if then out of the registers of record and story , the true remembrancers of art and errour in passages of state , it shall appear answers to the former arguments . affections of our wisest princes ever to peace . forraign expeditions rebellions at home . cause of endless taxations . vassalage . danger to the state. confederacy & alliance the means of former victories , no ways to be restored as heretofore . that those times wich have been glorified with the mightiest princes and wisest councils , would ever acknowledge that a pax una triumphis innumeris potior ; one peace outgoes for worth innumerable triumphs ; that combustions at home were like meteors , ever kindled in another region , but spent themselves there ; that our men instead of lawrel and olive garlands to adorn with victory and peace our gates and temples , have ever brought home fire-balls to burn our cities ; that forraign spoils have been summed up with taxes and penury ; that this addition of revenue hath tyed us to a perpetual issue of our own treasure ; that by these titles of honour we have bought slavery , and by extenture of territories , danger ; and that difficulty either to undertake or pursue any forraign enterprise now is much more than in any age before ; i think that no englishman will either love his own errour so much , or his countrey so little , as to advise a course so far estranged either from judgement or security . it is manifest by warrant of our own examples , that the kings of england , ( except in some heat of youth , which is not the best director of counsel ) preferred unjust peace before the justest war : none inthralling their minds with ambitious desires of extending territories , or imaginary humours of licentious soveraignty ; every one willing to pass his time with content of his private fortunes . upon this ground henry the second gave marks a expensarum nomine , under the notion of expences , to the french king , ut firmior pax haberetur , that he might have a firm and setled peace . his succeeding son pro quieta clamatione de sorore sua ducenda , for a peaceable claim to the marriage of his sister , which was like to make a fraction , gave to the french king b docem millia librarum , ten thousand pounds . three hundred thousand marks john gave to the french king , to match his calm entrance to a secure peace . until the confederacy with c scotland , and invading of the land by charls de valoys the french king provoked edward the first , he never disquieted france with noise of war , as after he did by the d earls of richmond and lancaster , although boniface the pope incited him thereunto . his son , the second edward , anno . requireth the bishops and clergy to pray and offer alms for him , and the people of this state ; the words are , e ut deus nos regat & dirigat in mundi hujus turbinibus , that god would rule and direct us in the troubles of this world ; for that having sought all means with france he could for peace , ut guerrarum discrimina vitaret , that he might avoid the dangers of war , he reaped nothing but bitterness , and detention of his messengers , son , and part of his dutchy of gascoigne , his rebels injoying all protection , and his merchants all inhospitality , whose ships his enemy hostiliter cepit , & mercatores interfecit , took in a hostile sort . and slew the merchants . the parliament quinto of edward . a was especially called to consult how peace might be procured . in his year b the peers and commons petition him to labour a peace with france , and to sollicite the pope for mediation . the truce from hence effected he would by no means violate , but in the twentieth year moveth peace by all the offers he c can , as contracts , intermarriage , and to take up the cross with france , in succursum terrae sanctae , for succour of the holy land. but all he could do could abate no whit of the french ●ury , d who invaded by themselves aquitain , england by the scots , surprizing in breach of truce his nobility of britain , whom at paris ignominiosae morti tradidit , he put to shameful deaths ; there and in gascoign murdering the rest of his subjects , and rasing his castles nor would upon a second meditation admit any way of peace . war then was left his last refuge ; e et pia armaquibus nulla nisi in armis spes est , war is to that man just and lawful , who hath no hope of help but by war. and this his clergy was injoyned to open in sermons , that he might eschew the infamy of christian blood-shed . in his two and twentieth year finding war to have brought to his people f gravia onera & multa mala , heavy burthens and many mischiefs , as the record saith , and that the fortune of war cum splendet frangitur , when it shineth clearest is then nearest breaking ; he passed over into france to seek peace divers times ; and to strengthen his affections with the best hopes , he injoyneth all the bishops of england to offer a devotas preces suppliciter ad deum , humble and devout prayers to god , to direct his actions to gods glory and the peace of his countrey , nec non ad totius christianitatis commodum , and the advantage of the whole christian world ; which he believed could not follow but by a firm amity with his neighbours . this is the dislike of war he openeth himself in the five and twentieth year b in parliament , declaring the great means he had wrought by the pope , but could not effect it : and in the third year after c calleth again the body of the state , to devise with him the means to obtain it ; for that he saw his subjects by war so greatly wasted . but d when anno . to redeem himself and subjects from the hard tasks they had undertaken , and to avoid effusionem sanguinis christiani , quantum potuit , vel decuit , pacem quaesivit , the shedding of christian blood , he sought peace as much as in him lay , and as far as was fitting , sending the duke of lancaster to avignon in intercession , but all in vain ; he stood upon his own strength . by which his confident adversary ( the year following captive ) that was afore obdurate , justly found , that one hour can overthrow simul parta & sperata decora , at once both the honours we enjoy and those we hope for . and we may truly conclude of this kings success , as livy e of the roman fortune , propterea bella felicia gessisse , quia justa , that therefore his wars were prosperous , because they were just . to obtain his desire and subjects quiet , he was contented to disclaim a the interest that right and fortune had cast upon him . and after , though often again incited , yet never would be drawn to ●he hazard of war ; for improbe neptunum ac●usat qui iterum naufragium facit , he blames neptune very unjustly who suffers shipwrack ●he second time : until the french king b con●ra juramentum & formam pacis , contrary to ●is oath and the form of peace , had vexillis ex●licatis with banners displayed , invaded his do●inions in france , and with a fleet intended ●o attempt england , ad ipsum regem viribus sub●ertendum , utterly to undo the king by force of arms. richard the second , whom as well he left successour to his troubles as to his kingdom , ●ntred in the decline of his grandsires fortune , ●nd after many years of war and much loss , had ●n the end an expectation of peace ; which opened ●o his commons and council in parliament , c their longing affection was so much inclined hereto , that they advised the king , though it were ●n doing homage for guien , callis and the rest , he ●hould not let slip that opportunity . until charles of france had received d that ●angerous rebel owen glendowr , by the name ●f metuendissimi principis walliae , the most ●read prince of wales , into a strict confederacy ●gainst his master ( whom he vouchsafed no ●ther title than henricus de lancastria ) by ●ontract , and had harrowed the isle of wight by ●he duke of orleans and earl of saint paul , ●ntred into gascoign himself , and prepared a fleet and an army to invade this land , henry the fourth did never disquiet his peace ; and after many prorogued truces , would not break out again , until burgundy a ( that had wrested into his hand the government of france ) mean● with all his force to besiege callis , and annoy this realm . the uncle and chancellour to henry the fifth declared in b parliament the desire his master had to procure peace , and how the french king had refused all reason , denying to render his prisoners , or ransom those taken at agin-court battel : so that the king was driven to his last hope , which was by dint of sword to seek his peace , concluding thus his speech ; bella faciamu● ut pacem habeamus , quia finis belli pax est . let us fight , that we may obtain peace ; for the end of war is peace . henry the sixth , to save the expence of his people and treasure , offered c many large and liberal conditions , but received in exchange nothing but scoffs : he was contented to part with the dutchy of mayne , to make up a peace with his uncle of france . against the duke of somerset it was objected d by the duke of york , that he ( contrary to the oath and council , by breaking the amity between the two princes ) was the only ground of the loss of normandy . there is extant in the treasury e a petition of hen. . from the captains and military men , propace habenda , that they might have peace . neither interest of right , nor jealousie of increasing power , could draw henry . unto the quarrel of france ; until the church complained against lewis . f who neither esteeming ●f god , good fame , nor conscience , detained ●he revenues of the clergy , supported the cardi●al william to aspire to the papacy , aided in the ●ege of boucy alfonso of ferrara , and the benivagli , both traytors to the papal see , where ●e intended to lay the foundation of his empire ●o usurp all italy , ) and besought him for the pitty ●f our saviour , and by the virtue of his famous ancestors ( for i use the words of the popes brief ) a that never forsook the church of god in di●ress , and by his filial obedience , ( the strongest ●ond ) to enter into that holy league , they having ●lected him against lewis , coput foeder is italici , head of the italian league . edward the sixth , b until urged with the touch of his honour , being by his neighbours neglected ●n the marriage of their mistress , never attempted ●ny war against them . the quarrels of france in the time of his suc●eeding sister , after the marriage with spain , were ●either properly ours , nor begun by us , although ●n the end we only went away with the loss . her sister of holy memory , to effect the peace with france , forbore c the demand of callis for ●ight years , and neglected to urge a just debt of four millions from that crown . d and the labours she ●pent to confirm amity with spain , by many ●riendly offices of mediation , are apparent to the whole world ; though in the end of her desires she ●ailed : whether happily in prevention of the spa●ish monarchy eternizing her memory , or that ●his work of peace was by divine providence re●erved for him that could and hath best effected ●t , i know not . only i conclude , that as the first monarch in rome , so the first in britain might justly write , pace populo britanno terr● marique parta , janum clausi , having setled britai● in peace by land and sea , i have shut up the door● of janus temple . forraign arms the ground of trouble at home , by the enemy who to divert will attempt . subjects . wearied with toyl . taxation . feared with the effect of tyranny . inured to wars can never sute after to a quiet life . it is evident by our own examples , that for the mo●● part , the civil or forraign armies that have oppressed this state , have been either bred out of our first attempting of others , or out of the grievance of the nobility and people , either wearied with the toil and charge , or feared with the effect of tyranny , which might corrupt the good fortune of their king , or else ( a● plague no less of war ) that the better sort inured to command abroad , have forgotten to obey at home , and the inferiour by living there upon rapine and purchase , unwilling here to tye themselves again to order and industry . there is in the register of state no time that so well expresseth either the danger or damage we underwent in making an adversary , as that of edward the third . out of many examples i will select some few , beginning with the tenth of his reign ; at what time his intention was to attempt somewhat in france , but diverted by philip , who , mustring in partibus britanniae ad invadendum regnum angliae , in the parts of ●ritany to invade the kingdom of england , a ●uissant army , enforced edward the third to fall ●rom his first purpose , and insist upon his own ●uard : for which cause , to the infinite charge ●f himself and people , he levied . men ●ut of the shires of this kingdom . to withdraw ●is forces from france , in the thirteenth of his ●eign , they invaded the realm , and burned the ●owns of plymouth and southampton , places ●hat suffered from the same motive the like ca●amity . in the first of richard the second , after the ●attel of cressy , when they feared our too much ●ooting , and we too much believed our own for●une , for she cito reposcit quod dedit , quickly ●alls for back what she gave us ; the a duke of normandy , to draw home our forces , levieth an army of forty thousand men at armes , and forty ●housand foot , sharing by idle contracts before-●and with his confederates not the spoils only , ●ut the kingdom it self : the honour and some ●ther portion of benefits he reserved as his own ●eed ; the possessions of many english subjects ●n pure alms he voweth to the church of normandy , and to the french king an yearly tribu●ary fee of twenty thousand pound . in these ●erms this realm stood almost all the time of edward the third . the coast-dwellers were so frighted from their habitation , as in the thirteenth year the king commanded the earl of richmond b and other peers to reside at their border houses ; and was inforced in the two and twentieth to injoyn by ordinance , that none should remove that dwelt within sex leucas à mari , six leagues of th● sea. it was no whit altered under his successour richard the second ; for in his entrance the frenc● burnt the town of rye , and in the third year after gravesend . and in the tenth year of his reign , to change his intended journey for france in person , the french king prepareth an army to invade this land. this quarrel led us almost into an eternal charge at sea , and in the northern limits , they and our neighbours there being tyed of old in strict assurance of mutual aid : by whose desperate and perpetual incursion ( for nescit plebs jejuna timere , an half-starved rabble fears nothing , ) the fattest parts of our borders were left waste , the men and cattle of england ( as . of edw. . ) impetus scotorum fugientes , being fled for safety to the forrests and desart places . the like i find in the first of edward the third : they ever thus interrupting us in our expeditions into france ; as in ed. . and in the first and second of richard the second , in the fifth of henry the fifth , and in the fourth of henry the eighth , when he undertook his holy voyage against lewis the twelfth . and either being no less ready to nourish the least spark of rebellion in this state , as that of the french king to counterpoize king john ; or work out henry the third from his dutchy of normandy , as france did ; or moving underhand by the duke of britain , the earl of hartford to reach the crown of richard the second , and when he had got the garland , suborning owen glendowr ( with whom he contracted as prince of wales ) to busie the same king at home , that he might divert his intended purpose from france or scotland . when henry the third had devoured in his mind the kingdom of sicily , the nobility finding the expence of treasure , and fearing the exposing of their own persons , grew so unwilling , that by the bent and course of the record it appeareth a not the least ground of that rebellion which after drew the king and his son to so foul conditions . a judgement there must be between powers and undertakings , that though affections may carry a man to great things , they make him not attempt ●mpossible : for where great minds are not accompanied with great judgements , they overthrow ●hemselves . as in this prince , who by the popes ●ncitement simplicitatem regis circumveniens , circumventing the king in his honest meaning , ( they are the words of the author b ) intend●ng to rifle the fortunes of others , was in the end ●nforced to play at dice for his own stake . the earls of hartford , bohun and bigot , made ●he grounds of their commotions the distaste they ●ook at edward the first for exacting their service in the quarrel of gascoign , a forraign countrey . and they might seem to have some colour to refuse , but in a more mannerly fashion , either attendance ●or charge in recovery or defence of provinces in france , since so many consents in parliament as c the twentieth of rich. the second , the sixth and ninth of henry the fourth , the first and seventh of henry the fifth affirm the commons not to be bound pour supporter ses guerres en la terre de france ou normandie , to support his wars either in france or normandy ; declaring no less by publick protestation , than they did by undutiful denial . for the burden of charge , it was no less distasteful than the former of service , this kingdom being ( as it is said a of the roman provinces occasioned by war ) made desert , and the people desperate by exactions . in the conquerours time the bishop of durham was killed by the tumultuous people , opposing an imposition levyed by him . there was b murmuratio & imprecatio praelatorum in regem joannem , mutterings and curses from the prelates against king john , for demanding in the eighth of his reign a relief of them and the laiety for his wars . in the sixteenth year cives londinenses joannem odio habuerunt pro injustis exactionibus quibus regnum fatigaverat , the londoners detested king john for his tiring out the kingdom with unjust taxations . c the sink of his expence in war was so bottomless , that ( as the story saith ) he was constrained desaevire quotidie cum incremento , to grow every day more unreasonable in his carriage towards the church and commonwealth , eas bonis suis variis modis spoliando , by despoiling them several wayes of their goods . d hinc secutum est bellum inter regem & barones quod cum morte joannis solum finem habuit : this was it which kindled that war betwixt the king and his barons , which nothing could quench but the death of john himself . in the twenty sixth of henry the third , ob exactionum frequentiam est regi cum baronibus contentio , by reason of the continual exactions there arose a contention betwixt the king and his barons e . at the parlee of peace with them being demanded a reason of that their action , they answer that since he came to the crown , being not twelve years , multoties ei auxilium dederunt , they had many times supplyed him ; and expressing the particulars besides in the same place , he had received ●ot escaetas , so many escheats , by the vacancy of rich bishopricks , death of so many barons and others that held of him , that those alone would have made him rich if they had been well imployed . that the itinerant justices had by amercing the defaults gleaned them so near , that per illa amerciamenta & alia auxilia prius data omnes de regno it a gravarentur & depauperarentur , ut parum aut nihil habeant in bonis , by those amercements and the subsidies they had formerly given him , all the kingdom was so crushed and impoverished , that they had little or nothing left them . and that was the ground of their resistance . a archiepiscopus cantuariensis & alii praelati resistunt regi , the archbishop of canterbury and other prelates resist the king , when in his fifteenth year he demanded scutag● . and although he laid open to the parliament his great debt causa bellicae expeditionis in partibus transmarinis , occasioned by his forraign expeditions , was answered by ranulph earl of chester , the mouth of the laiety , that in the former aides pecuniam suam effuderunt , quod inde pauperes omnes recesserunt , unde regi de jure auxilium non debebant , they had poured out their money so liberally , as that being all impoverished by it , they were not obliged to assist him any farther . and thus b dissolved the parliament . the clergy of the realm in the twenty fourth of edward the first denyed the demand of contribution c in expeditionem regis contra gallos & ad reprimendos scotos , towards the kings expedition against the french , and the repressing of the scots . and ob has crebras exactiones magnus fit tumultus inter regem & barones , by reason of these frequent extorsions , there arose a great difference betwixt the king and the barons . one of the articles of treason objected against mortimer a in parliament in the fourth of edward the third , was the offence he bred in the commonwealth , by causing a subsidie to be exacted . this humour of the people did somewhat suit with that of the inhabitants of trevers , b who stoned to death proclerus for perswading theodoret the goth to crave a subsidy . the clergy in the twelfth of edward the third , c deny such a grant of their wools as the laiety had yielded to , for supplying the king in his affairs of france . the like answer they make the forty fourth of the same king , when he d demanded in parliament a subsidy of them and the commons of l . and the same king grown doubtful of his people prest down with impositions , requireth the archbishop , e quod cum populus regni sui variis oneribus , tallagiis & impositionibus praegravetur , ut idem archiepisc . indulgentiarum muneribus , piis exhortationibus , & aliis modis , eundum populum placare studeat , & ipsum regem excuset , that since the subjects of his kingdom were over-charged with many burthens , tallages , and other impositions , the said archbishop would by grant of indulgences , seasonable exhortations , and other ways endeavour to pacifie the people , and excuse the king. by reason of the census per capita , pol-money imposed by parliament in the third of richard the second to defray the wars in france , there were a dirae imprecationes in regem , & magnae ●…ost perturbationes in regno ex plebis insurre●…ione , heavy and bitter imprecations against ●…he king , which were followed with great trou●…les in the nation by the insurrection of the commons . and as well in the reign of this king , as some other of his predecessours and suc●…essours , the parliament was so tender in grant of subsidy and other taxes , that they added into their act , b quod non trahatur in consequentiam , that 〈◊〉 should be no example for the future , appointing ●…eculiar treasurers of their own to give account ●…pon oath the next parliament : and such grants , which they professed to proceed c ex libera & ●…pontanea voluntate dominorum & comitatuum , ●…rom the free and voluntary grant of the lords and ●…espective counties , to be void if conditions on ●…he kings part were not performed . and this un●…ortunate king had cast upon him as an argument of his unworthiness to govern , the exacting of so great subsidies , and extorting so much money from ●…he shires that submitted their fortunes unto his ●…mercy . and when henry the sixth in anno . would ●…ave had a relief from his subjects d de aliqua ●…umma notabili , of some considerable summ ; he ●…ad in answer , propter inopiam , &c. populi il●…ud non posse obtineri , that in regard of the pover●…y , &c. of the people it could not be granted . the ●…ike in the twenty fourth of the same king. great men have been disposed sometimes to humour the waste of treasure in their princes , either to subject power by need to their devotion and ●…we , ( for princes dare most offend them whom they have least cause to use ; ) or to force necessity to extend prerogative so far , untill by putting all into combustion , some may attain unto the end of their ambition , others the redress of supposed injuries . a thus did the faction of henry the fourth in the one , and the nobility under henry the third in the other ; who hereby quitted the state oppressed ( as they thought ) with the kings half-brothers , the poictovins and other strangers . subjects fear to have the enemies of their soveraigns too much weakned , lest themselves become tyrants . and it is in the farthest respect in the b baronage under john , henry his son , and c edward the second , to fear as much the absolute greatness of their soveraign , as they did the diminution of their own estates . and therefore when they found their king to grow too fast upon any neighbour adversary , then would they lend their best aid to diminish his power or fortune ; left by inlarging himself upon the other that poized his greatness , he might forget and become a tyrant ; as one saith of henry the first , d assumpserat cornua audaci● tam contra ecclesiam quam regni universalitatem , roberto fratre & aliis inimicis edomitis , having once overcome his brother robert and other enemies , with audacious and presumptuous horns he goared as well the church , as the rest of the kingdom , breaking his seal , his charter , and his oath . the memory of this caused the nobility e to call in the french kings son , when john their soveraign began to know his own authority ( as they thought ) too much . and the french subjects aided on the other side henry the third against their master , when he was almost cooped up in his britain journey . this ( as the stories report ) being a practice usual in those days . the last mischief is the disposition that military education leaveth in the minds of many ; for it is not born with them that they so much distaste peace , but proceeds from that custome that hath made in them another nature . it is rarely found that ever civil troubles of this state were dangerously undertaken , but where the plot and pursuit was made by a spirit so infused . king john had been after a sine regno without a kingdom , as he was at first sans terre without land , if his rebenediction had not wrought more upon the disloyal designs of fitzwalter and marshal , ( whom his own elective love had made great in opinion by the norman services ) than either his rebated sword or blasted sceptre could . b if simon montfort had not been too much improved in experience and his own opinion by the many services he underwent in the government of gascoign , he had never so much dared against duty , as to come over at the first call to make head against his master , and pursue him with that fury of ambition , until he had forced him to redeem the liberty of his person by the blasting of so many flowers of his imperial crown : and to set himself so far below the seat of majesty , as to capitulate with them upon even conditions , which not performed ( i use his own words ) c liceat omnibus de regno nostro contra nos insurgere , it shall be lawful for all persons in our kingdom to rise up against us , and to do omnia quae gravamen nostrum respiciant , acsi nobis in null● tenerentur , so to act all things in reference to the grievances from us upon them , as if they were by no tye obliged to us . if richard duke of york had never learned to be so great a souldier at the cost of his master henry the sixth in another state , he had never disquieted the calm of his times , or given just occasion to his opposite somerset to say , that if he had never learned to play the king by his regency in france , he had never forgot to obey as a subject when he returned into england . our own times can afford some , whose spirit improved by military imployment , and made wanton with popular applause , might have given instance of these dangers , if good success had been a relative to bad intentions . and every age breeds some exorbitant spirits , who turn the edge of their own sufficiency upon whatsoever they can devour in their ambitious apprehensions , seeking rather a great than a good fame ; and holding it the chiefest honour to be thought the wonder of their times : which if they attain to , it is but the condition of monsters , that are generally much admired , but more abhorred . but war some may say mouldeth not all men thus : for vertuous men will use their weapons for ornament amongst their friends , against enemies for defence . and to those men their own goodness is not safe , nam regibus boni quam mali suspectiores sunt , for kings suspect good men sooner than bad . kings must have their ministers pares negotiis fit for their business , and not supra above it , or too able for it . for another mans too-much sufficiency ( as they take it ) is a diminution of their respectiveness , and therefore dangerous . the meaner sort having forgot the toile of their first life by inuring themselves to the liberty of war , which leaveth for the most part the lives of men to their own looseness , and the means of getting to their own justice , can never again endure either order or labour ; and so return but to corrupt the common-wealth with their lawless manners . for living more riotously than the rapine of forraign victory could warrant , ( as for the most they do ) in contempt of their own private want and fortune , they desire a change of the publick quiet . in tumults and uproars they take least care for their livings , however the world goes they can be no losers : for like silla's army , making no difference between sacred and profane robberies , ( for the victors sword seldom teacheth either mean or modesty ) they will be ready upon every advantage to pillage their countrey-men at home . for who can expect men dissolutely disciplined can ever use their armes with moderation ? against the fury of such seditious outrages many parliaments , as a in the twenty second of hen. the sixth have been sollicited for redress . and that example in b champaign after the peace at callis . where this licentious rout at the close of those wars slew the duke of bourbon , and besieged the pope at avignon , may suffice to express this mischief . it hath no less weakened the bond of mutual trade : since our merchants , whom the necessity of late times left to recover by force the losses they pretended , do now teach , as a maxime of their mysterie and our state , that the directest way either to wealth or security is by rapine and spoil : and to cloak their own ends pretend the common good ; as if the state stood by their affections , when in truth they themselves cannot fish but in aqua turbida in troubled waters : and therefore would have incendium patriae a bonefire of their countrey , if it be but to keep warm and awake their own humours . the last motive from necessity is , the ease war bringeth to a surcharged state. intending it seemeth war but as the sink , and souldiers but as the corruptions of common-weals ; whereas besides the inevitable use of the one , and the noble condition of the other , ( an errour in the argument ) nature doth never oppress further by increase , than she again dischargeth . the breast of the mother she enableth to nourish up as many as the womb shall uno partu at one birth ever bring forth ; proportioning to the number of the children the condition of their strength and appetites . it is then accession of our own that may furcharge ; for parents by such indulgent admission may soon famish whom in motherly affection they intend to cherish . but admitting the former ground , whether by this way of waste we be ever able and at pleasure to gage the issue ( when such elective power is left to him only qui suis stat viribus , non alieno pendet arbitrio , who stands by his own strength , and not at the pleasure of another ) is considerable ; since to begin cuivis licet , deponere cum victores ●●lunt , is easie for any man , but the laying down ●ill be at the conquerours pleasure . for the wast●…g of our people in ambitious enterprizes ( as that ●…r an empire by constantine in france ) left this 〈◊〉 and as a prey to the barbarous frontiers , a ●…mni milite & floridae juventut is alacritate spolia●… , being left naked of souldiery , and robbed of ●…e choicest flower of youth . and when we were ●…ed to make good our undertaking in france , the waste of our people was so great , that to supply extremity we took purgamenta urbium , the dregs ●f towns , ( as curtius saith of alexander ; ) b ●eed hiring the bankrupts by protection , as in ●…e twenty second of edward the first ; and en●…orcing , against the rule of justice , the judges to ●…ut placita corum in respectu qui in obsequium re●…is profecturi sunt , pleas in the behalf of such as ●…ere to go in the kings service . and as tacitus ●…f a declined majesty saith , emunt militem , non ●…egunt , they buy their souldiers rather than make ●…hoice of them ; we made purchase of general pardons of all that were utlegati , banniti , aut de feloniis indictati , si cum rege transitare voluerint , out-lawed , excommunicated , or indicted of fe●…ony , in case they would go over with the king. as in the same year of the former king and in the year after were dischaged out of all prisons in the realm to the number of ninety seven notorious ma●…efactors . ( b ) and in the eighteenth of edward the second , and eighth of edward the third , and ●weleth of edward the fourth we did the like . an army better apted by necessity than election to ●ive upon the enemy , quibus ob egestatem & flagitia maxima peccandi necessitudo est , whose ●ndigency and former ill way of life must needs make them ready for any mischief . in the end 〈◊〉 this king last remembred , and entrance of 〈◊〉 heir richard the second , the state began to be se●… sible of consuming issue ; which not lying in th●… kings power ( now as the strength of france , set o●… revenge , stood ) to stay at pleasure , ( for — arm●… tenenti omnia dat qui justa neg at — deny th●… souldiers due , you give him all you have ) it w●… urged to him in parliament in the a seventh of h●… reign , as an errour in his government : whereto 〈◊〉 answered , that they ought not to lay the cause up●… on him , for that together with the crown th●… wars descended unto him . and the chancellour 〈◊〉 the fourth of henry the fourth , declared publickl●… in the higher house , that by the mischance of w●… and want of reasonable peace , ( for i use the word●… of the roll ) occasioned by dissensions and priva●… desire , the flower of chivalry and rock of noble●… within the realm was in a manner consumed . nobilit as cum plebe perit , lateque vagatur ensis , & à multo revocatum est pectore ferrum . the peer and peasant falls , and hating rest bloody the sword returns from many a breast . and the whole state by war had been thus subverted had not god as a mean raised that king. but since the end of mans creation is not for th●… slaughter , nor education of armes to make me●… cast-aways ; the course most answerable either to charity , or example , ( for rome did by coloni●… inlarge and confirm her empire ) is to transpla●… that we may best spare . in ireland we may increase the king many subjects , and in the indi●… god many servants : a world from our forefathers ●…ockt up by divine providence , as only best to glorifie and purifie these times . and as in war conquirendus potius miles quam dimittendus , souldiers are rather to be listed than disbanded ; so post ●ellum vires refovendae magis quam spargendae , after war forces are rather to be cherished than wasted . and thus much in answer of necessity . answer to the arguments of profit . the profits gained by forraign expeditions cannot be any wayes so truly esteemed , as by setting down the expence of money , men , and munition , by which we have made purchase of them . i will therefore deliver as they fall in sequence all the impositions , taxes and lones , whether by general grant , or prerogative power le●ied of the people ; summing after up , as i go along the times of our princes , the number of men , ships , and vast provisions of victuals raised to supply the necessity and expence of war. william the conquerour in the entrance of his government took of every hide-land twelve pence a due of the subjects to the soveraign both before and since the conquest , to defray such charge as either the defence of the land from spoil , or the sea from piracy , should expose the prince to . it is called dane-geld , gelda regis , or hidage , and was sessed by the hide or plough-land , like to that jugatio per jugera taxation by the acre in rome , yet by no rate definite with this as with another exaction , taken , as the monk of s. albans a saith , sive per fas sive per nefas , by fair means or by foul . he passe● over into francs into the list of charge he ranke● the bishops and abbots , sessing upon them and a●… their charge a proportion of souldiers for his ser●…vice , exiling many worthy men that opposed th●● thraldom . william rufus anno . set upon the heads of s●… many as he mustered up for the french wars te● shillings a man , and so discharged them . in an . . he to the same end spoiled the churches of their ornaments and holy vessels , and levied four hidages of every plough-land , a trib●… angliam non modo abradens , sed excorians , n●● only shaving , but even flaying england wi●… his impositions : so that wearied with war and expence , ne respirare potuit anglia sub ipso suffocata , england was quite stifled by him , an● could not so much as breath . — b quid jam non regibus ausum ? aut quid jam regno resta scelus ? — what durst not kings then do ? what mischief could the nation suffer more ? in this kings time . c henry the first anno . magnam à regno exegit pecuniam , exacted a great ●umm of his kingdom , with which he passed into france : and by this means d gravabatur terra angliae oppress●nibus multis , england was born down with many oppressions . e he took in the tenth year si● shillings danegeld . f and in the seventeenth quod inter eum & regem francorum magnum fuit dissidium , anglia fuit variis depressa exactionibus , & bonis sine peccato spoliata , by means of the great differenoe betwixt him and the king of france , england was oppressed with divers exactions , and men spoiled of their goods for no offence at all . of king stephen there need no more than the words of the monk of gisborn , a post annum sextum pax nulla , omnes partes terrebat violenta pradatio , after the sixth year of his reign there was no quiet , but all parts of the land became a prey and spoil to violent men . henry the second , alluding not unlike to the ●eada given the eremitae in the decline of the empire , as salaries by which they stood bound to defend the frontiers against the incursions of the barbarous nations , continued the policy of his progenitors , who allotted the land into such and so many equal portions , as might seem competent for supportation of a knight or man at arms ; from whom ( as occasion required ) they received either service or contribution . this tenure , now esteemed a thraldom , began upon a voluntary and desired submission ; for who from his gift would not of the prince accept land upon the like conditions , so it toucheth not the soveraign as a wrong to the subject , but as in right his own ? and therefore respecting their first immediate dependency upon the crown , which is a great part of the kings honour , their duties and escheats a great benefit , and their attendance by tenure in war at their own charge to the number of . at the least , ( for the knights fees in england are no less ) a great ease , strength and security to his state ; for they are totidem hostagia , so many hostages , as bracton saith ; it were a thing perillous now to alter , after such a current of time and custome . this king to understand the better his own strength , publico praecepit edicto quod quilibet praelatus & baro , quot milites de eo tenerent in capite publicis suis instrument is significarent , he caused it to be proclaimed that every prelate and baron should notifie by publick deed how many knightships they held of him in capite . by this rule of scutage , constant in the number , he levied alwayes his subsidies and relief , though divers in the rate . of the first , which was near the beginning of his reign , there is no record . the second scutage , a which was anno . amounted to millia librarum argenti , thousand pounds of silver ; which reduced to the standard of our money five shillings the ounce , whereas that was not five groats , will amount to near l. an. . b scutagium fuit assessum ad duas marcas pro exercitu tholosae , a scutage was assessed two marks for the army at tholouse ; which if summed up by the received number of knights fees , being in the hands of the laiety only , of our moneys cannot be less than l. the like in the next year . in an . c there was an aid pro servientibus inveniendis in exercitu , to find men to serve in the wars , of two pence de unaquaque libra in every pound . and . sequentibus annis de singulis libris singulis denariis , in the four following years a penny in the pound was taken of all men , the estates of mens fortunes being delivered upon their oaths . in the fourteenth year a scutage was assessed d ad marcam unam de singulis feodis , one mark on every fee. and anno . e scutagium pro quolibet feodo , a scutage for every fee. a tenth of all moveables was granted in the thirty fifth year of his reign . in which year dying , f millia librarum in auro & argento , praeter utensilia & jocalia , reliquit , he left in money pounds , besides plate and jewels . a richard the first in the beginning besides cutagium walliae assessum , a scutage assessed upon ●ales at ten shillings , levied as in the succour of the ●oly land a subsidy out of all the moveables in ●e realm to his own use ; b et eleemosynae ti●lo vitium rapacitatis inclusit , cloaking his raveous extortion under the fair name of a pious almes . 〈…〉 contribution there was in the sixth year of c millia marcarum argenti ad pondus columni●sium , marks of silver to pay his ran●…ome : as also a scutage assessed at twenty shillings . ●n the d seventh he imposed for his wants a con●…ibution called tenementale . extremity ( for by ●is waste and imprisonment he had almost ex●austed the wealth of the state ) invented nova & varia praedandi vocabula , new and sundry ●ords to express his exactions , as tacitus e ●…aith , of centesima & quinquagesima , an hun●…redth part and a fiftieth part , ( names that since ●ave found reception and use with us . ) this ●as two shillings of every plough-land from ●…he husbandman , and from the gentry and no●ility the third part of their military service . he inforced the cistertian monks f to re●eem the same year their woolls sine pecunia●ia , at a fine . for his army into normandy g he took a scutage assessed at twenty shil●ings . h and four years after of every plow●…and five shillings , and of every burrough and i city duos palfridos & totidem summari●…s , two horses and as many summaries : and of every abbot half as much . then losing of purpose his great seal , proclaimed that k omnes chartae & confirmationes novi sigilli impressione roborarentur , all charters and assurances should be confirmed by the n●… seal . whereby anew he drew from all men composition for their liberties . this fashion w●… afterwards taken up by some of his successours as a of henry the third , when all again w●… enjoyned qui suis volebant libertatibus gauder●… as many as would enjoy their liberties , ut inn●… varent chartas suas de novo regis sigillo , to r●… new their charters from the kings new seal some reason b richard had in the end to become a gatherer , that had not long before by accompt of chancellour hubert then archbishop , spent infrae biennium undecies centena mill●… marcarum argenti de regno angliae , within le●… than two years , eleven hundred thousand marks 〈◊〉 silver current english money . his brother john succeeding c took in the first of his reign a scutage assessed at two marks d for the two next years three shillings of every plow : e and the year following , besides a scutage as before , the fortieth part of the revenues 〈◊〉 the clergy and laiety . f in the fourth year 〈◊〉 took the like scutage , and the g seventh part 〈◊〉 the moveable goods of the baronage and clergy a scutage assessed at two marks h in an . . i the like in the sixth and seventh years twenty shillings scutage ; and the thirteenth part of moveables as well of the church as laiety in the year following . in k an . . he exacted by redemption of the concubines of the clergy a great summ . in the eleventh l extorsit tributum grave , scil . millia librarum à viris ecclesiasticis , he extorted a great tribute , viz. pounds of the church-men . and to furnish his army , m clericorum horrea invadit , he came upon the barns of the clergy . in a the twelfth a scutage assessed at two marks , besides an exaction b of l. from the cistertian monks . he took c in the thirteenth year a scutage assessed at s. pro exercitu scotiae , and another at two marks proexecitu wallia , &c. for his welch army ; exacting d from the ministers of the church in the year following marks . e and in the sixteenth year scutagium assessum fuit pro exercitu pictavia ad marcas , a scutage was assessed at three marks for the army in poictou . thus in the space of seventeen years the state was delivered but thrice from impositions . in the time of henry the third , f upon the clergy , nobility and gentry there was assessed fifteen scutages ; one at ten shillings , two at twenty , eight at two marks , and four at forty shillings the knights fee. g the land of the inferiour sort twice taxed ; first at two shillings , after at half a mark the plow . h and two tallages upon the land of the crown . i from out of the lay subjects moveable goods hath been taken five times : as the fortieth , the thirtieth , the twentieth and fifteenth parts , k and once the sixteenth of the clergy for this king. l a tenth he nine times imposed upon the church : six times for a year only , and by it self ; once accompanied with the first-fruits : once for three years ; and once for five . m besides two aides , the one moderate , the other called n gravis exactio , a heavy exaction , and worthily , if to the eight hundred marks imposed upon o s. edmunds bury all the other abbyes were rated accordingly . a and by the accompt of willihelmus de middleton b he received in the time of his government de exitu judaismi 〈◊〉 and as in all the fifty six years of his reign ( excepting five ) either the church or common-wealth were charged with contribution-money to relieve the expence of war ; so were they grieved with other exactures , either for carriages , or victuals , or personal attendance . in the sixteenth year the inhabitants of winchelsey were enjoyned . c ut providerent decem bonas naves & magnas ad transfretandum in pictaviam in servitium regis , to provide ten good and sto●… ships for the kings service in poictou . d and at another time twenty , dunwich and ipswich five a piece , and the ports proportionable , all at their own charge . in the same year e and for the same service there was transported ten thousand quarte● of wheat , five thousand of oates , and many bacons . the church not forborn in those charges 〈◊〉 for from winchester f two thousand quarter of wheat and oates , and one thousand of beam was taken . g the other bishops and clergy bearing their parts of victuals in the like exactions , coming — ut unda supervenit undae acsi esset anglia puteus inexhaustus , as wa●… follows wave , as if england were a pit nev●… to be drawn dry . h in the twelfth and fourteenth the king levieth souldiers for his wa●… beyond sea , collecting pro exercitu suo de s●… gulis duabus hidis , upon every two hides unu●… hominem bonum secure , and to bring secum v●… ctualia victuals with them : and those fo●… whose service the king dispenced , & quos r●… vult remanere in partibus suis , and such as he pleased should continue at home , to contribute victuals to those that went for forty dayes : commanding the sheriffs a to swear all ad arma qui post cum remanebant in anglia , in forma qua jurati fuerant tempore joannis patris sui , to armes , who stayed behind him in england , after the manner they were sworn in the time of king john his father ; by which ordinance of king john all able subjects from youth to decrepit age were bound to arm themselves , and be in continual readiness , b à ●●ro usque ad mane from night to morning , ( for ●o the record is ) to attend the kings pleasure . and therefore henry the third in anno . c mandavit vicecomitibus quod venire faciant ●d exercitum regis homines juratos ad fer●um , commanded the sheriffs to send all those ●o his army who had been so sworn , bringing with them loricas , habergiones , &c. coats of maile , habergeons , &c. and to such as neglected this service he sent his writs , reprehending ●hem at first , d jurgatoriè eò quòd , &c. tartly ●or that , &c. and after fining them according 〈◊〉 their abilities and tenures . taking e an . . ●f willihelm . de umfrevile pro quietatione pas●agii , for the securing of his passage into gas●oign marks ; and so in proportion of many thers . edward the first exacted from the land of his ●ubjects four times scutage , assessed every time 〈◊〉 forty shillings the knights fee. and once an aide called auxilium novum , a new aide , which he farmed out for ready money . of the rents of the clergy he took a tenth part twice for one year , and once for six : and the twentieth part twice from both the provinces , and once for two years from canterbury only . the possessions of the priors aliens he seized once into his own hands , putting the monks to a bare pension of eighteen pence a week . of the goods of the clergy he took the thirtieth , the fifteenth , and the fifth part once , the moiety three times , and the tenth seven times ; whereof the grant was first for two years , and then for three years , and once for six years . a of the goods of the commons the eighth , and the ninth , and the twelfth part he took once , twice severally the tenth and eleventh , the sessors being sworn to levy and rate truly . three times he had the fifteenth part , and once the moiety of a fifteenth . from the clergy and laiety together the king had granted of their moveables 〈◊〉 tenth , a fifteenth , and a thirtieth part . of the cities and boroughs , besides a great loan , once the seventh and eighth , and twice the sixth par●… from the merchants a twentieth , and a seven●… portion once of their commodities ; imposin●… a new custome of a noble upon every sa●… of wool which he let out to farm. and under pretence of some breach of amity wi●… those parts whither his merchants traded , 〈◊〉 seized anno . b all the wools into his hand●… and made of them instant sale to the best val●… leaving them upon security to a short price a●… a long day of payment . he took c the sa●… year , to the distaste of the pope and murm●… of the clergy , all the money gathered in su●… dium terrae sanctae , for the succour of the h●… land , to furnish his journeys . upon the p●… sons of his subjects he imposed one tallage , a sessed either in communi in general , or per capita by the poll. and twice the like upon the jews : whereof the one amounted to fifty thousand marks . neither were his people by continual payment ( for there was but one year of intermission all his reign ) freed from attendance in their persons . for in record there appeareth plentifully his writs to the sheriffs : as b an . . de peditibus eligendis de tota anglia , for the chusing of foot-souldiers throughout all england ; and to be found and furnished by their several countreys : calling c his earles , barons and knights to personal service according to their tenures . his son the second edward assessed upon the lands of his subjects twice scutage ; once at two marks , and once at forty shillings the knights fee. from the revenues of the clergy rated by the book of tenths , he at distinct times took d. d. and d. in the mark ; and once the fifteenth part of the whole . from the goods of the clergy a tenth for three years . and twice d a loan from the abbots and bishops . from the laiety ( besides a tallage of their moveables ) in cities and burroughs once a tenth , twice a fifteenth , and twice a twentieth part of their goods . besides a loan from the commons , and ten shillings borrowed upon every sack of wool from merchant strangers , and a noble from others . e from the clergy and laiety together of their goods a tenth , a fifteenth , and twice an eighteenth part , besides a loane . he augmented his fathers new custome with an imposition of a noble more upon every sack of wool. and anno . a quia exitus regni sui & terrarum , because the profits of his realm and dominions elsewhere , together with all the money granted by the church and laiety , ad sumptus belli sufficere noluit , was not enough to defray the charges of his wars , and that he must infinitam pecuniam effundere , spend a vast deal of money ; he sesseth and increaseth an imposition upon all commodities inward and outward to an extream rate ; and caused the commons in every shire to lay down money in deposito to pay his souldiers ; and took from the nobility and gentry a large contribution towards his wars ; and seized b omnes lanas & coria mercatorum , data securitate possessoribus de rationabili pretio postea solvendo , all the wools and hides of the merchants , giving security to the owners that a reasonable price should be paid for them afterwards . he charged the ports and sea-towns twelve several years ad costos suos & sumptibus villarum , at their own costs , and the charge of the villages about them , ( as the record saith ) to set to sea in his service ships furnished armis & victualibus , with armes and victuals ; sometimes for one moneth , as anno . c sometimes for four as d anno . and sometimes for seven as e anno . the number of ships more or less as occasion required . in anno . f southampton was charged with six , and an hundred and eighteen sea-towns more with rateable proportions for the kings service . sometimes , as anno . g embarguing all the ships in any port that were of forty tuns or upwards , as an . . or of fifty tuns and upward , as ●…n . . a contra hostiles aggressus gallorum , against ●he hostile attempts of the french. causing ●he town of southampton anno . b to build 〈◊〉 galley for themselves of an hundred and twenty oares . commanding all the sheriffs for pro●ision of victual , as c anno , , , , . to provide de exitibus comitatuum certum proti●m , at the charge of the county a certain rate , ●…o the proportion sometimes of thirty thousand five hundred quarters of corn and many ba●ons , as anno . d and to send them to the kings army . as also e carrecta & carracum equis & bobus , carts and waggons with oxen ●nd horses out of the counties severally for the ●se of war. sometimes he made the ports to ●end provision themselves , as anno . f and ●ot to suffer any ships with victuals g ibidem discariari , to be there unladed , but to order them by security for those parts where the kings army was lodged . and not sparing the church , exacted h his three first years frumenta & alia victualia pro exercitu suo , corn and other victuals for his army from them . besides the former charges , the persons of men , as well of the nobility as meaner rank , were at their own charge often enjoyned to serve by reason of the wars . i as in an . , , , , , and . k of this king , when they were called singulatim man by man , as well widows as knights l and noblemen , and such as held forty pound land according to their tenures , m sub forisfactura terrarum & catallorum , equis & armis , sumptibus propriis , to appear with horse and armes , at their own charge , under penalty of forfeiting their lands and chattels ; and to provide de hominibus a●… arma ultra famulos suos consuetos , men for the service besides their ordinary servants : according to augustus a rule , viri foeminaeque ex censu coactae dare militem , both men and women were forced to find their souldiers . and of this the clergy was not exempted b anno . of this king. and out of every town one sumptibus propriis , at their own charges , for forty dayes , as anno . or for . as anno . or pr●… . septimanis for seven weeks , as anno . c sometimes a thousand in one gounty , as anno d sometimes an entire army of eighteen thousand three hundred , an . . and e forty eight thousand eight hundred at the charge of all the counties anno . f london sumptibus civitatis at the cities charge , found . men for forry days anno . and the like anno . contra insultus regis eranciae , against the invasions of the king of france . h the king commanded anno . that all of forty shillings land and upwards should rateably send to his service men ; i and an . , , , and . that all jurati ad arma , sworn to armes , or from sixteen to sixty , secundum statutum wincestriae , according to the statute of winchester , should attend their services . k and anno . injoyned all from twenty to sixty to be armed and victualled at their own charge . l and commanded the sheriffs annis , , , , and . to see all the able men of england so furnished , that parati sint & muniti ad veniendum ad regem quando vocati fuerint , they should be provided and in a readiness to march to the king when he sh●… them , their weapons to be provided ad 〈◊〉 ●ncolarum , at the charge of their neig●… dwellers : and themselves enjoyned to must●… train every six weeks . if any neglected h●…ted service , there was sent to the sheriff ●…it de habenda ●llos coram concilio , qui praemo●… cum venerunt ●n expeditione regis , to bring them before the council , who knowing of it before , refused the expedition , as anno . . the parties imprisoned , and their goods seized into the kings hands , as b anno . & . or else redemption by fine , as the c sheriffs of buckingham and bedford did their men for six hundred marks anno . the owner of forty shillings land to redeem his first default d cum tertia parte bonorum , with the third part of his goods ; the second cum tota residua , with the remaining parts ; at the third , sint corpora corum ad voluntatem regis , their bodies to be at the kings disposal ; and of knights , qui non fuerunt in exercit● regis , l. de qualibet hida , which were not in the kings army , l. for every hide , as e anno . i have the longer insisted upon this king , that tanquam in speculo , as in a glass we may behold the intolerable miseries of the nobility and commons inseparably accompanying the times of war. edward the third charged f the lands of his subjects twice forty shillings of every knights fee ; and five pound sixteen shillings of every parish in the forty eighth year of his reign . out of the goods of the commons he took once the ninth part , and fifteenth of forrest and waste ; twice the tenth , thirteen times a fifteenth for one year , and twice for th●…ars : and once the twentieth part of all move●… and thirty thousand sacks of wooll upon co●… . of the burroughs and cities , four tenths , 〈◊〉 one for three years . from the lords the ten●…eaf , lamb , and fleece : who with the bishops ●…d knights grant twenty thousand sacks of woll for payment of the kings debts , giving in the interim security themselves by bond to the earl of brittain , to whom their soveraign stood engaged . of the clergie alone one tenth for four years , three for three years , and one for one year . besides a contribution in the twelfth of his reign , seizing in the same year all the goods of the cluny and cistertian monks . of the church and laity together he received six times the tenth of all their moveables . from the merchants and state a subsidy of wooll for three years . imposing anno . s. d. upon every sack transported : which doubled the impositions of his father and grandfather . advancing it after for six years to forty shillings : and in anno . ( being the year he resumed his stile of france ) to s. d. the sack of wooll . taking poundage d. of all commodities inward and outward and enjoyning the merchants for every sampler of wooll transported to return in forty shillings bullion to his mint . a himself becoming merchant of all the tinne in devonshire and cornwall anno . in auxilium supportationis onerum belli , to help him bear the burthen of his wars : assesting upon the heads of his subjects a fine of d. severally anno . besides in b anno . he took a loan of the bishops , abbots , justices , & aliis potentioribus regni , de diversis pecuniarum summis , inter summas de l. & l. and other wealthy men of his realm , in several summs of money , betwixt the summs of l. and l. in the first of his reign a he commandeth all the sea-towns to attend with ships his service , sumptibus propriis & duplici eskeppamento , at their own proper charge , and with double skippage , and to provide as many as they can of sixty tun and upwards . and the year following b layeth the like charge upon seventy six port-towns for all ships of forty tun and more . and an . . c the like at their own charge , besides a contribution of money , d for payment whereof the officers are commanded , ut eas per districtiones & alias punitiones prout expedire viderint compellent , to force it by distraining , and what other punishments they shall find expedient . injoyning such merchants of london , qui ex transmarinis passagiis lucra adquirunt , who had traffick in forreign parts , to furnish ships for war at their own charge . e and anno . the cinque-ports set out to sea thirty ships , and maintain them during the service , half at their own , half at the councils charge . four score ships being furnished and defrayed by the out-ports , the admiral directed to embargue all other ships for the kings service . f and although the subject found this an infinite grievance , yet could he ( upon humble complaint in parliament ) receive no further relief , than that the king would not have it otherwise than before . g for provision of his arms , the king took at one time , and at a rate of loss to the subject , nineteen thousand quarters of grain , two thousand two hundred oxen salted , and three thousand bacons ; besides of other provisions an infinite quantity . a the like very frequent all his reign●… pro guerris necessariis , ubi id magis commode fie●… poterat , for the necessities of his wars , where 〈◊〉 could be done with more conveniency . the persons of all his meaner subjects from sixteen to sixty he causeth b to be armed in readiness ad praemonitionem . dierum , at five dayes warning ; the decrepite to contribute ad expens● praemissorum , towards the expences of the rest : an● to arrest the bodies of the disobedient , that 〈◊〉 ipsis tanquam de inimicis sumat vindictam , they might be dealt withal as enemies . c the gentry and nobility supplying the king in his wars , and 〈◊〉 their own charge , d sometimes with seven or eigh● hundred men at arms , and two or three thousand archers , as anno . with other proportions 〈◊〉 divers years following . and the bishops ordered e to furnish armis & equis competentibus , serviceable arms and horses , so many as occasion required : and their persons ( together with the lay nobility ) commanded f quod sint parati equ●… & armis & toto servitio debito , with horse and arms and all necessary accoutrements to attend the king in his wars . these wars ( which as edward the third professeth himself in parliament , g could not without his great danger and loss of honour be maintained , unless by perpetual aid from the subjects ) were so grievous to them , that in anno . they complain in parliament of the miseries they underwent thereby : as of their aids advanced to forty shillings fine , that by law should be but twenty shillings . their setting forth of men , and the kings taking of their victuals without payment ; the sea left to the charge of their keeping , and from their woolls by way of subsidy sixty thousand pound yearly exacted without law ; besides the lending of two thousand sacks , and themselves restrained from transporting any . but such was the necessity of these times , that neither they had redress of their complaint , nor the state one year discharged of contribution all his reign . richard succeeding his grandfather declareth both a anno . and . that the great wars he was left in , and the territories he inherited beyond sea could not be maintained , except the subject of this realm gave supply of means thereto . he therefore of the clergy and laity took once the tenth of all their lands , and thrice of the goods of the commons the like entirely , and six times the half , twelve times a fifteenth , and six times the moiety : and had anno . granted one tenth to him , and a fifteenth and a half of either of them yearly for the term of life . from out of the burroughs and cities thrice a full tenth , and once a moiety . out of all merchandises he received three years 〈◊〉 d. in the pound , and once d. and for every tun of wine , and such commodities , for two years six pence , doubling it for as many , and ●…ling it for three years after . the custom of wolls , &c. by edward the first rated at a noble the sack , and under his son increased as much more , was to this king advanced to twenty ●…llings eight pence , which singly for eight year 〈◊〉 had granted unto him , besides once for three ●…rs , and once for four , having it after improved ●…y four shillings four pence , and again to sorry three shillings four pence the sack. the summ of one of these subsidies in anno . amounted to one hundred and sixty thousand pound . from out of the goods of the clergie he had eight tenths and a half ; and one out of those and the laiety together ; besides a loan anno . of sixty thousand pound . by the poll or heads of all his people from above fifteen years , he collected twice a contribution , assessed proportional from the begger to the duke : besides in strength of prerogative only , of every ship and fisherman six pence the tun : the like of newcastle coals , and of every last of corn inwards or outwards the like summ . to furnish his journey for ireland he took their horses , armour , cattel . a hinc factus est suis subditis invisus , hereupon he came to be hated by his people , saith the bishop of london . and so it seemed : for at his deposing , it was one of the objected articles against him . he the first year of his reign imposed upon his subjects , as formerly his ancestors had done , a personal service ab anno primo , that all the clergie should array armis & equis competentibus , with serviceable horses and arms , from the age of sixteen to sixty , & eos in millenis & centenis poni faciant , & cause them to be entred into regiments and companies . and two years after commanded all according to their tenures by service to fit themselves equis & armis , with horse & arms to attend the wars . but these the courses of elder times were about this time much altered , and the king for the most part ever supplyed in his wars by contract with the nobility and gentry , to serve him with so many men , and so long , and at such a rate as he and they by indenture accorded ; of which there are in the pell plenty yet remaining . thus under grievous burdens did the state labour continually all his time ; for his treasury being wastefully emptied , was , as tacitus saith of tiberius , a scelere replendum , to be filled some ill way ; by which he meant intolerable racking of the people . hence it was that often in this kings time b the subjects humbly beg some ease of the insupportable tallages . but he little regarding the tears or groans of his heartless people , answered them as an . . that their petition and his honour could not consist together . c they again plead extream poverty , in barr of further relief ; complaining that good money was transported , and the state enforced to use base ; and that the price of wooll by wars ( to their utter impoverishing ) was fallen , and that the kings want was only the ill government of his revenues ; and therefore crave to have his present officers removed : and very hardly would be drawn any more to tax themselves , but conditionally , and with this limitation , that their money should be received , expended , and accounted for to themselves , and by treasurers of their own election ; and are content to lend in the end ; loading this poor kings dejected fortune with the reproachful weight of these their many burthens . henry the fourth in thirteen years out of the land of his people received twice relief ; once auxilia de medietate feodorum , an aid of the moiety of the fees , and again a noble out of every twenty pound throughout all the realm . out of the goods of the commons four times a tenth , besides one for three years , and the like one and a half for two . by several grants and years five fifteens , besides one for two and one for three years . out of staple commodities of woolls , fells , &c. one subsidy for one year , four for two apiece , and one for three years . a poundage at d. once , four times twelve pence , whereof the last was for two years . the like number and years of the tunnage , the first only rated at two shillings , the rest at three shillings the tun. out of the moveables of the clergie thrice a tenth , and twice a moiety ; as also of every stipendary minister , frier , and such meaner of persons six shillings eight pence apiece . besides all these , of all he took anno . a a contribution it a gravis , so heavy , that it was granted ea conditione , ne trahatur in exemplum , & ut evidentiae post datum computum cremarentur , upon this condition , that it should not be made an example to following times , and that after the account the evidences should be burnt . next him succeeded his son henry the fifth ; in whose nine years reign i find no charge imposed upon the land of the subjects . out of the goods of the commons he received six times the tenth and the fifteenth entirely , and once two thirds only of staple wares ; a subsidy once for four years , and after for life : three shillings tunnage , and twelve pence poundage for the like terms as the former subsidies . thrice he had the tenth of his clergy . and in the eighth of his reign , when the chancellor bewailed to him in parliament the feebleness and poverty of the people by reason of wars and scarcity of money , he ( who of as many attempts as he undertook , totidem fecit monumenta victoriae , raised himself so many monuments of victory , ) yet for redress and ease of those miseries ( as livy saith of an excellent soldier ) pacem voluit etiam quia vincere potuit , he preferred peace because he knew he could overcome . and left in the ninth year of his reign a peaceable succession and heir , nimium felix malo suo , too happy to his own undoing , as the event proved . for retaining nothing ex paterna majestate praeter speciem nominis , of his fathers greatness more than the specious name of a great king , by fear and facility he laid the way open to his factious ambitious kindred , to work themselves into popular favour , and himself into contempt : which was soon done by leading the easie king by expence into extremity , and the people into burdens . for besides the resumptions he took of his own and fathers grants , ( which was of purpose plotted to make a consumption of duty and affection towards him ) he out of the old inheritance of his subjects exacted six pence in the pound anno . and doubled twice that valuation , not only on all lands purchased from the entrance of edward the first , but of all free-hold and coppy-hold under l. and two in twenty of all above . he further imposed first six shillings eight pence , and then twenty shillings upon every knights fee. out of the goods of the commons he had six tenths , whereof one for three years , besides three moieties , and one third ; of fifteens three halfs , one third , and eight entire , of which there was of two a three years grant . besides these former , out of the woolls he had l. raised by a moiety of a tenth and fifteenth , and again of all goods six shillings eight pence in the pound . of the merchant , of subsidies rated as in former times , he had them by grant once but for a year ; the like doubled for two , and trebled for three and a half . this subsidy advanced to thirty three shillings four pence of denisons , and fifty three shillings four pence of aliens . the sack of wooll was twice granted for four years at a time , and anno . for term of the kings life . besides a subsidy alone of aliens goods , tonnage and poundage improved to six shillings eight pence he took in his eighteenth year . and after the rates of his fathers time he had it first thrice by his several grants and years , then as often for two years , and again by a new grant for five years , and in the end for term of his life . of the clergie he had besides one half of dismes , four entire tenths . and by the state in general an . . two thousand archers maintained for half a year at the common charge . by the poll he exacted anno . of every merchant stranger if a householder sixteen shillings apiece , if none six pence . and anno . six shillings eight pence of every such stranger , and twenty pence of their clerks . an. . he had granted for term of life ten pounds a year of all inhabitants meer aliens , and a third less of denizons , and twenty shillings of every stranger merchant that came into the land . the first monopolies i find were grounded upon the extremities of these times ; for in anno . the spinellos , merchants of genua , had by grant for eight thousand pound the sole trade of many staple-commodities . as the merchants of southampton had all allome for the like summ . yet for all the contributions , taxes and shifts , ( whereby the impoverished people were enforced to petition redress ; for which a parliament was anno . summoned only , ) the kings coffers were so empty , and the yearly revenues so short , as the lord trea●●r●r was constrained * an . . to complain in parliament of the one , and declared there the other to want thirty five thousand pound of the needful expence , as the best motive to work a relief from the common-wealth : which was b●…he people in part effected . a but by anno . the debts were swoln again so great , that the parliament was reinforced not only to see them , but to support and victual his household . thus was this unhappy princes reign all war and waste : and in the end , as one saith of b lepidus , à militibus & à fortuna deserebatur , being forsaken both of souldiers and fortune , he was left a while to a disgraced life , s●… quam tueri non poterat dignitate , and despoiled of that dignity which he was not able to maintain : edward the fourth , c besides two resumptions not only of the grants of such kings as he accounted de facto , and not de jure to reign , but also of those made by d himself , and that sea of profit that by infinite attaintures flowed daily into his treasury , took notwithstanding of the lords spiritual and temporal only a tenth of their yearly possessions , and of the commons six tenths , three quarters ; and the like proportion of fifteens : a benevolence in anno . which e fabian calleth a new contribution : and charged them f anno . with wages of his archers to a summ of l. of the merchant he had tonnage and poundage for term of life . besides of strangers , as well denizons as others , a subsidy the g twenty second year of his reign . leaving his kingdom in the next to the few dayes of his son edward the fifth . for , osten dunt terris hunc tantum fata , nec ultra esse sinunt . — the fates only shewed him to the world , and took him away again . richard his brother succeeded , homo ingeniosissime nequam , & facundus malo publico , a man most ingeniously mischievous , and full of art to beguile the people . he to make a just semblance of his unjust entry , besides his act of parliament full of dangerous untruths , dissembled the part of an excellent prince , making the commons believe by a statute , to which he gave first form , as life , discharging them for ever from all exactions called benevolences , that his opinion was , ditare magis esse regium quam ditescere , that it was more king-like to enrich his subjects , than to grow rich himself . whereas he did but lively imitate nero , that took away the law manlia de vectigalibus , only ut gratiosior esset populis , to ingratiate himself the more with the people . and so all his short reign i find recorded but once any tax upon the people , and that was tenths granted by the clergie of both provinces . henry the seventh succeeding , resumed in the third of his reign most of the grants of office made by the usurper or his brother , and assessed upon the land only of his subjects but one aid in anno . out of their goods and lands a tenth peny , and of their goods only three times the tenth , five fifteens , besides a tenth and fifteenth arising to l . he took three subsidies , whereof the last was not above l . a and one benevolence , the proportion of every alderman b●…g l . and the entire summ of the city of london l. s. d. of the clergi●…e had twice the tenth , and l. by way of subsidy . a and of them and the commons two loans ; the city of lond. rated at l. the other not definite in proportion , but so assessed as commissioners and the lenders could agree . and as well to ease the expence of wars , as issue of the good money going over to bullen , b he stamped an allayed coin then usually termed dandeprats : a course that necessity after enforced his son and successors to practise , and is an apparent symptome of a consumed state. but that whereby he heaped up his mass of treasure , ( c for he left in bullion four millions and a half , besides his plate , jewels , and rich attire of house ) was by sale of offices , redemption of penalties , dispencing with laws , and such like , to a yearly value of l. his successor , reaping the fruit of his fathers labour , gave ease of burthen to the subjects his first two years ; taking within the compass of his other thirty four three tenths of the commons , four fifteens , six subsidies , whereof that an . . amounted to l. and that anno . l. tonnage he had and poundage once for a year , and after for term of life . of the clergie four tenths by one grant , and three by several , every of them not less than l. of subsidies he had one of the province of canterbury , another of both ; the stipendary ministers there to be taxed according to the rate of their wages . in anno . they granted a moiety of all their goods and lands , payable by equal portion in five years , every part arising to l. and not long after he had added l. to the yearly revenues of his crown , by an inhumane spoil of sacred monuments , and impious ruine of holy churches , if gods blessing could have accompanied so foul an act. and as these former collections he grounded upon law , so did he many upon prerogative : as benevolences and loans from the clergie and commons . of the first there were two remarkable , that in anno . acted by commissioners , who as themselves were sworn to secrecy , so were they to swear all those with whom they conferr or contract . the rates directed by instructions , as the thirds of all goods , offices , land above l. and the fourth under . and although the recusants ( whether from disobedience or inability ) are threatned with convention before the council , imprisonment , and consiscation of goods : yet in the a design original under the kings hand , it hath so fair a name as an amicable grant. the other about b an . . exacteth out of all goods , offices , land from forty shillings to l. d. in the pound , and of all above d. and amongst the many loans , there is none more notorious than that of an . . c which was l. in the hundred of all goods , jewels , utensils , and land from l. to l. and twenty marks of all above , as far as the subjects fortune , revealed by the extremity of his own oath , would extend . and to stop as well intentions if any had been , as expectations of repayment of such loans , d the parliament in an . . acqui●teth the king of every privy seal or letter miss●ve . edward the sixth his son , besides tonnage and poundage for life , an . . received of his lay-subjects six fifteens , and of both three subsidies , leaving one of the temporalty ungathered : which his sister mary remitted in an . . of her reign ; yet after ( incited by the french king succouring her rebels , and suffering her money adulterated in his dominions , purposely to be hither transported , as also to side the quarrel of philip her husband against him ) being drawn into wars , she was inforced to press upon her people , who besides the loan in an . . and tonnage and poundage an . . for term of life granted unto her by parliament , took five fifteens of the commons , and of them and the clergie three years subsidies . her sister of happy memory succeeding , besides divers loans of her people and others in forreign parts , ( as anno . when william herle was dispatched into germany to take up at interest for six years great summs of money , the like anno . from the merchants of colen and hamburgh upon bond of the city of london , and again of spinello and pallavicini upon the former security , strengthened with the assurance also of many of her chiefest councellors ) had by grant of her subjects thirty eight fifteens , twenty subsidies of the commons , and eighteen of the clergie . all which together rose to a summ of two millions and l. having thus far ( with as light a hand as i could ) drawn down the many and mighty burdens of the common-wealth , if but with a touch of the princes extremities beyond the ease of these former helps i heighten up this draught , it will with much more life and lustre express the figure of wars misery . a the credit of kings it hath brought to so low an ebb , that when by force of necessity they borrowed money , they could not take it up but by collateral security , and extream interest . as edward the third in the patent to b william de la poole confesseth that propter defectum pecuniae negotia sua fuerunt periculosissine retardata , for want of money his affairs were dangerously delayed , ( they are the words of the record ) and the honour of him and his royal army magne fuit depressioni paterter expositus , & progressus non sine dedecore suo perpetuo impeditus , he was brought to a manifest low condition , and his proceeding to his great dishonour had been constantly hindered ; if de la poole had not as well supplyed him with the credit of his security , as with the best ability of his own purse . for which service he honoured him and his posterity with the degree of baronets , and five hundred pound land of inheritance . the interest of henry . ad plus quam centum quotidie libras ascenderat , ita ut imminer●t tam clero quam populo angliae desolatio & ruina , came to more than a hundred pound a day , so that present ruine and desolation hung over the heads as well of the clergie as the people . queen mary a borrowed in flanders at fourteen in the hundred , besides brocage upon collateral security . the late queen was enforced b to the like thrice with strangers upon the city of londons assurance , as before , and with her c own subjects after upon mortgage of land. a course more moderate than either that of the first william , that took out of churches such money as several men had committed thither for more security : a or that of charles the fifth , that to repair the waste of his italian wars , went in person to barcilona , to seize into his hands a mass of money called depositum tabulae , which as well strangers as subjects had there laid up in sanctuary . but these are not the conditions of princes of our times only : for in the lives of caligula , nero , and vespasian , suetonius of them severally writeth , exhaustus & egenus calumniis ●apinisque intendit animum , being drawn dry and grown poor , they bent their minds to calumnies and rapines . for perniciosa res est in imperante tenuitas , want in a prince is a dangerous thing ; and as theodoricus said , periculosissimum animal est rex pauper , a poor king is the most dangerous creature living . it hath abated the regalities of houses ; an . . of richard the second and . b of henry . when as well from want of means , as the subjects petitions in parliament , ( for expeditissi●a est ratio augendi census detrahere sumpti●us , the readiest way to raise the revenue is to take down expences , ) they have much lessened their hospitality ; their tables being either defrayed by their subjects , as of henry the sixth , or as henry the third , when by necessity c ita consueta regalis mensae hospitalitas abbreviata fuit , ut ( postposita solita verecundia ) cum abbatibus , clericis , & viris satis humilibus hospitia quaesivit & prandia ; the wonted hospitality of the kings table was sunk so low , that ( without farther shame ) he many times lodged and dietted with abbots , clerks , and very mean persons . it hath caused our kings to sell and alien●… the possessions of the crown : as henry the thi●… a who gave to edward his son licentiam 〈◊〉 pignorundi terram vasconiae , leave to pawn 〈◊〉 duchy of gascoign ; and caused himself 〈◊〉 long after by the like occasions , to sell 〈◊〉 l. ( except some pittances reserved ) 〈◊〉 b entire signiory of normandy . what 〈◊〉 late mistris and her father did , is yet fresh 〈◊〉 memory . but this mischief hath trenched 〈◊〉 into the fortunes and affections of the subje●… when princes to repair the breach of their 〈◊〉 revenues , have often resumed the possessions 〈◊〉 their people ; as c edward the second an . , 〈◊〉 & . omnes donationes per regem factas 〈◊〉 damnum & diminutionem regis & coronae 〈◊〉 all the grants made by the king to the lesse●… and prejudicing of the king and his crow●… d richard the second anno . did the like of●… grants made to unworthy persons by his gran●… father , and recalled all patents dated since 〈◊〉 fortieth of edward the third . thus did henry 〈◊〉 e an . . and f hen. . in the twenty eighth 〈◊〉 his reign , edward . in anno . and . a●… hen. . in an . . with all offices of his cro●… granted either by the usurper or his broth●… neither is this in it self unjust , since as well 〈◊〉 reason of state as rules of best government , 〈◊〉 revenues and profits g quae ad sacrum pa●… monium principis pertinent , which belong to 〈◊〉 sacred patrimony of the prince , should remain 〈◊〉 and unbroken . but when neither credit , frugality , or s●… of lands would stop the gulf of want , o●… princes have been so near beset , as with ner●… ●…d antonius the emperours to sell and pawn ●…eir jewels . the archbishop of york had ●…ower from henry the third an . . a ( in wa●s ●…yond sea ) impignorandi jocalia regis ubi●…nque in anglia pro pecunia perquirenda , to ●…wn the kings jewels any where in england to ●…ise money . b edward the first sendeth egi●…ius andevar ad jocalia sua impignoranda , to ●…awn his jewels . c edward the third pawn●…h his jewels to pay the l. beaumont and the ●…rangers their wages in war. the black d prince was constrained to break his plate into mo●…ey to pay his souldiers . e richard the second pawned vasa aurea & ●…iversa jocalia , vessels of gold and divers ●…ewels to sir robert knowles . f henry the ●…urth anno . to a merchant for money invadi●…vit tabellam & triscllas suas argenteas de ●…ispania , ingaged his tablet and stools of silver which he had from spain . g henry the sixth ●…ageth and selleth to the cardinal of winchester ●…nd others an . , , and . h many par●…els of his rich jewels . and the late queen in ●…e end of her dayes ( to ease her subjects ) did the ●…ke with many in the tower. and extremity hath yet stretched some of our kings to so high a strain of shift , that edward ●…e third i invadiavit magnam coronam an●…liae , pawned his imperial crown three several ●…mes ; an . . in partibus transmarinis in for●…aign parts , and twice to sir john w●senham his ●…erchant , first in the k twenty fourth , and ●…fter l an . . in whose custody it remained ●…ight years . to henry bishop of winchester henry the fifth invadiavit magnam coronam auream , gaged his imperial crown of gold in 〈◊〉 fifth of his reign . and when henry the thi●… had laid to gage a omnia insignia regalia , 〈◊〉 his robes and kingly ornaments , and upon assurance of redelivery or satisfaction had pawne●… aurum & jocalia feretri s. edwardi confess●…ris , the gold and jewels belonging to the shri●… of s. edward the confessour , ( a course mo●… moderate than by force to have taken , as willi●… the conquerour did the chalices and shrines 〈◊〉 other churches , or as b clement the seventh●… who to pay the souldiers of charles the fifth me●…ed the consecrated vessels ) was in the end , wh●… he had neither means of his own left nor reputatio●… with others , constrained to beg relief of his subject●… in this low strain , ( c ) pauper sum , omni destitu●… the sauro ; necesse habeo ut me juvetis : nec aliqui●… erigo nisi per gratiam : i am poor , and have 〈◊〉 treasure left ; ye must needs relieve me : neither d●… i demand any thing but of your meer love and courtesie : and turning to the abbot of ramsey , to say , amice , obnixe supplico quatenus me juvas mi●… centum libras conferendo , my friend , i beseec●… thee for gods sake to help me with an hundred pound : adding withall majorem eleemosyn●… fore sibi juvamen conferre pecuniamve , qu●… alicui ostiatim mendicanti , that it would be a greater deed of charity to contribute to his wants , than to give to one that begged from door to door . so that of the waste of these time●… and want of those princes i may truly with the satyrist say , ossa vides regum vacuis exuta medullis . thou seest the bones of kings spoil'd of their marrow . it now resteth by some few particulars to observe with what wealth we have returned ●ome , loaden with the spoils of our enemies ; ●ince no motives are so powerful to the common greedy people as the hopes of gain , which will ●asily enforce them a ire super gladios , superque cadavera patrum , et caesos calcare duces , — tread upon swords , and on their fathers graves , and spurn their slaughter'd captains — in the expeditions of henry the third , their purchases were so great , that the b londoners were more grieved at the intolerable beggeries that the king and his army brought back , than for the expence of their own moneys : for cum labor in damno est crescit mortalis egestas , when toil brings loss , begg'ry must needs increase . the same king , although called in by the nobility of france c in faction against their master , returned no better rewarded than consumpta pecunia infinita , & nobilibus & militibus innumer abilibus vel morti datis vel infirmitati , vel fame attenuatis , vel ad extremam redactis paupertatem , with the having spent an infinite deal of money , his nobles and souldiers without number being either slain , or sickly , 〈◊〉 maimed , or half-starved , or else reduced to 〈◊〉 tream poverty . innocentius the pope repayed the expence 〈◊〉 henry the third and his people in his sicilian s●…vice with no better wages than this scoffe , th●… england was a puteus inexhaust us quem 〈◊〉 lus poterat exsiccare , a well not to be emp●… which no man could draw dry . what the succeeding times afforded may be well gathered o●… of the many petitions in parliament , in the twenty second of edward the third , the fourth and seventh of richard the second , the eighth of henry●… the fifth , and tenth of henry the sixth , ever complaining of the extream beggery the people brought home , and desiring some speedy relief . the treasure b henry the eighth spent in aid of matoimilian about recovery of veron●… nullum aliud factum nisi damnum & dedec●… peperit , brought him nothing else but loss and dishonour . for the emperour having his turn served , delivered contrary to contract , that city to the french , threatning to confederate with them , ni rex ei continuo persolveret , unless the king would forthwith pay him down a great summ of money ; believing as the words are ) minis & terrore ab hoc rege pecuniam posse haberi , that this king would part with his money upon threatnings and great words . for the great army of this king sent over into france , and the million almost of crowns he supplied the emperour and duke of bourbon with in their wars of millan , his people enduring new and unheard of taxes at home , and his souldiers great extremity abroad , he was himself at the last of all , ( their ends effe●●ed ) having spent the treasure of his father , ●nd the bounty of his subjects , forsaken and ●●st as the pasquil painted him , inter maysem , ●hristum & mahumetem , betwixt moses , christ ●nd mahomet , with this word , quo me vertam ●●scio , which way to turn me i know not . for ●wo millions of a crowns bestowed in purchase ●f tournay , not without suit of his own , he deli●ered it with little or no recompence : and rated ●is potential interest of france at no greater ●umm than an annuity b of crowns . what from the thirtieth of this king until the last ●f his son edward the sixth for c l. ● s. d. spent at sea and land in forraign wars , his state received of inrichment , it seemeth so ●ean , as not worthy any place either in story or accompts . until the late queen was drawn into wars , ●he had in treasure l. but after she was ●nce intangled , it cost her before the thirtieth of ●er reign l. at which time she was but ●ntering into the vastness of her future charge : for the annual expence of l. in the low-countries , from . until . the yearly disbursement for d flushing and the brill ● l. the debts of the states l. and the aides of the french king since he attained to that crown to above l. was after that time . thus by reason of war , besides taxes upon her people to the summ of two millions , and eight hundred thousand pounds by subsidies , tenths and fifteens , she hath spent of her lands , jewels and revenues an infinite proportion . as for the imaginary profit grown by th●… many rich spoils at sea and attempts in spain , it may be well cast up by two examples of o●… best fortunes . the journey of cales a defrayed not the charge to her majesty by ●… and our times of most advantage by prizes between b anno , and of the queen , wherein we received but l. defrayed not the charge of her navy , arising in the same yea● to l. as to the greatest loss , expence of christian blood , it may well susfice to bemo●… with * horace , parumne campis atque neptuno superfusum est latini sanguinis ? neque hic lupis mos nec fuit leonibus unquam , nisi in dispar , feris . is there as yet so little latine blood spilt on the fields and floods ? nor wolves nor lions do we ever find so cruel to their kind . the last motive from utility is increase of revenues to the publick treasury by addition of forreign dominions . which can receive no answer so full of satisfaction , as to instance the particular summs , exhausted in every age to retain them . beginning first with the duchi● of normandy : for retention whereof william the conquerour from hence , ( as the c author saith ) laden thesauris innumeris , with unaccountable treasure , exacted sive per fa● sive per nefas , in normanniam transfretavit , gathered together by hook or by crook , wafted over into normandy . his son a ad retinendam normanniam , angliam excoriavit , to retain normandy flayed off englands skin . to the same end by b henry the first , anglia fuit bonis spoliata , england was despoiled of its goods . his c grand-child took scutagium pro exercitu normanniae , a scutage for his army in normandy three times at a high rate : and was inforced then against incursions of the french to build and man d thirteen castles de novo & integro , intirely new . richard the first e exacted heavily upon his people , ut potentes homines regis franciae sibi conciliaret , ut terram propriam normanniae tutaretur , therewith to make himself friends amongst the most powerful courtiers of france , so to keep quietly his possessions in normandy . king john f as wearied with the charge neglected it : and his son g feeling a burden more than benefit , resigned his interest there for a little money . when it was again reduced by henry the fifth , h the judgement in council was , that the keeping of it would be no less of expence than to war forth for all france . in the quiet possession of his son henry i ( john duke of bedford then regent ) this duchy cost the crown of england l. yearly . k in an . . ●…t appeareth by the accompts of the lord crom●…wel treasurer of england , that out of the kings exchequer at westminster the entertain●…ent of the garrison and governour was de●…rayed , the rents of the duchy not supporting ●…he charge ordinary . l when richard duke of york was in the fifteenth year of henry the sixth ●…egent , the certain expence over-ballanced the receipt l. and an . . a the lord hastings chancellour of france declareth in parliament , that normandy was not able to maintain it self . but thus it continued not much longer ; for this crown was both eased of the duchy and charge shortly . of the principality of aquitain , the duchy of gascoign , guien and the members , i find the state thus in record . in the twenty sixth of henry the third . b there was issued from the treasurer and chamberlains at westminster l. for payments in gascoign ; besides an infinite proportion of victuals and munition thither sent . to retain this duchy in duty and possession , c this king was inforced to pawn his jewels , being are alieno graviter obligatus , thesauris , donativis , tallagiis , & extortionibus in anglia consumptis ; very much indebted , and having spent all his treasures , grants , tallages , and other extortions in england . besides the people there at his departure extorserunt ab eo confessionem quadraginta millia marcarum , forced an acknowledgment from him of marks . and a story of that time saith of anno . d ille per multos labores & expensas inutiliter recuperavit castra sua propria vasconiae , with a great deal of toile and expence , he unprofitably recovered his own castles in gascoign ; of which the labour was more than ever the benefit could be . and thus it appeareth to have continued ; for an . . e of edward the second , the money disbursed out of england to defray the surcharge there came to l. shillings d. besides quarters of grain , and of beeves and bacons an infinite proportion . in the first of edward the third a the issues of gascoign were l. above the revenues . the signiories in aquitain b cost in eight years , ending the thirty sixth of this king , l. shill . d. de receptis forinsecis only , it was delivered in parliament , an . rich. . c that gascoign , and some few other places that were then held in france , cost yearly this crown l. and in the seventeenth of this king d a parliament was summoned for no other cause especial , than to provide money to clear the annual expences of those parts . the charge of bordeaux e but one town , surmounting in half a year all rents and perquisites there l. as fronsack in aquitain l. for double that time ; when the intire duchy exceeded not l. in yearly revenues . the charge of guien all the reign of henry the fourth f was l. annually out of the exchequer of england . by accompt aquitain ( besides guien l. ) was the g first of henry the fifth in surplusage of charge l. and the town of h bordeaux the five first years of the same king l. in the eleventh of i henry the sixth , sir john ratcliffe steward of aquitain received from the treasury of england pro vadiis suis , &c. l. and for expence in custody of fronsack castle only he payed l. shill . the profits of the duchy no wayes able to clear the accompts . the benefit we reaped by any footing in britany , may in a few examples appear . k henry the third confesseth that ad defensionem britanniae non sufficiebant angliae thesauri , quod jam per triennium comprobavit , that the treasure of england would not suffice to maintain britany , which he had found to be true upon three years tryal : and left in the end tam laboriosis expensis amplius fatigari , to tire himself farther with such toil some expences . the town of brest a cost richard the second marks a year , and it stood him in an . . in l. shill . for callis , i will deliver with as much shortness as may be , from the first acquisition until the loss , in every age the expence ( for the most part either out of the treasury or customes of england , ) disbursed . b from the eighteenth of edward the third , until the one and twentieth , in which space it was taken , the charge amounted to l. shill . d. anno . of the same king for little more than a year l. shillings . in anno . l. d. for two years compleat . c in the thirtieth received by richard de eccleshal treasurer of callis from the bishop of winchester treasurer of england , l. d and in the year following l. shill . e in the second of richard the second de receptis forinscecis , which was money from the exchequer at westminster , l. for three years compleat . f anno . l. for three years ending g anno . l. for the like term until an . . l. shill . and h for the four succeeding years l. shill . and for the last three years of his reign , l. from the end of i richard the second until the fourth of henry the fourth for three years k l. shillings . and for one succeeding , l. the charge in victual and provision for two years five months in this kings reign a l. . shillings . in the first four and peaceable years of his son there was issued from the treasury of england b l. shill . for this place . and from anno . until the . l. it cost henry the sixth c above all revenue l. shill . in an . . the subsidies in england were an . . d levied in parliament to defray the wages and reparation of callis . and the e one and thirtieth of this king there was a fifteen and shill . of every sack of wool imposed upon the subjects here to the same end . f and the parliament of . was assembled of purpose to order a course for discharge of wages and expence at callis : and the like authority directed the fourth of edward the fourth , g that the souldiers there should receive victuals , and salary from out of the subsidies of england . the disbursement thereof one year being l. h and in the sixteenth of the same king for like term there was de portu london , hull , sancti botolphi , poole , & sandwico , by the ports of london , hull , boston , pool , and sandwich , l. paid to the treasury of callis . i and in an . . from out of the customes of the same ports to the same end l. shill . k and in . l. and the year following l. the setled ordinary wages of the garrison in this town yearly was hen. . l l. and about the thirtieth , when the viscount lisle was deputy , l. and from the thirtieth of this king to the end of his son edw. . this place did cost the crown l. shill . from the first purchase of it by edw. . until the loss thereof by queen mary , it was ever a perpetual issue of the treasure of this land , which might in continuance have rather grown to be a burthen of danger to us , than any fort of security . for from the waste of money , which is nervus reipublicae , the sinew of a common-wealth , as ulpian saith , we may conclude with tacitus , dissolutionem imperii docet , si fructus quibus respub . sustinetur diminuantur , it foreshews the ruine of an empire , if that be impaired which should be the sustenance of the common-wealth . and therefore it was not the worst opinion ( at such time as the captivity of francis the french king incited a henry the eighth to put off that kingdom , although in the close major pars vicit meliorem , the greater party out-voted the better , ) that to gain any thing in france would be more chargeable than profitable , and the keeping more than the enjoying . the issue was in tournay , bullen , and this town manifest . besides the jealousie that nation ever held over our designes and their own liberty . for as graecia libera esse non potuit dum philippus graeciae compedes tenuit , greece could never be free so long as philip had the fetters of greece in his custody ; so as long as by retention of callis we had an easie descent into , and convenient place to trouble the countrey , a fetter to intangle them , they neither had assurance of their own quiet , nor we of their amity . and it was not the least argument from conveniency in the detention of callis ( after the eight years expired of redelivery ) used by the chancellour of france , b that we should gain much more in assured peace , which we could never have so long as we were lords of that town , than by any benefit it did or could yield us . it was never but a pique and quarrel between the two realms : for upon every light displeasure , either princes would take by and by to callis , and make war there . god hath made a separation natural betwixt both nations , a sure wall and defence , et penitus toto divisos orbe britannos ; that is , the english were divided from all the world . but a little more to inform the weight of these charges , it is not amiss to touch ( by way of comfort ) that from which we are so happily by the infinite blessings of god and benignity of a gracious king delivered ; and also that other of burthen still , ( though much lightened ) until conformity of affections and designs of councils shall further effect a remedy . the charge of barwick and the frontiers in a edward . was l. for three years . in the end of richard . and entrance of henry . b l. and c henry . the custody of the marches l. in the mariae the annual charge of barwick was l. d and in an . elizabeth l. and an . . l. the kingdom of ireland , beyond the revenues , was e. . e l. an. . f l. and g an . . l. all the time of richard . h it never defrayed the charges ; and came short in henry . marks i of annual issues . the revenue there in omnibus exitibus & proficuis , in all the rents and profits yearly , by accompt of cromwel lord treasurer , not above l. but passing over these elder times : in the reign of the late queen , when the yearly revenue was not l. the expence for two years a ending . amounted to l. in an . . for less than two years came it to l. b the charge there in two years of sir john parrots government ending . was l. in anno . the receipt not above l. the issue was l. and when in elizabeth the rents and profits of that kingdom exceeded not l. the disbursement in seven moneths were l. the charge . c for nine moneths l. and for the two years following accounted by the allayed money l. and in the first of the king , l. whose government although it hath blessed both us and that kingdom with the benefit of peace , yet hath it not delivered himself from a large and yearly expence here for supportation of that state out of his own treasure . and thus far in answer of the argument from increase of revenue by forraign dominions . as to the arguments of honour by addition of titles and forraign territories ; it may suffice in answer , that so long as this crown was actually possessed of any such signiory , the tenure and service did ever bring with it a note and badge of vassalage ; than which nothing to so free a monarch as the king of england ( who is d monarcha in regno , & tot & tanta habet privilegia quot imperator in imperio , a monarch in his kingdom , and hath as many and as large priviledges therein as an emperour in his empire , ) could be more in blemish or opposition . to write domino regi nostro franciae , to our lord the king of france , as during the time we held the provinces in france , we usually did in all our letters and publick contracts with that crown , can be called no addition of honour . and whether upon every command to act in person those base services of homage and fidelity , as first in putting off the imperial crown , the kneeling low at the foot of that king , and taking an oath to become homme liege du roys de france , a liege subject to the kings of france , &c. we in performing so the duties of a subject , do not much more disparage the dignity of a soveraign , is no question of doubt . from these considerations of reputation and honour , ( the greatest stayes that support majesty , and retain obedience ) our kings of england have as far as to the forfeit of those signiories , either avoided or refused the services . as king john did normandy ; and edward the second resigned to his son the duchy of aquitain , to put off the act of homage from himself , to whom it could not in respect of his regality but be a dishonour . as appeareth in henry the second , who having made his son consortem imperii , a king of england with him , homagium à filio noluit ( saith the record ) quia rex fuit , sed securitatem accepit ; would not receive homage of him , because he was a king , but took his security . in the seventeenth of richard the second , the lords and justices would not consent to a peace with france , unless the king might not do homage , they held it so bas● , supposing thereby the liberty of the kings person and subject wronged . and thus much of the little reputation that either in title or territory those subordiante duchies in france added to this crown . as for the kingdom of france , the people of england were so little in love with that title , as any honour to them , that by acts of parliament ed. . and ed. . they provided that the subjects of england should owe no obedience to the king as king of france , nor the kingdom of england be in any wise subjected by such union to that crown . and so much we have ever been in fear of that place , lest it might leave this state to the misery of a provincial government : as in h. . the commons urged to contribute for the recovery of that crown , answered , that the gaining of any footing in france would induce the kings aboad there , and by such absence cause great decay and desolation in this state ; besides the transport of our money in the mean time , which would inrich that countrey , and impoverish the realm at home , whereby we should justly again say , a britannia servitutem suam quotidie emit , quotidie poscit , the britains are every day begging to be slaves , every day giving money for it . the last motive is , the advantage we now have of greater facility and assurance of success in any forreign enterprise , by this happy union of both kingdoms , than ever any of our ancestors had . to which in answer nothing can be more full , than laying down the motives and means that led on the kings of this realm to attempt and prosperously effect their undertakings in other parts , weigh how they suit these times , and whether that any or all the advantages we now have , may be to them of equal worth and valuation . the first consideration is in place , the next in person . in the wars of france ( whether those for the defence of particular signiories , or competition of the intire kingdom ) we had ever ports to land at , and forts to retire to , which now we have not . the coast of normandy was our own , by which we might enter the midst of france . and edward the third when he intended to annoy the east part , sided with montfort against charles de bloys , whom he invested with the duchy of britain , that so he might have there an easie footing . thus by leave of his confederates in flanders he had safe entrance for all his army to invade the other side , and a sure retreat , when upon any occasion he would come back , as he did to antwerp . and wheresoever any army may have a quiet descent , the greatest difficulty is overcome ; for the rest consisteth in chance , wherein fortune is rather wont to prevail than vertue . but a ibi grave est bellum gerere , ubi nullus est class● portus apertus , non ager pacatus , non civitassocia , non consistendi aut procedendi locus , quocunque circum spexeris hostilia sunt omnia ; there 't is a hard task to wage war , where there is no port open for our navy , the countrey our enemy , no city our confederate , no place to make a stand or to march out from , but whithersoever a man looks , he can see nothing but hostile intentions against us . and this must be now our case , which was never our ancestors . advantage personal was either a party found made for the persons considerable , the a●… the subjects to our enemies , or our own confederates . of the first , our kings heretofore did either work on the opportunity of any dissention ministred , or by pension and reward either make a fraction in obedience , or neutrality in assistance with the subjects of their adversary . the dukes of burgundy , earls of britain , dreux and others in france , offended with their sovereign , a confederati erant comiti britanniae henrico & regi angliae , became confederates with henry earl of britain and king of england ; and thereupon drew him over into britain . b the same king by yearly pensions of l. kept divers in poictou in fraction against their lord and their own loyalty . edw. . had never undertaken the conquest of france , if c robert de artoys ( displeased with the sentence of philip his master for that earldom ) had not incited and complotted for him , as godfrey of harecourt did after . nor henry d . if the unsound memory of the french king , the jealousie of those princes and orleantial faction had not made his way and fortune . confederates . the confederates our kings held formerly for mutual aid were of such consequence in all their affairs , that those so best strengthened atchieved ever the greatest and most glorious victories . as the first and third edwards , the fifth and eighth henries . whereas henry the sixth , that was of all the rest left most naked to himself , although the greatest otherwise in opportunity , lost all the purchase of his ancestors in the end . it is not amiss in such a foundation of greatness as confederacy , to lay down successively , first , with whom we tyed that knot of love ; then , what were the motives , or assurances ; and lastly , whether the same in both is left to our occasions , and will now or no. henry the first , but to assure his own possessions beyond sea , a adscivit in praesidium comitem britanniae , & theobaldum comitem blesensem , called to his aid the earl of britain , and theobald earl of bloys . henry the second did the like with b robert earl of flanders . and again c cum theodorico comite flandriae , baronibus , castellanis , & caeteris hominibus comitis , with theodoric earl of flanders , the barons , governours of castles , and other the subjects of the said earl ; who stood bound to serve him in summonitione sua , sicut domino , pro feodis quae de ipso teneant , upon a summons , as well as their own lord , for the fees which they held of him . baldwin earl of flanders contracteth under bond d mutui subsidii , quod sine rege richardo angliae non componeret cum rege francorum , of mutual aid , that he would not come to agreement with the french king without richard king of england . and the e britains relicto rege franciae regi richardo adhaeserunt , forsaking the king of france , did joyn with king richard. between king john a and the earl of flanders there was a combination mutui auxilii contra regem francorum , of mutual assistance against the french king. b the like with the city of doway and earl of holland . hen. . anno . drew c peter duke of britany into confederacy against the french ; and fernand earl of flanders with a pension annual of five hundred marks . d and anno . alfonsus king of castile combineth with him and his heirs contra omnes homines in mundo , against all the men in the world. to whom he remained so constant , that an . . and edw. . he would not grant a truce to the french king , but ad preces & instantiam at the instant suit of the king of england . edward . an . . e by a pretence of intermarriage drew florence earl of holland from the french to his party ; f and the year following , by the mediation of the lord of black-mont , the earl of flanders , who in g an . . assisted him in the wars of gascoign . h in the . he combined with adolph king of the romans , and the earl of gueldres ; tying the nobility of burgundy with a yearly donative of l. turonensium to aid him contra regem francie , against the french king. i he had guido earl of flanders and philip his son for l. turonensium in pay against the french king , an . , , and . of his reign ; k retaining the earl of gueldres by pay of l. the duke of lorrain by l. l the nobility of burgundy by a pension of l. and wallerand lord of montay by l. turonensium in his service the same year . a and in anno . reginaldum comitem montis beliardi & alios de burgundia contra regem franciae , reginald earl of mont-belliard and other burgundians against the king of france . edward the second had b auxilium tam maritimum quam terrestre à genoesibus , assistance as well by sea as by land from the genoeses . c and in anno . besides his alliance with flanders , john protector of castile aideth him contra gallos cum . equitibus & peditibus , & scutiferis . against the french with . horse and foot , and . other armed men . edward the third d had by the marriage of philip , the earl of henault and holland her father assured to him ; and retained john of henault and his followers , e qui venerunt in auxilium ad rogatum regis , who came to assist the king at his call , with a salary of l. yearly . before he adventured to avow and maintain his challenge to the kingdom of france , f he made up to his party lodowick the emperour , ( who the better to countenance his enterprise , elected him vicarium imperii , vicar of the empire . ) g reginald earl of gueldres , lewis marquess of brandenburg , conrade lord of hard , who served him with fifty men at arms , the cardinal of genoa and his nephew , who aided him with gallies , the magistrates of colen , bruxells , lorrain and mechlin , and h jaques de artevile head of the gantois faction ; who having quitted all duty to the banished earl , submitted themselves and most of flanders to the service and protection of edward the third , who to free them of two millions of crowns , wherein , as a caution of obedience to the crown of france , a they stood bound as well by oath as obligation , took upon him the title of king of france , and imployed john duke of brabant and lorrain , william marquess of juliers , and the earl of henault and holland , his assured friends , procuratores suos ad vendicandum regnum franci● , his procurators to claim the crown of france . b these his allies not long after meeting him at tournay with one hundred thousand men , as robert de artoys did with fifty thousand at s. omers against the french king. and thus he attired and furnished his first enterprise , weaving into his faction and support more and more , as often as either pretence or just occasions would give him leave . by c colour of marriage he drew in the king of sicily in the eighteenth year , the duke of millain , and the king of castile for mutual aid ; and d simon butangre duke of genoa , and his subjects for hire and reward . in the ninteenth year e the questionable title of the duchy of britain assured him of john de montford ; against whom the f french king maintained charles de bloys for that duchy . in anno . g he renewed the contract with the genoeses ; and in the thirtieth made a convention of peace , & mutui auxili cum rege navarre , and of mutal aid , with the king of navarre . in h the thirty seventh with peter king of castile : and in that and the one and fortieth i an alliance of aid and amity he entred with the duke of britain : and anno . a again with the genoeses and lewis earl of flanders and duke of brabant ; b and an . . with ferdinand king of portugal . richard the second reneweth c in anno . the confederation that his grandfather had with the duke of britain ; and with whom anno . he contracted anew , as he had done anno . with lewis d earl of flanders . in the sixth e year he combineth with the flemings f contra●nimicos communes , against the enemies of them both ; with g the kings of naples , sicily , navarre and arragon , de mutuis auxiliis , for mutual aid ; h and with winceslaus the emperour contra carolum regem franciae & robertum regem scotiae , against charles king of france , and robert king of scotland . in anno . i with the kings of jerusalem , sicily , and portugal . in the tenth with portugal , who at his own charges aided this king with ten galleys . and with william duke of gueldres de mutuis auxiliis , for mutual aid . and anno . k . and . with albert duke of bavaria . l and an . . with the earl of ostrenant de retinentiis contra regem franciae , against the king of france . and rupertus count palatine of the rhene anno . became a homager for term of life to this king. henry the fourth entred alliance m of mutual aid in two years with william duke of gueldres and mons. n in the twelfth with sigismund king of hungaria . o and in the thirteenth by siding with the factions of the dukes of berry and orleans , laid the basis upon which his son that succeeded reared the trophies of his renown . for henry the fifth going forward upon the advantage left and daily offered , strengthened himself anno . a by a league perpetual with sigismund the emperour ; renewing that of richard the second b with john king of portugal , as his father had done . he entred a contract with the duke of britain , and with the queen of jerusalem and lewis her son for the duchy of anjou and mayn ; and with the king of portugal and duke of bavaria for supply of men and munition by them performed . c and the year before the battel of agincourt sendeth the lord henry scrope to contract with the duke of burgundy d and his retinue for wages in serviti● suo in regno franciae vel ducatu aquitaniae , in his service in the kingdom of france , or the duchy of aquitain ; esteeming the alliance of that house the readiest means to attain his end . henry the sixth ( i ) so long as he held the amity of britain ( for which he contracted ) and the confederacy of rurgundy , his friend of eldest assurance and best advantage , which he did to the sixteenth year of his government , there was no great decline of his fortune in france . but when burgundy f brake the bond of our assurance , and betook him to the amity of france , and dealt with this crown , but as a merchant by way of intercourse , first at the treaty of g bruges . then at h callis . the reputation and interest we held in france declined faster in the setting of this son , than ever it increased in the rising of the father . and edward the fourth who succeeded , sensible of this loss , wooed by all the means either of intercourse or marriage to win again the house of burgundy a which in anno . he did , to joyn for the recovery of his right in france . b and drew in the year following the duke of britain to that confederacy . in the c eleventh year he renewed with charles of burgundy the bond of mutual aid ; and contracted the next d year the like with the king of portugal . and in an . . pro recuperatione regni franciae contra ludovicum usurpantem , for the recovery of the kingdom of france out of the hands of lewis the usurper , ( e as the record is ) entred a new confederacy with the dukes of burgundy and britain : f and in the end wrought from them a round pension of money , though he could not any portion of land . henry the seventh g anno . & . entertaineth an alliance with spain against the french king. the like in the eighth with the king of portugal : and in the tenth h with the house of burgundy for intercourse and mutual aid . henry the eighth in anno . i reneweth the amity of portugal ; and the next year combineth with the emperour maximilian against lewis the french king , who aideth him out of artoys and henault with four thousand horse and six thousand foot ; whereupon he winneth tournay , k consilio , auxilio , & favoribus maximiliani imperatoris , with the advice , assistance , and countenance of the emperour maximilian . in anno . l to weaken the french king , he entreth league with the helvetian cantons by his commissioners wingfield and pace ; and with m charles of spain for amity and mutual aid : into which maximilian the emperour and joan of spain n were received the year following . a in an . . with the emperour charles and b margaret regentess of burgundy he maketh a confederation against francis the french king , as the common enemy : & quia rex angliae non possit ex propriis subditis tantum equitum numerum congerere , the king of england could not furnish such a quantity of horse of his own subjects , as was mentioned in the contract , the emperour giveth leave that he levy them in any his dominions in germany . and the pope in furtherance of his intendment , interdicteth the french territories , calleth in aid brachii seculdris , of the secular power , c those two princes ; appointeth the emperour protectorem & advocatum ecclesiae , the churches advocate and protector ; and stileth their attempt sancta expeditio , an holy expedition . d and this is by the treaty at windsor the next year confirmed and explained . renewing in the years e twenty one , thirty five and thirty eight the association , and bond of mutual aid with the same princes , and against the french king , if he brake not off his amity with the turk . and although f edward the sixth in the first year of his reign made the contract between the crown of england and the house of burgundy perpetual ; yet g forbore he to aid the emperour in the wars of france , disabled ( as he pretended ) by reason of the poverty the troubles of scotland had drawn upon him ; h and therefore offered the town of bullen to the imperial protection . during the reign of queen mary , there was no other but that i of marriage , aid and entercourse with the emperour , spain and burgundy ; a and besides that tripartite bond at cambray of amity and neutrality . our late renowned mistris entertained with the prince of conde b about new-haven , and c with charles the ninth . and at d bloys . with the king of navarre before the accession of the crown of france to him , and after britain , and lastly by the duke of bullen e in ninety six . and with the states of the netherlands in the years eighty five f and ninety eight , divers treaties of amity , confederation and assistance . by all these passages , ( being all that well either our story or records can discover ) it appeareth manifest the kings of england never to have undertaken , or fortunately entertained any forreign enterpize without a party and confederate . amongst which by situation , those of best advantage to us have been the dukes of britain , lords of the netherlands , the city of genoa , the kings of portugal and spain , and the empire , since knit into the house of burgundy . as for the remote and in-land princes of germany , the kings of denmark , poland and sweden , ( so far removed ) i have seldome observed that this crown hath with them contracted any league of assistance or confederacy , but of amity and entercourse only . it remaineth to observe a little , what were the reasons that first induced , and then preserved the affection and alliances of these several nations respectively to this crown . the assurance we had of the state of genoa was their pensions and traffick here . all which time by equality of neighbourhood they stood of themselves without any jealousie of surprize . but as soon as vicinum incendium , the fire began in millain , they put themselves into the protection of spain , foreseeing how dangerous it would be for a weak state to stand neutral , according to aristhenus counsel to the aetolians , a quid aliud quam nusquam gratia stabili praeda victoris erimus ? what else will become of us , being in firm friendship with neither side , than to be made a prey to the conquer our ? since which time spain by estating doria , grimaldi , and the spinellos , chief families of that city , with great patrimonies in naples , retaining their gallies in his perpetual service and salary , the inhabitants of all sorts in beneficial trade , and ( no less in policy to ingage that city , than to supply his own wants ) continually owing the wealthiest citizens such vast summs of money , as the interest of late exceeded b twenty five millions ; he hath tyed it more sure to the spanish party , than if it were commanded by a cittadel ; so that it must ever now follow the faction and fortune of that crown . navarre and britain ( while states of themselves ) were so long firm to our confederacy , as they were tyed with the bond of their own calamity , occasioned by that power , which incorporating lately the one by descent , the other by contract , is by that union and return of all the appennagii , more potent than ever it hath been under the house of capet . burgundy was so long our friend , as either they were enriched by staple of our commodities , or had protection of our swords against france , who not only claimed soveraignty over most , but a proprietary interest in part ; and therefore had reason to give aid and arms to such a confederate as did by a diversive war secure , and by particular immunities inrich that state. but now growing into spain , they need no such assurance in the one ; and we almost undone by their draping of our wooll , ( which is happily called home , ) not able to return them the benefit of the other , cannot presume upon any such assurance of their aid as heretofore . spain may seem to give us the best hope of a fast confederate for two respects . first , for that he is absolute , and that we be equally devoid of demand , neither having against the other any titles . next , for that the entercourse of trade is more reciprocal between us than france , and our amity founded upon long love and old blood . to this may be made a two-fold answer , from the change of their dispositions : first , for that they never assist any now , but to make themselves master of their state. thus ended they the strife between the competitors of portugal . and when they were called into naples by the queen against the french , they combined with her adversary , and divided the kingdom . and after upon the river of ga● rillon , under their leader gonsalves , taking an advantage , they defeated the whole army of the french , holding ever since that entire kingdom themselves . for spain will admit neither equality nor fellowship , since upon union of so many kingdoms , and famous discoveries , they begun to affect a fifth monarchy . the other ; that the late hostility between them and us hath drawn so much blood , as all forms of antient amity are quite washt away : and as paterculus a saith of carthage to rome , so may we of spain to england , adeo odium certaminibu● ortum ultra metam durat , ut ne in victis quidem deonitur , neque ante invisum esse desinet quam esse des●t : the hatred begot by former quarrels doth endure so lastingly , that the very conquered party cannot forget it : and in such a case the very places must cease to be , before the hatred and envy towards it can cease . besides these local considerations , there will two other dangers now fall out from any contract of mutual aid : the one from diversity ●f intention , and the other of religion . in the one , when either the confederate hath safely attained his own secret end , ( whatsoever he pretendeth in the entrance , ) he leaveth the other to work out his own designs . thus was henry the third served , called over by the earls of tholouse and march : they in the mean time having made their peace with france : a et expertus jam infidem , imo perfidiam pictavensium , turpiter recessit , & festinans non pepercit calcaribus , insomuch that having found the treachery and perfidiousness of the poictovins , he was forced dishonourably to retreat , and for haste to spurr away ; the peril the poor king was left in being so great . he was handled like to this by pope alexander the fourth , who having drawn him into the wars of apulia against manfred , in the end , depauperato regno angliae , & undique bonis suis spoliato , his kingdom of england being impoverished , and wholly despoiled of its goods , left him to his own shift . the king of navarr calling in the aide of edward the third a against france , and appointing the isle of gersey the rendezvous of their forces , revolteth to the french , after he had by countenance of that preparation wrought his peace . maximilian the emperour to induce henry the eighth not only contracteth to aide him in person to recover the crown of france , & pro tyrannico rege repellendo , and to remove the tyrannical king , ( they are the words of the league ; ) but conferreth upon him in the same coronam imperialem & imperium romanum , the imperial crown and the roman empire in reversion ; and estateth the duchy of millain after recovery upon his person , & suorum naturalium masculini sexus haeredum ; modo feodorum imperialium , and his heirs male lawfully begotten , to hold in fee of the empire : yet in the close left the king to his own fortune , his turn for millain and verona served . charles the fifth when by the incursion of the french he saw his portion in italy distressed , in safety whereof consisted the whole pulse of the spanish , ( as he used himself to say , ) for it supplied his army with great levies , and was fitly seated for a fifth monarchy ; he then ingaged henry the eighth in the wars of france , and bound himself ( as bourbon his confederate ) that he would assist him to the full conquest of that kingdom , and the other should become homager to henry the eighth as to his soveraign . but after that bourbon had advanced his army and distressed the french king , he in his answer to master pace the kings ambassadour refused that assurance of duty , and gave a just suspicion , that he by help of his party intended to usurp upon that state himself , which the emperour never meant to the king of england ; left by such footing in france , he might grow so great as to give law to his neighbours . and to fall off upon such grounds hath ever been excusable , howsoever the bonds of alliance were . thus did henry the eighth as often change his hand of help , as either princes of spain and france got ground of the other . and the spaniard now , to keep the states in italy disunited , compoundeth differences at his pleasure , or taketh part with the weaker , not suffering any , though his own dependant , to grow too strong : which was lately seen in patronizing the d. of mantua against savoy , according to the rule of quinctius in livy , non tantum interest aetolorum opes minui , it doth not stand us so much in hand to break the strength of the aet●lians , ( yet they were enemies , ) quantum , non supra modum philippum crescere , as it doth to see that philip grow not too potent , who was their friend . the difference in religion may bring likewise a twofold danger . the one with our confederates , the other with the subjects of this crown . for whensoever we shall attempt upon a catholick prince , as france , where we have the fairest pretences , for with any other we are like to have no question ; then is all contract of mutual aide left to the election of our confederate , who may with all easiness procure from the see of rome a discharge of all contracts , although they were by oath . for if in leagues where either party have been catholicks , as that between edward . and john king of france , and that between john of gaunt and the king of castile ; they ever out of such suspect inserted this clause , that neither side should procure dispensationem , &c. either per ecclesiam romanam , vel per aliquam aliquam , a dispensation either by the church of rome , or any other way , to do contra formam tractatus , contrary to the form of agreement : how much more must their jealousie be to us ? and therefore in a consultation in henry the eighths time , a whether with best security we should confederate with france or spain , it was resolved that either of them may slip of their advantage by colour of our separation from the church of rome , if there be no better hold in their honesties than in their bonds . for it will be held not only worthy dispensation , but merit to break all leagues with the enemies of that church , by the doctrine of that see ; which teacheth all contracts with any catholick prince to be instanti dissolved , because we are by them ranked in the list of hereticks ; which holds proportion with the rule and direction that urban the sixth sent by a bull to wenceslaus king of bohemia , and charles the emperour , ( before the council of constance , ) declaring all confederations , leagues and conventions to be lege divina temerariae , illicitae , & ipso jure nullae , etiamsi forent fide data firmatae , aut confirmatione apostolica roboratae , to be by the law of god invalid , void , and in law null , although confirmed by the plighting of faith , nay though strengthned by confirmation apostolical , if the parties were separati ab unitate sanctae ecclesiae , separate from the unity of holy church , when the league was made ; or , si postea sint effecti , if they become so after . what assurance can there then be either with france , who is received , by his rebenediction , into the bosome of the church , and his son made adoptivus filius ecclesiae , an adopted son of the church ; or against him with spain , who being protector and champion of that see apostolick , submitteth himself ( as he hath ever done ) to the popes pleasure and design , and must not only forsake , but aide against us in any war we should there undertake ? besides it is considerable , howsoever all sides of our own will joyn in point of defence to a mutual aide ; whether they will so in a forraign invasion ; ( especially when the party assailed shall be of their own religion . ) for when the interdiction of the pope could draw against john king of england and a lewis the twelfth a side of their own subjects , ( as it did after in the same kingdom against henry the third , though all three conformable in points of religion to that see ; ) how much more will it work with the people devoted to their opinions in a state divided from their obedience ? for amongst us the catholick church hath many jesuits to raise faction , and divert people from duty ; the recusants many , and malecontents not few ; all which with war will discover themselves , but now by this happy calm unassured of assistance , lock up their riches in security , and their hearts in silence . and therefore by any enterprize , it is not with the rule of seneca safe , concutere felicem statum . for by provoking of some adversary in respect of papal protection , they pick advantage to ground a quarrel of religion : and then the sancta expeditio , the holy expedition against lewis , will be made bellum sacrum , a holy war against us . but admitting no less than in former times an easiness to attempt ; it is not a meditation unnecessary to think in general of the dangers and impossibilities to retain . for first we must more than transgress limites quos posuerunt patres , the bounds which our fathers owned ; and relinquish that defence of nature , wherewith she hath incircled , divided , and secured us from the whole world ; a ( te natura potens pelago divisit ab omni parte orbis , tutaut semper ab hoste fores . from all the earth nature hath parted thee with seas , and set thee safe from enemy . ) and commit our frontiers ( had we never so much upon the next continent ) to the protection of an army , which besides the continual charge , if we give ambitious and able commanders , ( as unable , for our interest we will not , ) how ready shall it be in such a leader , and so backt , if he please , to give law to his own countrey ? for trifles will be quarrels good enough for such as can make them good by power ; and whensoever means and ambition leads any to trouble the state , he will be sure to colour his pretext with honest titles . b alii , sicuti jura populi defenderent ; pars , quo senatus authoritas maxima foret , bonum publicum simulantes : some declaring to maintain the rights of the people , others to uphold the authority of the senate , all pretending to act for the publick good . hence was it that augustus c refused to add any more of the barbarous nations to the body of his empire , which with great facility he might have done ; d and to restrain that infinite and unsafe desire of enlarging , left in charge to his successors that especial point of advice , e coercendi intra terminos imperii , to keep the empire within due and fitting bounds . the like moderation from the same ground was in the late queen , who refused the soveraignty of the netherlands , f so often and earnestly offered to her , fore-seeing well , that as her state should grow more respective by addition of people , and augmentation of territory ; so factions and discontents ( a common accident in worldly affairs ) would arise from superfluity . the state that may best admit increase is that , unto which addition may be on every part indifferently . such was the advantage of rome , by being situate in the midst of europe : whereas we are thrust out of the world ; to which we have no other contiguity , than an unsure element of fluxible foundation , the sea , subject to tempest , contrariety of wind , and more commodious for a potent enemy to intercept , than our selves to secure . for how large soever any kingdom is , all great directions move from one place , commonly from one man , as the heart in the body . it is therefore necessary that the seat be so placed , tha●… as well intelligence as dispatch may safely pas●… with indifferency and assured speed : and tho●… forms are most quick and easie in motion , whose extreams are all equally distant from the centre ; for the more different from the circle , the more slow and hard . rome may sufficiently example this : for so long as the orbe of that empire so moved about her , all things kept on their course with order , and ease ; but after the seat was by a constantine removed to an extremity of the circle , it stood a while still , and in the end dissolved . for either through the mass of business , the limitedness of any mans sufficiency , or impossibility to consider all due circumstances but in re praesenti , there must fall out infinite defects in the directions . or if none , either by reason of distance they come too late , or if nor , by reason of remisness , he who is to execute will be bolder with his instructions than is fit for a minister to be . how dangerous ●s it then by addition of territories for our master , a alterum pene imperio nostro & suo ●tuaerenti orbem , whilst he is seeking to joyn another world , in a manner to his and our empire , to alter either the setled order of directions , or walls of our security ? besides , as in the frames of nature anima rationalis , the rational soul cannot informare , give life , sense , or discourse to the matter of an elephant or a fly ; ( or any other body disproportionable to a form so qualified : ) so is there as well a bound of amplitude and strictness wherein the soul of government is comprised ; b between which extreams there are many degrees of latitude , some approaching to the greatest ( that nature seldome or never produceth ) some to the least , and some to the mean ; ●eyond which proportions respectively though ●ome may have a will to affect , they never can ●ave a power to attain . and this we may see in the former accession of so much to us in france , which we could never either with profit or assurance retain , being gotten by conquest , and but tacked to by garrison , contrary to the nature of hereditary monarchies . for some kingdoms ( in which number this may be accounted ) are of the same condition that demosthenes c maketh the athenians : non ea vestra ingenia sunt , ut ipsi aliis vi oppressis imperia teneatis ; sed in eo magnae sunt vires vestrae , ut alium potiri principatu prohibeatis , aut potitum exturbetis ; it is not your way , violently to oppress other states and seize the government ; but in this is your strength manifest , that you can hinder another from possessing the government , or when he is possessed of it , throw him out again . since then by situation and power we are the fittest , either to combine or keep several the most potent and warlike nations of the west , it is the best for safety , and the most for honour , to remain as we were , arbiters of europe , and so by neutrality sway still the ballance of our mightiest neighbours : which by holding of our hands , and only looking on , we shall easily do , since spain and france hang so indifferently , that a little weight will cast the beam ; imploying ours , as claudius did his forces in a germany , ut subsidio victis , victoribus terrori essent , ne forte elati pacem turbarent , to assist the conquered party , and to over-awe the victor , lest he should be puffed up with pride , and disturb our peace . thus did henry the eighth with the french and spanish princes , using as his motto of honour and power this , cui adhaereo praeest , he rules whom i stick to . and the late queen studied rather how to guard her allies , than to inlarge her dominions , multiplying her leagues more by giving than receiving gratuities : winking at her own wrongs , rather than willing to revenge . and ( as the great mistris of the world once ) did what rather became her greatness , than what severity of armes required . hence were her seas for the most part freed from pirates , and her land here cleared of enemies . for according to micipsae's counsel to jugurth , non exercitus , neque thesauri praesidia regni sunt ; neither armies nor treasure are the safety of a kingdom : but such allies as neither armes constrain , nor moneys purchase , sed officio & fide pariuntur . and since by fortune of the times succeeding , this state hath grown more upon opinion than deed , and that we know mag is fama quam vi stare res nostras , that our affairs stand rather by fame than force ; it is most safe , neither to discover weakness , nor hazzard loss by any attempt . besides , standing as we do no wayes obnoxious by site to any of our neighbours , they will alwayes be ready to referr the judgement and order of their differences to us . as the a brabanters and henowayes did to the arbitrement of edward the third : and b charles the fifth and francis the french king the decision of their quarrel to henry the eighth . thus every part shall wooe us , all princes by their orators shall resort unto us , as to the common consistory of judgement in their debates , and thereby add more to our reputation than any power of our own . for as well in states as in persons , suitors are an infallible token of greatness ; which demosthenes c told the athenians they had lost , since none resorted to their curia or praetorium . by this way shall we gain the seat of honour , riches , and safety ; and in all other but endless expence , trouble and danger . robert cotton bruceus . finis . notes, typically marginal, from the original text notes for div a -e sr. tho. brown. notes for div a -e a pansae & hirtii consilium caesari . a velleius paterculus . a tacit . an. . b ju●…l . notes for div a -e a sil. ital. lib. . examples of the affection of our kings successively to peace . a benedictus monachus in vita h. . b ex matth. paris pag. . c rog. hoveden . d ex additam . prosperi aquitaniae episc . e rot. claus . anno secundo e. . m. . a ex rot. par. anno ed. . n. r. b ex rotul . ●arl . anno e. . c ex rot. franci● an . . m. . d ex ●o● . claus ▪ 〈…〉 e. . m. . part . . e iiv . lib. . f rot. claus . anno ed. . a dors . claus . an . ed. . m. . similiter r. . claus . m. . b rot. parl. anno e. . c rot. parl. anno e. . d rot. parl. anno e. . e liv. l. . dec. . a ex chart. origin . de renunciat . in thesaur . b claus . anno e. . c rot. parl. anno r. . n. . d ex contract . origin . inter owinum glendowr & regem franciae . a rot. parl. anno hen. . n. . b rot. parl. an . hen. . c rot. parl. anno h. . n. . d ex artic. in consilio contra d. somerset . e int. record . thes . westm . f ex bulla pap. h. . a ex tractat● origin . in l. b. . b ex procla . e. . de e●peditione contra scotos . c ex tract . cambrensi . . d ex proc● . anno . eliz. examples of invasion drawn from the attempts of others . ex rot. scotiae anno e. . m. . a rot. parl. b rot. fran● . in dorso . e. . m. . nobility in dislike of forraign expeditions have rebelled . a ex rot. pat . & claus . de annis , , hen. . b cominei censura de com . char . cap. . burthen of personal service grievous . c ex rot. parl. de annis rich. . . & hen. . . & hen. . burthen of charge grievous , ground of much trouble and oppression . a cicero epist . ad att. lib. . b ex radulpho gogeshal . de anno joannis . c ex matth. ●estm . d ex matth. paris hist . minori . e ex matth. paris hist . ma. p. . a ex joann● eversden . b ex hist . matth. paris pag. . c ex matth. westm . walt. gisborn . a rot. claus . anno ed. . b cassiodori var. c rot. alm. m. . d the. walsingham . rot. parl. anno e. . e rot. alm. e. . m. a ex rot. par. de an . , , , , , & r. . & claus● anno e. . b ex chron● s. albani . c rot. parl. anno h. . d in bundel inquisitionum , anno . & anno h. . a ex lib. abbat . de 〈◊〉 a●●●ey . b mat. paris hist . min. c ex adam ●erimouth in vita ed. . d mat. paris hist . min. e mat. paris hist . majori . military education cause of trouble in the state . heads of dangerous rebellions have been only such as by command in war have forgot to obey in peace . a mat. paris anno joan. b willielm . de rishanger in historia . c ex charta con●ess . baronibus an 〈◊〉 hen. . verba ducis somerset . contra ducem eborac . coram rege . many disorders in the state by return of the common souldier . a parl. anno hen. . b frois●r●… exhausting of the people no necessity but danger . a beda hist . eccl. lib. . b ex rot. franciae an . ed. . ( c ) ex rot. original . in arch. thesaur . a ex rot. par. an . r. . lucan . better to disburthen the state by colony than war. profit of war. expence of money , munition and men . a summary of all the exactions upon this state from the conquest to the end of the late queen . a ex matth. paris pag. . & . william rufus . a ex antiq . legibus angliae . b sillius italicus . c ex hist . gualt . gisborn . d ex hist . mat. paris . e ex hist . mat. w●stm . f ex hist . hen. hunting . stephen . a ex hist . mon. gisborn . henry . a ex gervas . dorobernen . an . . b ex lib. ●ub . in sccrio . c ex gervas . doroborne●s . d rub. lib. in sccrio . e ex hist . rossens . f ex hist . matth. paris . richard . a rub. liber in sccrio . b ex hist . min. matth. paris . rub. lib. c ex hist . walt. coventr . d ex rog. hoved. & walt. covent . e tacit. annal . . f ex joan. eversden . g rub. lib. in scerio . h ex walt. covent . i ex matth. paris . k ex charta origin . a ex hist . mat. paris p. . b ex hist . rog. hoveden . c rad. cogshall & rub. lib. in scorio . king john. d ex rog. hoveden . e ex matth. paris . f lib. rub. in sccrio . g ex matth. paris . h ex lib. rub. sccrii . i ex rad. cogshall . k ex matth. paris . l walt. coventr . & rad. cogshall . m ex mat. paris . a ex rad. cogshall . b rub. lib. in sccrio . c ex rad. cogshall & rub. lib. in sccrio . d mat. paris hist . min. e rub. lib. in sccrio . f ex rub. lib. in sccrio & joan. eversden . henry . g mat. paris , & ex rot. claus . & finium an . , , , & hen. . & ex lib. chart. cantuar. episc . h rot. pat. anno h. . i ex. tho. walsingham , & mat. paris . claus . anno h. . k ex mat. westmonast . l ex statuto an . . c. . dors . claus . anno h. . & eversden . m ex lib. cantuar. episc . n ex eversden & paris . o ex matth. paris & eversden & dors . claus . anno h. . a ex walt. gisborn . b rad. cistrensis , ex eversden , paris & lib. chart. cant. archiep. anno h. . c ex joan. eversden , pat. an . e. . m. . d rot. claus . an . hen. . e ex h. mat. paris . p. . f ex rot. lib. an . h. . g ex hist . mat. paris . h dors . claus . a●no h. . . & claus . h. . m. . a claus . an . h. . n. . b claus . an . h. . m. . c claus . an . h. . m. . d claus . in dorso , an . hen. . e rot. finium h. . m. . edward . a rot. pat. anno e. . m. . sced . b rot. vascon . anno e. m. . c ex rot. vasco . an . e. . m. . a ex rot. vas . an . e. . b rot. pat. anno e. . c ex hist . joan. eversden . edward . d claus . an . e. . m. . e claus . e. . claus . anno e. . a ex memor . sccrii . an . e. . ex parte rem . thes●ur . b rot. vascon . anno e. . m. . in sced . c rot. scot. anno . m. . d rot. scot. anno . m. . e rot. pat. anno e. . f dors . claus . anno e. . m. . g claus . an . . m. . a ex rot. vascon . m. . b claus . an . e. . c rot. scot. anno , , . m. . & an . . m. . & an . . & rot. pat. anno . m. . d rot. pat. an . . m. . e rot. scot. anno . m. . f rot. scot. dorso , anno . m. . g dors . claus . anno . m. . h rot. scot. anno , , . m. . i rot. scot. anno e. . dors . claus . anno . k claus . an . e. . l ex dors . claus . e. . m. . m claus . an . . m. . a ex paterculo de aug. b claus . an . . m. . & cla . an . . m. . c rot. scotiae anno e. . m. . dorso . d rot. scotiae an . . m. . e rot. pat. an . . m. . ( g ) claus . an . . m. . f rot. scotiae anno . m. . h rot. pat. an . . m. . i rot. pat. anno . m. . dors . cla. . m. . claus . anno . m. . rot. pat. anno . m. . k rot. scotiae anno . m. . l dors . claus . anno . m. . rot. scotiae anno . m. . claus . anno . m. . claus . an . . m. . rot. scotiae an . . m. . rot. pat. anno . m. . a rot. claus . anno e. . ●n . . rot. finium , anno . m. . b rot. claus . anno . rot. pat. anno . m. . c rot. claus . anno . m. . d rot. scotiae anno e. . m. . e claus . an . . m. . f pat. an . e. . m. . edward . a ex rot. alman . an . . m. . b claus . an . e. . m. . in dorso . a claus . an . e. . rot. sco. anno e. . b claus . an . e. . c claus . an . . d rot. scotiae anno . m. . & rot. alman . an . . m. . e rot. scotiae anno e. . m. . f rot. scotiae anno e. . g rot. alman . an . e. . m. . a rot. scotiae anno . m. . b rot. scotiae anno . m. . c rot. scotiae anno . d parla . an . e. . parla . anno e. . e rot. franc. anno . f claus . an . e. . m. . g parl. an . e. . n. . richard . a parl. an . , & . rot. . n. . a rot. pat. anno r. . m. . a tacit. lib. . b rot. parl. annis , , & r. . c rot. parl. anno h. . n. . henry . a hist . tho. walsingham . henry . henry . nota first monopolie . * rot. parl. an . h. . a rot. parl. an . hen. . n. . b ex p●terculo . c rot. parl. an . , & e. . edward . d placita coronae . e chron. fabiani . f rot. parl. anno e. . n. . g rot. parl. edward . richard . henry . a fabiar . a ex litera missa abbatiss . barking manu regis h. . b ex litera ducis norfolciae . c ex lib. acquit . in t . regem & dudly r. c. henry . a ex originali signat . man● regis . b ex originali instructione . c ex instruct . originali an . h. . d rot. parl. an . h. . edward . q. mary . q. elizabeth . princes extremities beyond the ease of their people by reason of wars . credit of kings so much impaired , that they could not borrow , but upon surety and extream interest . a matth. paris . b rot. pat. anno e. . m. . nota. a ex instruct . thomae gresham , anno . b ex instruct . willielm . herle . august . an . eliz. similiter . c thomae gresham . & . a ex litera edw. lee orat . regis h. . in hisp. anno . kings enforced to abate their hospitality . b ex rot. par. h. . c ex hist . majori matth. paris . kings enforced to pawn and sell their dominions . a rot. pat. anno h. . m. . b ex contract . orig . & hist . norman . c rot. vasc . e. . rot. ●n●um an . . rot. cui titulus , extract . de donationib . a. . & e. . kings enforced to make resumption of their lands . d rot. parl. anno r. . e rot. parl. anno hen. . n. . f rot. parl. anno h. . & e. . g ex legibus theodos . & valentinian . in codice . kings enforced to pawn and sell their jewels . a rot. pat. anno h. . m. . similiter an . h. . in . m. b rot. pat. claus . an . e. . m. . c claus . an . e. . d tho. walsingham . e ex origin . de anno r. . rot. . f pat. an . h. . m. . g pat. an . hen. . pat. anno h. . m. . h pat. an . h. . m. . kings enforced to pawn their regal crown . i pat. pars . an . e. . k pat. an . . m. . l claus . an . e. . com. de ter. hill. e. . ex parte rem . regis . a pat. an . h. . m. . & similiter an . . rot. pat. an . h. . m. . & . b ex historia guicciardini . ( a ) ex hist . s. albani . in place of spoil the souldiers return oppressed with extream beggery . a lucan . de bello civili lib. . b mat. paris pag. . c hist . mat. paris p. . a mat. paris pag. . b ex lit . cardin. wolsri ad card. so drin . a ex instruct . rich. wingfield . b ex lit . tho. wolsey episc . lincoln . c ex computo in archivis rob. com. salisb. d ex tractat . an . . a ex computo deliberat . domino thesaur . burleigh . b ex computo joannis hawkins thesaur . naviae . * hor. epo . . forraign dominions alwaies charge , no benefit . example in normandy . c mat. par. a ex legibus antiquis . b ex walt. gisborn . c ex lib. rubro . d ex lib. pipnell . e rad. cogshall . f mat. paris g ex archiv . de redit . norman . tempore h. . h ex origin . instr . domini scrope . i ex libro domini carew de anno , & h. . k ex rot. par. de an . h. . l ex lib. originali roberti cotton . a rot. parl. 〈◊〉 h. . n. . aquitain , gascoign , guien . b rot. liber . anno h. . c rot. an . h. . d mat. paris pag. . e ex comput . willi●lmde o●…erhampton , anno e. . a pat. an . 〈◊〉 e. . b ex comput . richardi longley an . e. . in thesaur . regis westmon . — in rot. aquitaniae . c rot. parl. anno r. . m. . d rot. parl. anno r. . e ex comput . walt. de weston . f ex comput . tho. swinburn anno h. . g ex comput . joannis tiptoft an . h. . h ex comput . will. clifford & robert. holme an . h. . i ex rot. par. an . h. . brittany . k ex mat. paris . brest . a rot. parl. anno r. . ex comput . tho. parry cust . castri de brest , a. r. . callis . b ex comput . williel . horwell in thesaur . regis . c ex comput . richardi eccleshall de an . , , & e. . d ex. rot. par. anno r. . e ex comput . rob. thorley . f ex comput . simonis de burg. g ex comp. rog. de wald. an . r. . & . h ex comp. joannis bernam , an . r. . i ex comput . ro. thorley . k ex comp. ni●h . ●ske . a ex comp. rob. thorley . b ex comp. rob. salvi● , de an . h. . c rot. parl. an h. . d rot. parl. anno . e rot. parl. anno . f rot. parl. anno . g rot. parl. e. . h ex comp. majoris stapulae anno r. . i ex comp. origin . inter chartas roberti cotton . k ex comp. domini lisle . l ex lib. de expens . bellor . h. . & e. . in musaeo com. salisbur . a ex litera archiep. cant. card. wolsey . b ex litera thomae smith secret. anno . maii. a ex comp. joannis tiptoft . b ex comp. hen. percy , anno h. . c parl. an . h. . d ex musaeo com. salisbury . e ex comp . williel . de brumleigh . f ex comp . nicol. episc . meth , an . ed. . g ex comp. tho. scurlay . an . e. . h ex comp. joan. spencer , de annis r. . i ex rot. par. an . h. . a ex annot . dom. burleigh ex musaeo com. salisbury . b ex comp. rad. lane. c ex comp. in musaeo com. salisbury thesour . angliae . addition of any forraign title no honour . d baldus . stile of normandy and aquitain , accounted by our kings a vassalage . 〈◊〉 of france restrained by petition in parliament . france possessed would leave us to the misery of a province . a tacit. in vita agricolae . to enterprise any war , not so easie . means of success formerly . advantage of place and party . advantage of place . a liv. lib. . a matth. paris in vita h. . b matth. par. vita h●n . c froisard . d walsingham . t. livius foroliviensis in vita h. . confederates were the only ground of all the good success . a list of all the confederates from hen. the firsts reign to the end of the last queen . henry . a ex contract . orig . in arch. thes . west . b ex radulph . de diceto . c ex orig . signat . à comite & castellanis , in thes . west . richard . d ex radulph . de diceto . e matth. paris . a indorso cla. an . joannis . king john. b ex orig . in thes . westm . henry . c dors . pat . h. . m. . d rot. lib. an . h. . m. . ex originali . e claus . an . edw. . edward . f ex origin . in thesaur . g rot. vascon . an . . m. . h rot. alman . de an . . & . m. . i ex origin . sub sigillo in thes . westm . k rot. alman . an . . m. . l dors . rot. alman . . a rot. p●● . an . . m. ● . b rot. vas●… an . . & . edward . c dors . claus . an . . m. . d froisard . edward . e rot. lib●… . m. . f rot. alman . anno . g rot. a●●wer . anno . h froisard . a ex rot. antwerp . an . . b rot. parl. anno . n. . c claus . an . . m. . d dors . claus . an . . m. . e dors . claus . an . . m. . f froisard . g rot. pat. an . . n. . h ex originali de an . . in lib. rob. cot. i ex arig . in t●●●● . ●●st . de an . . & . a ex origsub sigillo . b ex contract . origin . in archiv . thes . westm . c claus . an . r. . richard . d rot. franc. anno . e ex orig . in thes . f rot. parl. anno . n. . g ex contract . in lib. it alico rob. cotton . h rot. franc. an . . m. . i rot. franc. an . . m. . & an . . & . k rot. franc. an . . m. . & an . . & . l rot. franc. an . . m. . m rot. claus . an . . h. . & rot. fran. an . & . h. . m. . henry . n rot. franc. an . h. . m. . henry . o tho. walsingham . a ex rot. parl. an . . b ex orig. in thes . westm . c ex chron. rogeri wall. in vita h. . an . . & . d ex instruct . orig . aug. h. . henry . ( e ) ex contract . origin . f ex tractat. alrabatensi . g ex tract . brugens . . h ex tract . callisiae . ex tractat. bruxellensi . a parl. an . e. . n. . b rot. franc. an . . m. . & ex contract . originali . c rot. franc. an . e. . m. d rot. franc. an . . m. . & ex orig . in thes . westm . e rot. fran. an . . m. . & . f ex contr. de an . . pro solutione scutorum ad . annos . henry . g rot. fran. an . , & h. . & contr. orig . an . h. . henry . h ex magno intercusu de an . . i ex tract . origin . de dat . . k ex litera max. imp. car. ebor. dat . . l rot. fran. anno h. . m ex tract . bruxellens . . n ex orig . subscript . card . sedunensi de dat . . a ex tract . callis . an . b ex tract . orig . subscript . manu card. ebor. & marg. regent . . august . . c ex tract . winsor . . d ex tract . cambrens . . e ex tract . ultrajectens● . f ex tract . de anno . ex originali dat . ultimo janu. . g ex instruct . rich. morison . edward . h ex litera ducis somers . magist . pag. . i ex contr . matrimoniali . a ex tract . matr. . queen mary . b ex artic . subscript . à vidame de chartres elizabeth . c ex foeder . trecens● . . d ex tract . plesens● . e ex tract . 〈◊〉 . . f ex tract . cum ordin . ●…giae de an . . & confederates of most benefit to england . princes whose confederation are of least benefit . bonds of confederation cannot be the same they were before . as with the state of genoa . a liv. dec. . l. . b in relatione de statu 〈◊〉 , an . . navarre . britain . burgundy . spain . a paterculus . dangers in consederacy by diversity of ends. examples , that ends served , confederates quit all bonds of combination . a matth. paris . a rot. paul , anno e. . n. . suspecting that an allie may grow too great , dissolveth alliance . liv. lib. . danger by difference in religion , in respect of the confederates , who may break by dispensation , though both catholicks . a ex original . in manu domini cromwell . danger by difference in religion , in respect of the confederates , who ought to break out of the roman doctrine , one accounted heretick . doctrine of the see of rome touching leagues with hereticks . a ex bulla origin . sub sigillo urbani . an . pont . . danger by difference in religion , in respect of the subjects subjects obedient to the popes censure a dangerous party . a ex eul●gio hist . a festus amaenus . danger of large frontiers . b salust . in bello catil . c sueton●us in vita augusti . d dion cassius . e tacitus . f ex propos● . statuum de anno . what state may best ad●●●t addition . a 〈◊〉 in vita 〈◊〉 . a velleius paterc . de expeditione caesaris . b bodin . de repub. lib. . c e● cra● . demonsth . ad athenienses . safety in neutrality . a tacitus & dion cassius . honour attained by neutrality , in being the arbiter of all differences between the mightiest neighbours . a froisard . b ex regist . & libris tractatuum . c ex demost . philip. die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part be leavied upon none, but such delinquents as are within the ordinances of sequestrations. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part be leavied upon none, but such delinquents as are within the ordinances of sequestrations. england and wales. parliament. sheet ([ ] p.) by john wright, at the kings head in the old-bayley, imprinted at london : . title from caption and text. order to print signed: joh. brown, cler. parliamentorum. reproduction of the original in the british library. eng taxation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part b england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae iunii . . resolved upon the question , by the lords and commons in parliament assembled , that the fifth and twentieth part be leavied upon none , but such delinquents as are within the ordinances of sequestrations . ordered by the lords assembled in parliament , that this order be forthwith printed and published . joh. brown , cler. parliamentorum . imprinted at london for john wright , at the kings head in the old-bayley . . a declaration of the lords and commons assembled in parliament die mercurii . may, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament die mercurii . may, . england and wales. parliament. sheet ([ ] p.) printed for iohn wright in the old-baily, london : . dated and signed at end: die martis . may; . ordered by the lords and commons assembled in parliament, that this declaration shall be forthwith printed and published. john browne cler. parliamentorum. a declaration of parliament concerning the execution of an ordinance for taxing certain parishes in london. steele notation: raysing wealth any. reproduction of the original in the british library. eng taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. die mercurii . may, . england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . die mercurii . may , . whereas by the ordinance of parliament for the speedy raysing and levying of money , for the maintenance of the army , raised by the parliament , and other great affaires of the common-wealth , by a weekly assessement . it is ordained among other things , that the weekly sum of three hundred pounds , shall be charged , rated , taxed and levied upon the borough of southwark , the parishes of redrith , newington-butts , and lambeth , as by the said ordinance may appeare ; which sum of three hundred pounds , since reduced to two hundred pounds . and because in common accompt the liberty of the clink , and the bankside lying in the parish of s. saviours , & the parish of s. mary magdalens bermondsey , in the county of surry , are reputed to be within the said borrough and lie within the limits of the places in the said former ordinances specified , the same were not in the said former ordinance particularly named , and expresly set down , whereby some doubt hath bin made , whether the said liberties of the clink , the bankeside , and the said parish of s. mary magdalens are within the intent of the said former ordinance , which occasions the retarding of the assessing and collecting of the said weekly assessements , to the prejudice of the publique affaires of the common-wealth ; the lords and commons doe ordaine and declare , and be it ordained and declared by the lords and commons in this present parliament assembled , that the said liberty of the clink , and the bankeside aforesaid , and the said parish of s. mary magdalens bermondsey and every of them , at the severall times of the making of the said recited ordinances were , now are , and shall bee reckoned and held to be within the intent and true meaning of the said ordinance ; and that the said two hundred pounds weekly assessement , shall be charged , rated , taxed and levied upon the said borough of southwark , the parishes of redrith , newington-butts and lambeth , and upon the said liberties of the clink and the bankeside , and parish of s. mary magdalens bermondsey , and that none of the said places or parishes shall be exempt from the same charge , but shall every of them be contributary thereunto as amply and fully to all intents , constructions , and purposes , as if the same and every of them had bin expressed and set down by name , in the said former ordinance ; any matter , thing , or cause whatsoever to the contrary thereof in any wise notwithstanding . die martis . may ; . ordered by the lords and commons assembled in parliament , that this declaration shall be forthwith printed and published . john browne cler. parliamentorum . london , printed for iohn wright in the old-baily , . an essay upon taxes, calculated for the present juncture of affairs in england selections. temple, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay upon taxes, calculated for the present juncture of affairs in england selections. temple, william, sir, - . [ ], p. printed for tim. goodwin ..., london : . attributed to william temple. cf. bm. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion advertisement . lex parliamentaria : or , a treatise of the law and customs of the parliaments of england ; by g. p. esq . with an appendix of a case in parliament between sir francis goodwin , and sir john fortescue , for the knight's place for the county of bucks . from an original french manuscript ; translated into english. printed for tim. goodwin . an essay upon taxes , calculated for the present juncture of affairs in england . london : printed for tim. goodwin at the maiden-head , over-against st. dunstan's church in fleetstreet . . an essay upon taxes , &c. since it is of the last consequence to every true english-man , that the present war should be carried on for the preservation of our liberties and religion , against the common enemy of both ; and notwithstanding the false and foolish insinuations of some discontented jacobites , that a peace with france were more necessary than a war ; and that it is more carried on for the sake of others , than our selves ; and that if it were necessary , it might be better carried on by our selves alone , than in conjunction with confederates ; and that the only way to secure our religion and liberty , obtain a safe and secure peace , and avoid the great burthens we are subject to for the carrying on the war , were to cast off the present government , and take measures with king james , and the king of france ; yet there is nothing more clear than that these notions are altogether absurd and impracticable ; and that the true meaning of it is , only to give up all that is dear to us , into the hands of two princes , who have always preferr'd the design of subverting our religion and liberties , to all other considerations whatsoever ; and that it is much better to fight for flanders than for england , and in conjunction with confederates , than alone , is what will bear no dispute . all that admits of a doubt is , what are the best means and methods to carry on this war. as to the first , relating only to the raising of aids sufficient for this undertaking , i thought i could not do a more acceptable service to my country , than at this time to contribute my poor endeavours . as to the latter , relating to the military designs , and manner of executing them , i must acknowledge my self wholly incompetent both by my education and experience ; and shall chuse therefore to recommend that matter , with my good wishes , to those whose province it is , and especially to my soveraign ; who i judge must needs be better informed in this matter than any other prince or person whatsoever . the method i shall pursue to set this matter in a clear light , shall be to lay down some general rules or maxims by which our ancestors have steer'd in the laying of impositions , which had great regard to the constitution of the government , and condition of the people , and therefore are not easily to be departed from . in the next place , i shall endavour to examine the several taxes that are now in use , and such foreign taxes and projects as are most in vogue , and by some thought to be more eligible to be introduc'd , especially that of a home-excise , and shew how far they are consistent or inconsistent with the government , ease , and liberty of the people ; and in the last place upon the whole , offer my opinion , what are the best methods and expedients to raise money by . as to the matter of those aids , our ancestors have observed these rules . first , they must not consist of things of common necessity or livelihood , but rather superfluity . secondly , they must not burthen our native commodities and manufactures , materials , or other things relating thereunto . thirdly , they have always avoided to impose upon things wherein the people had no benefit or advantage , but rather upon land , trade , and other gainful professions . fourthly , they have always avoided new and foreign taxes ; and when propos'd , have declared they could not grant them without advising with those that sent them ; and several rebellions have happened on this occasion . fifthly , they have had always great regard to the condition of the several ranks of men among us , to support them in the condition they are in , and consequently to preserve the monarchy . sixthly , to charge money and personal estate not employed in trade , double to land and trade . seventhly , above all , that equality should be observed in the imposition . as to the persons , these rules were observed : first , the dignified clergy usually gave double to the laity , considering that they were freed from all personal services , and most other taxes ; that their revenues were all upon old rents not subject to defalcations , repairs , or loss by tenants , or for want of them , or other diminution ; and had great advantages in point of fines by renewal . and as for the other clergy , their tythes , and other profits , came into their hands with little charge , and that as well the dignified , as others , were provided for by laws , not to come in by purchase but free-gift , and are now exempted from all foreign payments to rome , and its dependance , to which all foreign popish clergy are subject . secondly , as to the greater and lesser nobility , they were always treated favourably , being the chief basis and support of the monarchy , and were allowed for their port and necessary support of their dignities , and did rarely exceed in the payment of their subsidy , the sum of l. for l. which they called a spareable part. thirdly , as to the rich usurer or tradesman , whose family and expence was small , and gains great , and escaped most burthens , as not being so visible as lands ; and the considerable free-holder , whose estate is generally held in his own hands , and managed by himself , and consequently was less discovered than the nobleman and gentleman's that were rented , and made both the profit of landlord and tenant ; which , according to the old maxim , is double the rent in greensod , and treble in arable ; the charge of the latter amounting to a third more than greensod : so that in truth , they have all their livelihood allowed , and more in the value ; and none of all these being obliged by their quality or custom to any port , and are the proper basis of a democracy , or common-wealth ; these were generally rated more strictly without any allowance , to prevent the increase of their number and growth . fourthly , the common artificer and labourer having a dependance upon the nobility and gentry , and not being able to subsist without them , and consequently a farther support to the monarchy , were usually exempted , unless by reason of money or personal estate they fell within the limits of the subsidy ; from hence grew that ancient saying , that in taxes , size-cinq , was to be easie , quatretrois , to be fully charged , and deaux ace , to be exempted . nevertheless , in the poll-acts , which came but rarely , these inferior sort were sometimes brought in to bear their part . thirdly , as to the quantum , manner of collection , and equality of imposition , these rules were observed : first , that it did not exceed by any means the common necessity ; and that the prince as well as the parliament , should shew a great tenderness of the people in their demands and levies upon them ; of which we have a notable instance in q. elizabeth , who released half the subsidies granted her , when her occasions did not require it ; which had a mighty influence upon future grants . and 't is observeable , that all those princes who have not stretched prerogative to levy taxes not warrantable by law , or to levy them with too much rigor and exactness , or to impoverish the people , and have express'd a care and regard to their ease , wealth , and welfare , have ever been the most fortunate , great , and prosperous ; contrary to the maxims of the present age. as to the manner of collection , they have taken great care that there should be as much ease , and as little charge to the king or people in the collection as may be , by the multiplication of officers , penalties , or subjecting their houses , or estates , to the inquiries , or informations of officers , &c. as to the equality of imposition ; this has been strictly observed , being always the same rate in the pound . nevertheless , with such qualifications , and exceptions , as made it rather a moral equality , than a mathematical one , having respect to the condition of the persons , as i have before shewed . limiting the sums both for real and personal estates , below which they should not be charged , viz. allowing defalcations for debts to be assertain'd by the oaths of the parties charg'd , and for the decay of cities and towns in tenths and fifteenths . lastly , in all cases the king appointed the commissioners generally of persons unconcern'd in the places where they acted , and at his own charge , that it might be done with the more indifference and equality , to whom , in truth , by the constitution , the appointing of all officers for the execution of the laws does belong ; and once at least in every age , as i could easily shew , the parliament had granted that the commissioners and assessors should be sworn , and have liberty to examine all persons , not exempting the parties themselves , upon oath . for the better discovery of their real and personal estates , that length of time might not produce too great an inequality ; and that the aids might be improved in some proportion to the value of things , of labour , and of service , and the improvement of the wealth of the people . as to the second point concerning the taxes now in being , or in vogue : and first , as to the land-tax , or monthly assessment , being nothing but a military contribution taken up in the civil war , and proportion to the condition of the kingdom , as it then stood forty years ago ; the inequality is so exorbitant , both between county and county , division and division , parish and parish , and impossible to be rectified without a punctual survey of the whole , and lying wholly upon the landlord , where estates are not upon lives or fines ; wherein the dignified clergy pay not one groat , nor money , nor personal estate come in to the aid ; and which lies so heavy upon the nobility and gentry above all others , to the weakning and diminishing their estates , who are the chief support of the monarchy : i take it to be the most impolitick and unreasonable method of raising great sums by , that ever was introduced in any nation , and impossible to be long born and continued . secondly , as to the double excise ; though this has some influence upon our barley and malt , and lies hardest upon our inn-keepers and ale-house keepers , by the discouragement of the vent ; yet were the armies well paid , which is their greater hardship , i see no great inconveniency in the continuance of it , during this occasion of the war , especially since it introduces no new charge in the collection , nor subjects any new persons to penalties or officers . thirdly , as to the new impositions upon the customs , during this war at least , they may be born , though that of sugars , which began before the war , may require some relief , at least when the war is ended . fourthly , the poll-tax , as it now stands , is grievous to the meaner sort , as to their children , and deserves to be better considered ; and tho much exclaimed against , yet is an ancient way of taxing upon extraordinary occasions ; and in all other things far more equal than the former were , which tax'd titles and professions alike : and tho it be objected , that all noblemen and gentlemen pay alike , notwithstanding the difference of estates ; yet considering that the lands are all under a double tax , and that they multiply that tax according to the horses that they find in the militia , i think they are sufficiently charg'd , and much more equal than in former methods : and that this tax is not wholly to be laid aside , but may be easily rectified and made useful . as to new projects that have been much discours'd of , i shall reduce them to two heads . first , things of large credit , upon some perpetual funds . and secondly , the home-excises . as to the first , there are two difficulties to be overcome , to make these practicable ; first , to find out such a fund ; which if upon the present revenue , will be a lessening of it ; if upon any fund being perpetual , may meet with some difficulties in the grant ; and in the next place , the novelty of the thing , the loss of a principal for a perpetual interest , or the long distance of time if it be repaid ; upon which calculation all these projects are founded ; the breach of the exchequer-credit by king charles , and ever since , and the frequent breaking of the bankers , will make men very shy of parting with their money upon new projects at a distance . nevertheless if it were tried for a small sum at the beginning , it having been experienced to be so useful , beneficial , and practicable by our neighbours the dutch , and is in it self very reasonable , it might gain some place and credit here , and would supply the want of money in specie ; which , for want of bringing our coin down to the value of silver and gold , the obstruction and balance of trade , and the occasions for money abroad to our armies and confederates , is so much lessen'd , that it does very much require some expedient ; especially when publick taxes are so great . in the next place , i shall proceed to consider of that of raising moneys by excise upon our home-commodities . first , a general excise upon home commodities is a real land-tax , and will have the same influence upon the value of lands and rents , as that we call a land tax , or monthly-assessment , hath ; and will raise at least seven , if not ten times as much , and consequently be as bad as a land-tax so many times double . which i thus prove : the difference must be either in the matter , or the manner . as to the matter first ; a general excise upon home commodities , and a land tax , or monthly contribution , differ not essentially , since both are a duty upon the same commodities , which are the product of land ; only in this their main difference consists , that a monthly contribution is a composition in gross per mensem , for all the commodities the land produceth ; and a general excise is by retail upon every particular and parcel thereof . as to the manner , their main difference consists in three things : first , as to the persons that pay it . dly , as to the time of payment . dly , as to the equality of the imposition . all which shall be considered in this second head. secondly , that it will have the same influence as a monthly contribution so many times double , and not prove an insensible tax , as is commonly alledg'd , will easily appear by considering two things : first , whether it will chiefly lye upon the buyer or the seller , and consequently cause a rise or fall upon commodities . secondly , whether it be likely in point of time and equality , to afford any considerable advantage to the seller . as to the first , it must be measured by the necessity of the buyer or seller ; for it is an undoubted truth , that if the necessity of the buyer be greater than the seller , the market will rise ; but if that of the seller be greater than the buyer , the price of commodities must fall ; and any duty laid upon commodities will lye upon either accordingly . but as to the present case in england , i think there is nothing more apparent , than the plenty of home-commodities , and the want of people to cousume them , which is in truth the principal cause of the present fall of rents , and the price of commodities ; the consequence of which necessarily will be , that whatever duty is impos'd upon the commodity , the buyer will have it so much the cheaper , since it is in his choice of whom to buy , and indeed who shall sell , and who not . as to time and equality , it must be allowed that the excise hath some advantage of the land tax , since the time of payment is not until sale , and all men seem to pay alike for the same thing ; yet when it shall be considered , that most of the trade of this kind is upon credit , and not for ready-money , and that when ready-money is paid , a great abatement of the price is expected ; and that the commodity doth vastly differ in price and goodness , and yet shall pay all alike , as beef , mutton , and corn , &c. and above all , that the commodity will be burthen'd above seven fold by this payment in parcels ; it will be found these advantages will be much over-ballanced ; to which i may add the vast charge , trouble and slavery in the collection , which draw forth from the subject twice as much as will come to the king's coffers , and beget an army of officers , and a further army of souldiers to second them ; a consideration of importance , more than all the rest , and renders it of all practices the worst . secondly , a general home-excise will destroy trade , which will appear thus : whether the fund of trade in england be money , or home-commodities ; now there is nothing more evident , than that the main trade of england is in the return of our home-commodities , and not that of money , which is the main that the dutch trade is driven withall , they having few commodities of their own countries to export , nor indeed enough to support the th part of their own people , which renders this kind of tax most proper there , though very destructive here , all impositions still discouraging the vent of the commodities on which they are impos'd , as the experience of all former times and places doth abundantly prove ; besides the great consumption of all foreign commodities here , is by such as have dependance on the product of their countrey , and not upon trade , as they all do in holland ; the vent of which , if discourag'd or lessen'd , abates the foreign trade likewise , and the commodities impos'd upon there , are most foreign , but here native ; and estates there personal , but here real . thirdly , this will overthrow the substance of all the nobility and gentry of england by the fall of the value of their lands and rents ; for if the present land-tax hath produced an effect to such a degree already , and that by experience we find the land tax draws more money out of the countrey than what it can bear , disabling the tenant to pay his rent , or carry on the trade in the countrey , otherwise than upon credit ; what must the case be when , or times as much will be rais'd upon the same thing by this new way ? fourthly , a general excise puts an end to the use of parliaments , and quite changes the present constitution of the government ; for having already given duties in all foreign commodities , should they admit of this upon native , there were no more to be given , nor could it be carried on without a military power to second it , and might possibly hazard the government it self , if the people should not swallow it ; and if once got up , will never be laid down . fifthly , it can be of no use to a present supply , since it will ask a long time to settle it ; and neither afford much money , or credit , till it be so setled ; and that the experiment be try'd , whether it can , or will be born , which this town , under the oppression of a war and power of an army , would not yield to . if it be objected , that the dutch raise greater sums thereby , than we can any other way , and by that are enabled to make war more powerfully than we. this is a perfect mistake ; for their excise is not able to answer the ordinary charge of the government , and is in truth their ordinary revenue ; and their war is maintain'd by their , and penny-tax , by way of our subsidy upon personal estate . sixthly , that this will raise near thrice as much as will come to the king , will thus appear ; in the vent of all our home-commodities , especially in any considerable quantities , there is one at least that goes between the grower and first seller , and the consumer ; as the malster , and brewer , or alehouse-keeper , between the barley , and the drink ; the engrosser , meal-man or baker , between our wheat and our bread ; the butchers between our meat ; and the butcher and tallow-chandler , between our suet and candles ; the higler , carrier , or polterer , between our poltrey and wild-fowl ; iron , lead , wool , tin , leather and salt , between the first founder and maker , their retailers , and other trades that are employ'd in the manufactures that are made of them . now it cannot reasonably be suppos'd , that whoever is the first buyer of these things , or any other that goes between the buyer and the consumer , will pay the full price to the grower , and pay the duty of excise out of his own purse , which will require a greater stock ; and gather it in again of the consumer , without interest , or profit , much of which trade will be upon credit , some of it comes short home , especially since it is in his power to abate it in the price from the first grower . nevertheless , he will certainly raise it in the price to the consumer again ; and so the penny will be doubled , and probably raise the price more than the duty , upon supposition that he pays the duty , and may come to be a loser by it ; and this being disperst all the kingdom over , must needs create a vast number of officers and charge in the collection to the king ; to which i may add , the great penalties with which it must be supported , and attended ; and the keenness of the officers to exact them , and the great discouragement all this will bring upon the consumption , with the great disturbance and slavery that it will bring upon the people , to have their houses subjected to the searches of officers , and their persons and estates to entries of goods , and to penalties upon that account . now the case is not the same in holland as to any of the particulars before-mentioned , as will appear by these following : first , for that it is their interest to discourage the consumption , and to occasion parcimony , most of the commodities being foreign ; and to encourage the export of them , upon which their whole trade and livelihood depends , but ours the quite contrary . secendly , they can certainly raise the price upon the first buyer , because of the scarcity of the commodity ; and that besides that little which the countrey affords , 't is all in the hands of some few merchants or engrossers ; and the necessity of the buyer is far greater than that of the seller , through the multitude of inhabitants , and the smalness of the product for necessaries for life . thirdly , their collection is very easy and cheap ; for the merchant secures the excise upon his first entry at the custom-house ; and for the rest , they have no market but in wall'd and populous towns ; so that it is all collected there with few hands , and little trouble to the people . lastly , all the excises of holland , both upon foreign commodities and home , though multiplied and advanced to the last degree , together with the other revenues that belong to the crown of spain , and the church , have been computed but at two millions a year , monasteries and tythes included , and are anticipated by debts for several years ; and but sufficient to pay the interest ; and 't is the penny , and penny upon personal estates ; that is the thing that supports their wars upon extraordinary occasions ; and therefore probably , the excises here will not raise such sums as we imagine , especially upon some few things ; and yet the charge , slavery , and the inconveniencies before mentioned , will be equal ; and the hazard the government will run in rendring it odious and disgustful to the people , are so great ; and above all it can turn to no account but for a continuance of time ; and that it is a foundation for any government , or ambitious prince that would subvert the constitution , and enslave the people , to support an army , and carry on his designs if once introduced , by the continuance of it ; and therefore i think no english man will be willing to make the experiment . as to the last particular i undertook , which was to give my opinion what methods were the most eligible to raise money by ; having in some measure prevented it by passing my censure upon those that are now in practice and vogue ; i shall conclude all with proposing that of the ancient way of subsidy upon a true pound rate , according to the wisdom and constant practice of our ancestors , as the most equal , most reasonable , and most suitable to our constitution ; and therefore most eligible above all others : which i shall endeavour to prove by these arguments following , and by answering those objections that are usually made against it . but before i come to these particulars , i think it necessary to give some general account of the ancient form and method of subsidies , tenths and fifteenths ; the two latter having been totally disused , and the former but rarely , and not pursuant to the old method , since the beginning of the civil war ; a subsidy before the war did usually amount to , pound , the last subsidy-book being the rule by which the future were given ; wherein every man's land was valued at a certain rate beyond reprises ; and this was not altered but once in an age , when there was an act made on purpose to make a review by the oaths of the commissioners , assessors , and examination of the parties themselves , or any other person knowing therein ; and all the variation otherwise in the subsidies , was in the personal estate and money , and the allowance for debts , and a great number of children , to which they had regard upon application made by the parties , pursuant to the provision in those acts ; all persons under five pound in personal , and three pound in real , as formerly rated in the king's books above reprises , were excep●ed ; and all goods and stock in trade and houshold-stuff , except wearing apparel , were included : and a subsidy was four shillings in the pound upon real estate , and two shillings eight-pence upon personal , payable by two payments . and although two shillings eight-pence may seem to be less upon goods , than four shillings upon lands ; yet when it is considered , that lands are rated according to the annual profits ; and not their intrinsick value of purchase ; and that this is almost treble the profit of money at five per cent. and that all other goods have no profit or interest to attend them , personal estate is more than doubly charged , as i have before asserted . as to the tenths and fifteenths , they were a certain rate impos'd on cities , towns , and boroughs , in respect of their moveable goods , and did amount to about , pound ; but there was usually a clause , to reserve a sum for such cities and towns as were decayed . as to the arguments for the subsidy or pound-rate , having said so much already , i shall reduce them to very few heads . first , that it is equal in the imposition , no body can deny ; nor that none can pay more than he is rated , by any body 's being undervalued . secondly , that it is made more equal and reasonable , by the allowance of debts , empty houses , drown'd or unprofitable lands : but as for lands , let or unlet , since the profits may be made in hand , as well as otherwise , there was never any allowance ; the reasons not being the same with houses , which are a burthen , and yield no profit . thirdly , here the clergy , and all that have estates upon old rents , and personal estates in money , goods , &c. shall pay ; though the assessments brought in the full value , yet the commissioners did make an allowance for the port of the person , according to his quality . but i come now to those objections which are usually made against it ; viz. first , that it is impracticable , as late experience hath proved . and secondly , that it will not raise such sums as are requisite for the present juncture . to the first of these i answer , that the experience of all former ages is a sufficient evidence ; and the reasons of the late failure have been two visible ones : first , the countenance that the monthly assessment hath met with from the court ; and the discountenance this hath found , when the parliament granted the first d . aid , and the king to name commissioners , that they put in all the same again which were in the monthly assessment ; which as it was the highest disservice imaginable to the crown , in favour of their particular countries ; so it is like to prove the most fatal to the nation , disabling it to raise any great sums from the great inequality of it , and inclining the party oppress'd to embrace any new project that may hazard the present government , or prove destructive to the nation . secondly , the zealous endeavours of the western and northern members to continue the monthly assessment , which is so favourable to them ; which when they consider the consequences before-mentioned , i hope will be no longer insisted on , at such a time as this , when all that 's dear to them is at stake . but to shew that this is easily practicable , if the parli●ment will follow the methods heretofore used by their ancestors , i shall refer you to the quotations in the margin * , and to those acts , which you will find in the statutes at large , where the assessors were upon oath , and the commissioners named by the king with power to examine all persons upon oath . but if these methods be thought too rigorous , i propose that the commissioners may only be of his nomination , according to the right of the crown , and the practice of all ages , whose only power is to see the assessors do their duty to put the law in just execution ; and that every man may be bound to deliver into the assessor the true value of the lands in the place where it lies , according as it is rented ; and if in their hands , according to the highest value that it pays in parish-taxes , with any thing that is rented , under pain to forfeit a year's value for every concealment of all that he hath in that place . and that the commissioners have power to examine any other but the person himself concerning the value of the lands , and the parish-taxes , in order to an equal pound rate , and to levy the penalties upon concealments . and if it shall be thought reasonable to allow any thing for the port of the person , that it be ascertain'd by a tenth , or any other part to be deducted to the commissioners from persons above a certain quality , but to lose that benefit upon any concealment . as to the not raising a considerable sum , there can by no way be so much rais'd , as by this ; for we find by experience , that the monthly assessment , though now screwed up higher than ever , does not raise above l. s. but every d. in the pound will raise a million , and the four shillings that were given by way of d. aid the first year , would have rais'd four millions , which i prove thus : the monthly assessment at , l. per mensem , raises , l. per annum ▪ and of this i am sure not near a third part of england pays above d. in the pound , and some not above three pence , and so upward to a shilling : now if these two thirds were brought to pay a shilling , and the others reduc'd , i leave it to any reasonable man to judge , whether the remaining , l. would not have been rais'd , especially if money and personal estate are call'd in to aid ; and this i shall observe to you , that all the home-excise of the province of holland , as i have been credibly informed , do not raise above a million , and the rest of the provinces not above half a one , tho multiplied and extended to the utmost : and therefore if laid only upon some few things here , would not raise such sums as are imagin'd ; and for that reason also not worth the experiment , to change the ancient methods of our ancestors , which will be found in the conclusion the most equal and reasonable of all others . postscript . this paper being writ and calculated for the year . before the parliament sat , and had adjusted their aids , a full and successful experiment has been made for a million upon a perpetual fund , and probably might bear half a million more , if the time for subscription and fund were enlarged ; there has also been tryal of another s. pound-rate , which by reason all oaths were waved , and very small penalties put upon the concealment , and the commissioners not of the king's nomination , as i am informed , hath fallen short of the two millions that were expected from it ; so that other methods must be taken , as are herein before proposed , if you would make it any thing equal or effectual . there has also been new impositions laid on several commodities , which by the neglect and miscarriage of convoys , and want of station-ships and cruizers to clear the channel from privateers , as to trade in general , but more particularly to the mediterranean , turky , and west-india trade , have produced but very little ; also the duties upon sugar have been wholly taken off , which might have been born during the war. these things i thought necessary to observe , since they have made alterations in some matters contained in this essay . finis . advertisements . travels into divers parts of europe and asia , undertaken by the french king's order , to discover a new way by land into china ; containing many curious remarks in natural philosophy , geography , hydrography , and history . together with a description of great tartary , and of the different people who inhabit there . by father avril of the order of the jesuits ▪ done out of french. to which is added a supplement , extracted from hakluyt and purchas , giving an account of several journeys over land from russia , persia , and the mogul's country to china : together with the roads and distances of places . politica sacra & civilis : or a model of civil and ecclesiastical government ; wherein , besides the positive doctrine , the state and church in general , are debated the principal controversies of the times , concerning the constitution of the state and church of england . by george lawson , rector of moore in salop. both printed for tim. goodwin . notes, typically marginal, from the original text notes for div a -e rot. parliam . edw. d. nu . . vide co. instit. parl. fol. . vide l. coke's instit. . pa. , & . * hen. . ca. p. . the assessors and parties paying upon oath . hen. . ca. . p. . the same . hen. . ca. . p. . the same . & edw. the th . ca. . p. , & . the same . & edw. the th . ca. . p. , . the same . edward the th ca. . p. , . the same . & phil. & mar. ca. . p. , & . the same . a proclamation, for rouping the rests of the hearth-money. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, for rouping the rests of the hearth-money. scotland. privy council. scotland. sovereign ( - : william and mary) sheet ([ ] p.) printed by the heirs of andrew anderson, printer to their most excellent majesties, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the twelfth day of july. and of our reign the sixth year, . signed: gilb. eliot, cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hearth-money -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms a proclamation , for rouping the rests of the hearth-money . william and mary by the grace of god , king and queen of great-britain , france , and ireland , defenders of the faith ; to macers of our privy council , or messengers at arms , our sheriffs in that part , conjunctly and severally , specially constitute , greeting : forasmuch as the estates of parliament of this our antient kingdom , by their act of the date the tenth day of september one thousand six hundred and ninety years , made an humble tender and offer to us , of fourteen shilling scots for every hearth within this kingdom , payable at the term of candlemass , one thousand six hundred ninety one years , by the inhabitants dwelling in the houses where the saids hearths are , without exception or exemption of any , except the hearths of hospitals , and of poor people , who were upon the charity of the parish ; and where any houses were not inhabited , that the said hearth-money should be payed by the heretor , liferenter , or proper wodsetter , to whom the same for the time did belong : and albeit we by our commission under our royal hand , named a collector , with power to him to constitute and appoint sub-collectors , for the in-bringing , uplifting and receiving of the foresaid hearth-money ; and with advice of our privy council , did emit and publish divers proclamations , acts and orders , for the better helping and assisting our said collector and his deputs , in the execution of their saids commissions ; nevertheless a great part of the money that would have arisen from the hearths of this kingdom , is yet deficient , and not uplifted or collected from the persons lyable in payment thereof , to the great prejudice of our service , and frustrating the intent of the foresaid act of parliament . and we considering that what rests unpayed of the foresaid hearth-money , freely offered to us by the foresaid act of parliament , may be most effectually uplifted , and profitably brought in , for the interest of our service , and satisfaction of the intention of our estates of parliament in their foresaid offer , by way of publick roup , in favours of the persons who shall offer most for the same : therefore we , with advice of the lords of our privy council , do hereby make publick intimation to all our leidges , that what is resting unpayed of the hearth-money , offered to us by the foresaid act of parliament , is to be publickly rouped by the lords of our thesaury and exchequer , at edinburgh in the exchequer-house , upon the twenty fifth day of july instant , betwixt four and six hours in the afternoon , and that who sh●ll bid most for the same , shall be preferred , and have commission or right granted to them for uplifting and collecting thereof . as also , that the articles and conditions of the said roup , are lying in the hands of the clerks of our thesaury and exchequer , to be seen by all concerned before the said roup , and thereafter to be published both for the security of our leidges against exactions , and better direction of the said fermorer , in uplifting and collecting of the same . our will is herefore , and we charge you strictly and command , that incontinent , these our letters seen , ye pass to the mercat-cross of edinburgh , and to the mercat-crosses of the head-burghs of the several shires of this kingdom , and there in our name and authority , by open proclamation , make publick intimation of the premisses , that none pretend ignorance . given under our signet at edinburgh , the twelfth day of july . and of our reign , the sixth year , . per actum dominorum secreti concilii . gilb . eliot , cls. sti. concilii . god save king william and queen mary . edinburgh , printed by the heirs of andrew anderson , printer to their most excellent majesties , anno dom. . whereas his majesty hath been graciously pleased to grant a warrant under his royal sign manual, to prepare a bill to pass under the great seal of england, containing a grant or demise of all his majesties revenue in this his kingdom of ireland ... by the lords justices and council of ireland, mich. dublin, c., art. granard. ireland. lords justices and council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas his majesty hath been graciously pleased to grant a warrant under his royal sign manual, to prepare a bill to pass under the great seal of england, containing a grant or demise of all his majesties revenue in this his kingdom of ireland ... by the lords justices and council of ireland, mich. dublin, c., art. granard. ireland. lords justices and council. boyle, michael, ?- . granard, arthur forbes, earl of, - . broadside. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at the council-chamber in dublin the twentieth day of december, ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r diev et mon droit by the lords justices and council of ireland . mich : dublin : c. art : granard . whereas his majesty hath been graciously pleased to grant a warrant under his royal sign manual , to prepare a bill to pass under the great seal of england , containing a grant or demise of all his majesties revenue in this his kingdom of ireland , to sir james shaen knight and baronet , sir william petty knight , william hill , william ryder , robert gorges , thomas hoare , francis soane , william muschamp , edward richbell , stanhop mill , lawrence stanyan , and william hanway esquires , for the tearm of seven years , from the feast of the nativity of our lord god , one thousand six hundred seventy five , and now next ensuing , under the rents , covenants , agreements , limitations and restrictions therein mentioned ; and hath been also pleased by like warrant , to direct a commission to pass under the great seal of england , for authorizing and appointing sir charles meredyth knight , chancellor of his majesties court of exchequer in this kingdom , sir james cuff knight , john stone esq robert wood dr. of laws , thomas taylor esq robert gorges dr. of laws , thomas sheredan , william hannaway , edward wigg , thomas waller , and murtagh dowling esquires , to be his majesties chief commissioners and governours of all his majesties said revenue in this kingdom , to prevent any loss or damage which may happen before the passing of the said intended grant of his majesties revenue . and whereas the said commission with the said warrant annexed thereunto , may not arrive so timely out of england , as that the said commissioners may by virtue of their said commission , settle and authorize the several officers that will be necessary to be appointed for managing of his majesties said revenue , from and after the twenty fifth day of this instant december , when the present farm of the revenue will determine : to the end therefore that his majesties revenue may front and after the said twenty fifth day of this instant december , be duly collected , received and answered , and all loss and damage for want of the said commission may be prevented . we the lords iustices and council have thought fit hereby , to authorize , constitute and appoint the said sir james cuff , john stone , robert wood , thomas sheredan , and mortagh dowling ( being such of the said commissioners as are now residing in this kingdom of ireland ) to be his majesties commissioners and governours of his majesties said revenue , until the arrival of the said commission out of england . and we do hereby give unto them , or any three of them , full power and authority in the mean time , to appoint such officers and ministers , upon such security and with such allowances as they shall think fit , for receiving , collecting , answering and managing the several branches of his majesties said revenue in the several sea-ports , cities , counties , and towns of this kingdom , that shall grow due from and after the twenty fifth day of this instant december , until further course shall be taken therein by the said commissioners , after the arrival of the said commission . and we do hereby also require all persons that shall be authorized or employed by the said sir james cuff , john stone , robert wood , thomas sheredan , and mortagh dowling , or any three of them , before the arrival of the said commission out of england , or that after the arrival thereof , shall be authorized or employed by the commissioners in the said commission named , that they do diligently and faithfully execute and discharge their offices and trusts respectively ; and that they do from time to time give a just and true account of all such summs of money , as they or any of them shall receive during their said imployments , and of all their actings and proceedings therein to the said commissioners , so often as by them , or the major part of them , they or any of them shall be thereunto required , any law , statute , matter or thing to the contrary notwithstanding . and we do further hereby require and command all officers civil and military , to be aiding and assisting to his majesties said commissioners hereby nominated , until the arrival of the said commission and to his majesties said commissioners named in the said commission , from and after the arrival thereof , and to such persons as shall be authorized and imployed by them in the execution of their respective offices and places as they and every of them will answer the contrary at their utmost perils . given at the council-chamber in dublin the twentieth day of december , . ja : armachanus . thomond . clanbrasill . blesinton . o : brien . hen : midensis . j : povey . jo : bysse . will : stewart . john cole . h : ingoldesby . ri : gethin . theo : jones . wm. flower . god save the king . dvblin , printed by benjamin tooke , printer to the king' 's most excellent majesty ; and are to be sold by joseph wilde bookseller in castlestreet . . upon consideration of a petition presented unto us, by the officers of the receipt of his majesties exchequer, and the answer of the farmers of his majesties revenue thereunto ... by the lord lieutenant and council. ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) upon consideration of a petition presented unto us, by the officers of the receipt of his majesties exchequer, and the answer of the farmers of his majesties revenue thereunto ... by the lord lieutenant and council. ireland. lord lieutenant ( - : ormonde) ormonde, james butler, duke of, - . broadside. printed by benjamin took and john crook ... and are to be sold by mary crook ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at the council chamber in dublin the th. day of december, ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal yp pense royal blazon or coat of arms by the lord lieutenant and council . ormonde . upon consideration had of a petition presented unto vs , by the officers of the receipt of his majesties exchequer , and the answer of the farmers of his majesties revenue thereunto , as also of the provision made by his majesty for and in behalf of the said officers expressed in his majesties grant to the said farmers for and concerning the iust and vsual fees due and accruing to the said officers upon the payments of his majesties revenue arising out of quitt-rents , crown-rents , and composition-rents within this kingdom , by his majesties ter-tenants , we iudge it expedient , and it is accordingly by and with the unanimous consent of the said farmers and officers , ordered , that the said farmers and commissioners of his majesties revenue , do forthwith give notice by printed copies of this order to all and every of the collectors , or receivers that have been or are employed by them in this kingdom , for the receipt of his majesties said quit-rents , crown-rents and composition-rents , since the commencement of the present farm , that they do within the space of one & twenty daies after notice aforesaid , give and deliver in writing a full and just account of all the fees to the said officers of his majesties receipt , which they the said collectors and their agents under and by them severally employed have received from his majesties said ter-tenants to the th . day of september last past , which said account is to be such , as they will give upon oath to be made before any one or more of the barons of his majesties courts of exchequer aforesaid , wherein they are to express the denominations of such lands , and the ter-tenants names within their respective districts , for which they have received the said fees as aforesaid , to the end the said officers may know for what lands they the said collectors have , and for what lands they have not received fees ; and the said collectors or receivers are hereby required to pay or cause to be paid all the moneys they have received for fees as aforesaid , within forty days after they shall receive such notice of this our order as aforesaid , to such person or persons as the said commissioners and officers shall nominate and appoint to receive the same , for the vse of the said officers ; and to the end every such person or persons as are herein concerned may be proceeded against that shall not punctually comply with this our order , the farmers and commissioners of his majesties said revenue are hereby required to give notice to this board of every particular person employed by them for receiving of the rents aforesaid , that shall not punctually comply with this our order . given at the council chamber in dublin the th . day of december . m●ch . armach , c. arran . blesinton . granard . lanesborough . ranelagh . hen. midensis . r. coote . ro. booth . john keatinge . jo. davys . theo. jones . wm. flower . god save the king . dublin , printed by benjamin took and john crook , printers to the king 's most excellent majestie , and are to be sold by mary crook at his majesties printing-house , in skinner row. . an abstract of the charter to the governour and company of the bank of england charter bank of england. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an abstract of the charter to the governour and company of the bank of england charter bank of england. p. s.n., [london? : ] caption title. place and date of publication from wing. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tonnage fees -- england. tariff on liquors -- england. taxation -- law and legislation -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion an abstract of the charter to the governour and company of the bank of england . whereas by an act , intituled , an act for granting to their majesties several rates and duties upon tunnage , &c. it is enacted , that for four years , from the first of june . there shall be paid upon the tunnage of all vessels , wherein any goods shall be imported from any the countries in the act named , or coast-wise , from port to port in england , the several rates in the act mentioned , and certain additional duties of excise , on beer , ale , and other liquors . and that weekly , on every wednesday , if not an holy-day , and if it be , the next day not an holy-day , all the monies arising by the said rates shall be paid into the exchequer . and that yearly , beginning from the first of june , the sum of l. arising out of the said duties and rates ( in case the weekly payments extend thereunto ) shall be the yearly fund , ( and if they do not extend thereunto ) then the said weekly payments , so far as they will extend , shall be part of the yearly fund : and in case the said duties and rates shall be so low , as that within any one year the weekly payment shall not amount to l. or be sufficient to answer the annuities by the act intended ; in such case , the commissioners of the treasury are strictly enjoyned , without any warrant from the king , to make good such deficiency , out of any treasure or revenue of the crown ( not appropriated ) yearly to discharge the said annuities . and that it should be lawful for their majesties , to commissionate any number of persons to receive such subscriptions as should be made before the first of aug. next , by any natives or foreigners , or corporations , towards paying , into the exchequer , the sum of l. and that the yearly sum of l. shall be appropriated to such subscribers . and that the said weekly payments , as they come in , shall be divided into / parts , and / parts , which / parts shall be appropriated to the paying of the said l. per annum , and shall be paid as the same comes into the exchequer , to the use of such subscribers . and that the king may appoint how the said l. and the said l. per annum , shall be assignable ; and may incorporate such subscribers by the name of the governour and company of the bank of england , subject to the condition of redemption . and if l. or a moiety , or greater part thereof , be not paid into the exchequer , by the first of january , then the subscribers shall have only after the rate of per cent. per ann. and the commissioners of the treasury are required without any warrant from the king to pay the said l. per annum to the subscribers . and that no person or corporation shall subscribe more than l. and every subscriber , at the time of his subscribing , shall pay down / of his subscription , and in default thereof , such subscription shall be void ; that the residue of the subscriptions shall be paid into the exchequer , before the first of january ; and in default thereof , the first fourth part shall be forfeit ; and that none before the first of july shall write above l. provided if l. or a moiety thereof be not subscribed by the first of aug. then the powers for erecting a corporation shall cease : and in such case , so much of the l. as shall belong to the subscribers may be assignable ; and that the monies payable by the act to any person , shall not be chargeable with any duties or impositions , as by the said act may appear . and whereas , their majesties by commission under the great seal , did authorize divers commissioners therein named to take such subscriptions as should be made before the first of aug. pursuant to the said act ; and therein did promise , that in case l. or a moiety were subscribed before the said first of august , that his majesty immediately after the said day , or as soon as l. should be subscribed , which should first happen , would incorporate the subscribers by the name aforesaid , and did declare , that the whole sum subscribed and paid , should be the capital stock ; and that all the subscribers should have an interest therein , and in the said l. per annum which interest should be assignable , so as such assignments be entred and registred , as in the said commission is directed , as by the same may more fully appear . and whereas , it appears by duplicates transmitted into the exchequer , under the hands and seals of five or more of the commissioners , that the sum of _____ hath been subscribed , and the first fourth part thereof paid to them on , or before the _____ day of _____ last by and whereas , it also appears by the entries of several assignments , made in the auditors office , that are by mean assignments , severally intituled to the subscriptions , made by the said their majesties in pursuance of the powers in the said act do appoint , that the said and all and every other persons , natives , and foreigners , and bodies politick , who over and besides the persons before-named , have subscribed any sum of money towards the sum of _____ and paid the fourth part thereof upon their subscriptions , and who are now living and have not assigned , and all the heirs and successors of any the original subscribers now dead , who have not assigned in their life , and the heirs and successors of the assigns now dead , who did not in their life assign ; and all persons , natives , or foreigners , or bodies politick , who either as original subscribers , and not having parted with their interests , or as heirs , successors , or assigns , or by other lawful title , have or shall have any interest in the said capital stock , or yearly fund , so long as they have any interest therein , shall be , and be called one body politick , &c. by the name of the governour and company of the bank of england . that by that name they shall have perpetual succession , and a common seal , and be capable to purchase and hold lands and tenements , and goods , and chattels ( not restrained by the act ) and to grant or dispose the same . and shall sue and be sued , and do all other matters and things , that to them appertains , subject nevertheless to the condition of redemption in the act mentioned , and to all other the conditions and clauses therein . that all persons having any interest in the said capital stock , or yearly fund , as original subscribers , or by assignments , or as heirs , &c. shall be , and be esteemed members of the said corporation , and be admitted into the same without charge . that the aforesaid sum of _____ subscribed as aforesaid , shall be , and be called the capital stock of the said corporation , _____ and that all persons , their heirs , successors , and assigns , in proportion to the sums by them respectively subscribed , shall have an interest in the said capital stock , and yearly fund of l. that the commissioners of the treasury now , and for the time being , without any warrant from the king , do direct their warrants and orders for payment of the yearly sum of _____ to the said corporation and their successors for ever , by and out of the / parts of the money , arising by the duties granted by the said act , ( subject nevertheless to the payment of the issues , fines , and debts upon judgment against the corporation ) the first year , to be reckoned from the first of june . that the commissioners of the treasury , and the officers of the exchequer , do pay the said / parts of the monies arising by the said duties , or so much of it as shall be sufficient for this purpose to the said governour and company , and their successors , by weekly payments or otherwise , as the same shall come into the exchequer , in satisfaction of the said yearly sum of _____ and in case / parts of the said weekly payments intended to be the said yearly , fund , shall not amount to so much as the said yearly sum of _____ which is the annual fund established for the said corporation , then their majesties grant and agree with the said corporation , that / parts of the said weekly payments , so far as the same will extend shall be part of the yearly sum of _____ and if the said duties shall at any time appear to be so deficient , as that within any one year to be reckoned from the said first of june / parts of the weekly payments on the said duties shall not amount to so much as _____ within the same year : then the commissioners of the treasury , without other warrant from the king , shall make good every such deficiency , by paying so much of any treasure of the king's ( not appropriated by parliament ) toward the payment of the said yearly fund of _____ as ( together with / part of the moneys , paid into the exchequer for the said duties ) shall compleatly pay off the said yearly fund of _____ according to the meaning of the said act. that for the better ordering the affairs of the corporation , and for a succession of persons to be governor , deputy , and directors thereof , there shall be for ever a governor , deputy , and directors , who , or any , or more of them ( whereof the governor or deputy to be one ) shall be , and be called a court of directors , for the ordering the affairs of the said corporation with such powers as are hereafter mentioned . that ( who is chosen for this purpose by a majority of the subscribers having each l. stock ) be the first governor , and who is chosen in like manner , be the first deputy-governor , and who are chosen in like manner , be the first directors of the said corporation . that the said governor , deputy , and directors , shall continue in their offices till the th . of march , , and till others be chosen and sworn , unless any of them shall dye , or be removed , as is after-mentioned . that all the members of the corporation may meet for the choice of their governor , deputy , and directors , and for the making by-laws for the corporation , or other their affairs ( publick notice being affixed at the royal exchange two days at least before the said meeting ) that all the members , or so many as meet , shall be called a general court , which shall assemble in manner hereafter mentioned . that all succeeding governors , deputies , and directors , after the th . of march , . shall be yearly chosen forever between the th . of march , and the th . of april in each year , by the majority of the members , having each l. stock , who shall be personally present , and each have one vote and no more ; which governor , deputy , and directors , shall continue in their offices for one year , and till others be chosen and sworn . and in case of the death , avoidance , or removal of the governor , deputy , or directors , the survivor of them , or the majority of those in office , may elect other persons as aforesaid . that every deputy in the absence of the governor shall have the same power as a governor . that no person shall be an elector for the choice of governor , deputy , or directors , or making of by-laws , or in any other the affairs of the corporation , who shall not have in his own right , and not in trust , l. stock ; and also take the oath hereafter mentioned , if required , viz. i a. b. do swear , that the sum of l. or more of the capital stock of the governor and company of the bank , &c. doth at this time belong to me in my own right , and not in trust . that no member in any election , or other business of the corporation , shall have more than one vote . provided that any quaker who shall have l. stock , and shall ( if required ) sign the following declaration ; viz. i a. b. do solemnly declare in the presence of god , that the summ of l. or more , of the capital stock of the governor and company of the bank , &c. at this time belongs to me in my own right and not in trust , shall have a vote at any general court. that the governor or deputy , or any two of the directors , do administer the said oath and declaration . that no person shall be governor , unless he be a natural-born , or naturalized subject , and shall then have in his own right l. stock . that none shall be chosen deputy , unless at such time he be a natural-born , or naturalized subject , and shall then have in his own right l. stock . that none be chosen a director , who shall not be a natural-born , or naturalized subject , and shall then have in his own right l. stock . that no governor , deputy , or director , shall continue in their offices longer than the continuance of their respective stocks in their own rights ; but upon reducing their stocks to any lesser summ than as aforesaid , their respective offices shall determine , and others be chosen in their places by a general court. provided that the said appointed to be the first governor , or any hereafter chosen into the said office , shall not execute the said office , until he hath taken the oaths appointed to be taken by the act , made for abrogating the oaths of supremacy and allegiance ; and , until he hath taken the oath following , viz. i a. b. do swear , that the summ of l. of the capital stock of the governor and company , &c. doth at this time belong to me in my own right , and not in trust : and another oath , viz. i a. b do swear , that i will to the utmost of my power , support the fellowship of the governor and company of the bank , &c. and that in the execution of the said office , i will honestly demean my self according to the best of my skill . which oaths , to the first governor , may be administred by the lord keeper , or the chief baron ; and to any future governor , by the lord chancellor , or lord keeper , or by the chancellor , or chief baron of the exchequer , or by the last preceeding governor , or deputy , or ( in case a deputy be sworn ) by such a deputy , who are empow'red to administer the same . provided that the said appointed the first deputy , or any hereafter in that office , shall not execute the same till he hath taken the like oaths ( mutatis mutandis ) : which oaths , to the first deputy , shall be administred by the lord keeper , or chancellor of the exchequer , or chief baron of the exchequer , or by the first governor after he is sworn : and to any future deputy may be administred by the lord chancellor or keeper , or the chancellor or chief baron of the exchequer , or by the preceding governor , or deputy , who are empow'red to administer the same . provided that none of the said hereby appointed the first directors , or any hereafter , in that office shall execute the same , until they have taken the oath mentioned in the act for abrogating the oaths of allegiance , &c. and until they have taken the oath following ; viz. i a. b. do swear that the sum of l. of the stock of the governor and company of , &c. doth at this time belong to me in my own right and not in trust . and another oath , viz. i a. b. do swear , that in the office of a director i will be indifferent to all persons , and give my best advice for the support of the said corporation , and in the said office honestly demean my self to the best of my skill . which oaths to the first directors shall be administred by the lord keeper , chancellor of the exchequer , or chief baron , or by the first governor , or deputy-governor sworn , as aforesaid : and the said oaths , to any future director , shall be administred by the said chancellor or lord keeper , chancellor , or chief baron of the exchequer , or by a sworn governor or deputy . that all the other members having each l. stock before they shall give any vote in any general court , shall take the said oaths appointed by the act for abrogating the oaths of allegiance , &c. before the governor , or deputy , for the time being , who are required to administer the same , and also this oath , viz. i a. b. do swear , that i will be faithful to the governor and company of the bank , &c. and in all general courts , according to the best of my skill , give my assistance for support of the said corporation . provided that any quakers having l. stock before they shall vote in any general court , shall before the governor , or deputy , solemnly promise and declare in the presence of god , in words to the same effect , with the oath last mentioned , and shall severally subscribe the same , together with the declaration appointed by the act for exempting their majesties protestant subjects , dissenting from the church of england , from the penalties of certain laws : which declarations and subscriptions the governor and deputy are empow'red to administer . that the court of directors shall have power to give the following oath to the servants of the corporation for due execution of their places ; viz. i a. b. being elected treasurer of the said corporation , do swear , that i will be true and faithful to them , and will faithfully execute the said office to the utmost of my skill . and the like oaths to other officers . and in case any person elected governor , deputy-governor , or director , shall neglect or refuse for ten days to take the oaths appointed , the place of all such persons shall be void , and others shall be chosen in their places by a general court. that no dividend shall be made , save out of the interest , or produce , arising out of the capital stock ; or by such dealing , buying or selling , as are allowed by the act , until redemption by parliament of the yearly fund : and that no dividend be made without consent of a general court. and that the governor , or in his absence , the deputy , upon notice to be given , as aforesaid , shall summon four general courts , at least every year ; one in september , another in december , another in april , and another in july . and if there be failure of holding a general court in any of the said months , by default of the governor or deputy , any three or more of the directors shall call a general court , which shall be holden in the month next after the month in which the same should have been holden . and that the governor , or , in his absence , the deputy-governor upon demand to be made by any nine , or more of the members , having l. or more stock , shall within ten days , after demand , summon a general court to be held . and , in default of the governor or deputy-governor , it shall be lawful for the said nine or more members , having each l. stock , upon ten days notice in writing , to be fixed on the royal exchange , to summon a general court , and to do any business of the corporation , and to hear and debate any complaint made against any governor , deputy-governor , or directors , for mismanagement : and if such governor , deputy-governor , and directors , shall not clear him or themselves to satisfaction of the general court ; then within ten days another general court shall be called finally to determine the same , who may remove the governor , deputy-governor , and directors for such misdemeanors , and elect others in their rooms in the same manner as before directed . and where any governor , deputy , or director shall die , or be removed , or his office be void , the members in a general court , qualified as aforesaid , may elect any other member , qualified as aforesaid , into their places , who shall continue therein to the next usual election , and until others be chosen and sworn . that the governor , deputy-governor , and directors for the time being , or any thirteen or more of them , ( the governor or deputy-governor being always one ) from time to time may meet at any convenient place or places , for management of their affairs , and hold courts of directors for the purposes aforesaid , and summon general courts as often as they see cause . that the governour , deputy-governour , and directors , or the major part , ( the governour or deputy-governour being one ) shall act by such bye-laws as shall be made by the general court ; and where the same shall be wanting , they shall direct and manage all affairs of the corporation in borrowing and receiving monies , and giving securities under the common seal , and in their dealing in bills of exchange , buying or selling bullion , gold or silver , or selling goods deposited for money lent , and in selling goods , being the produce of lands purchased , or in lending any monies , and taking securities for the same ; and to chuse servants , and allow them reasonable salaries , and to remove them if they see cause , and generally to act and do in all matters , which by the act may be done , which they shall judge necessary for the well ordering and managing the corporation , and to enjoy and execute all powers , &c. as fully as if done by the governor and company of the bank , or by the general court , subject to the clauses and restrictions , &c. in the act. and their majesties give power to all and every members , qualified for electors at a general court by majority of votes , to make by-laws for the corporation , and imposing mulcts and fines , ( not repugnant to the laws of the land ) so as they be confirmed according to the statute , which fines shall be received and recovered to the use of the governor and company , without any account to be rendred to their majesties , and to allow salaries to the governor , deputy , and directors . that the first general court shall be holden within twenty eight days after the date of this charter . and for ascertaining how the capital stock and yearly fund of l. shall be assignable and assigned , their majesties direct there be constantly kept in the office of the company , a book wherein all assignments shall be entred : and their majesties ( pursuant to the powers in the act ) direct that the method of making all assignments of the capital stock , or any part , shall be by an entry in the said book , signed by the party assigning in the words following , viz. memorandum , that i a. b. the _____ day of _____ in the year of our lord do assign of my interest in the capital stock of the governor , and company , &c. and the benefit thereby arising unto his heirs , &c. witness my hand — or in case the person be not personally present , then by an entry signed by some persons authorized by letter of attorney , or writing under seal in the words following , viz. memorandum i a. b. this _____ day of _____ in the year of by virtue of a letter of attorney or authority , under the hand and seal of dated the _____ do in the name , and on the behalf of the said assign of the interest and share of the said in the capital stock of the governour and company , &c. unto his heirs and assigns , witness my hand under which transferr the person or persons , or bodies politick , to whom the assignment is made , or some by them lawfully authorized shall sign his name , attesting his acceptance thereof . and that the entry so signed , and no other way shall be the method of transferring the interest in the capital stock , and such transferr shall be good , and convey the interest of the party transferring . provided , that any person having stock may dispose thereof by will , attested by three or more witnesses ; however such devisee shall not transferr , or be entituled to receive any dividend , till entry of so much of the will , as relates to the said stock , be made in the books of the corporation . their majesties appoint , that the governour , or in his absence the deputy-gonour , shall not have any vote , but only where there is an equality of votes . provided , that all matters , which the governour , deputy-governour , or directors , shall order as aforesaid to be done by sub-committees , or others appointed under them , shall ( by vertue of such order ) be done by such sub-committees or others so appointed . and their majesties grant , that this charter , or the inrollment thereof , shall in all things be valid in the law , according to the true intent of the same , and be taken in the most beneficial sence , for the best advantage of the company in all courts of record or elsewhere , notwithstanding any mis-recital , defect , &c. and that this charter shall be made and sealed without fine or fee , great or small , to be paid their majesties in their hanaper or elsewhere . and their majesties promise to grant such further and other powers , &c. as shall be reasonably advised by the counsel learned of the said governour and company , to be approved by the attorney or sollicitor-general . in witness , &c. finis . taxes no charge in a letter from a gentleman, to a person of quality, shewing the nature, use, and benefit of taxes in this kingdom, and compared with the impositions of foreign states : together with their improvement of trade in time of war. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) taxes no charge in a letter from a gentleman, to a person of quality, shewing the nature, use, and benefit of taxes in this kingdom, and compared with the impositions of foreign states : together with their improvement of trade in time of war. defoe, daniel, ?- . [ ], p. printed for r. chiswell ..., london : . reproduction of original in duke university library. attributed to daniel defoe by the kress lib. cat. table of contents: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- early works to . taxation -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion taxes no charge : in a letter from a gentleman , to a person of quality . shewing the nature ▪ use , and benefit of taxes in this kingdom ; and compared with the impositions of foreign states . together with their improvement of trade in time of war . licens'd , nov. . . london , printed for r. chiswell , at the rose and crown in st. paul's church-yard . mdcxc . the preface to the reader . upon the receipt of the following letter concerning the nature of taxes , and levying of mony upon the subject , i immediately resolv'd to commit it to the press ; as conceiving that it might be instrumental towards the removal of that popular argument , which the mal-contents of the age are so industrious to instil into the minds of the common sort ▪ viz. that frequent taxes are an ins●pportable grievance and oppression to the nation ; and this by so much they the more successfully propagate , by how much 't is a received opinion among the populace , and such as either for want of parts , or not accu●●om'd to serious reflections , have not throughly consider'd this affair ; whence 't is come to pass , that this vulgar error has obtained so general a consent and approbation , that it needs not to be much inculcated . this the disaffected party to the present government are sufficiently sensible of , and therefore are not unactive in the establishment of an untruth , which has the advantage of making a deep impression upon such , whose byass'd and prejudicate sentiments render them fit objects of their design : sed dato , & non concesso , allowing , but not granting , that taxes were really a burthen to the nation ; yet if it be true that è malis minimum , of two evils , the least is to be chosen . it will thence follow , that 't is better for the kingdom to have purchas'd its redemption from popery and arbitrary power , though at the price of some part of the estates and fortunes of the subject ; rather than to have lost all at one throw , by a tyrannical invasion upon their religion , laws , and liberties . i presume that even some of those busie agents who sow these seeds of discord and division among us , would have been content to have bought their safety almost at any rate , whilest the storm was imminent ; and now that 't is happily blown over , and nothing appears at present , but a s●rene skie , and fair weather : why should they either endeavour a reduction both of themselves and others to their former danger , to which their turbulent devices do immediately tend ; or strive to create unreasonable dissatisfactions against so just an expedient , as each ones discharging a few pence for an ensurance of the publick peace , and quiet settlement of the nation ? 't is surely very unaccountable , that those men , who discovered so great an alacrity and forwardness in opposing of popish tyranny and arbitrary power , should now endeavour to enslave us under the same uneasie yoke ; but with this additional aggravation to our former servitude , that whereas we were then allowed some , we must now make brick without straw . this seems so wild a notion of obedience ( the result of the passive doctrine ) and that the chief wheel in that unaccountable engine of absolute sover●ignty , as is destructive of all government ; inasmuch as 't is utterly irreconcileable with the preservation , and com●●n interest of humane society . but these murmuring , seditious spirits , after shamefully retracting from their early officiousness , in their encouragement of the late expedition of the then prince of orange , are not content with a compleat enjoyment of their properties , under the even steerage of this great and skilful pilot , who so justly manages the helm of the present government , as not to invade the rights of any man ; nor yet to retain their particular sentiments within their own breasts , but they must needs vent and divulge them to others , by which t●ey become the publick incendiaries of the nation . but as i cannot enough admire both the folly and ingratitude of these men , who strive to disseminate so poysonous a contagion ; so have i not room left for wonder and surprize , to observe divers innocent well-meaning persons so unwarily catch'd and infected by it , when not many months ago , their lives , religion , liberties , all that was dear or acceptable unto them , lay apparently at stake . for which , i pray , do they account the more advantagious , whether their ●roperties to be infring'd , their religion violated , their laws subverted , their estates confiscated , and they , with their wives , children , and relations , to be expos'd to the fiery tryal , or to be seasonably freed from these amazing terrours , ready to overwhelm them in a full carrere , when they received a signal and miraculous , as well as a gracious deliverance , and that as much above their hopes , as it has since appeared to be beyond their desert ? what would not every honest man , or good christian , have given at that time to have had that security under his own vine , and under his own fig tree , the liberty of his religion , the full enjoyment of his property , and an equal and just administration of the laws , which he now enjoys under the benign influence and protection of the present government ? and then with what face can he deny to contribute his respective share , and proportion , not only to the assuring of his own particular right , but also that of the general interest , together with what is infinitely preserable to either , the protestant religion in the three kingdoms . all this , and much more , which might be offered , and insisted upon ( were not prolixity improper in a preface , espe●ially to so small a discourse , as is that of the following letter ) seems exceeding reasonable upon the former hypothesis , if taxes were really a burthen and oppression to the nation , which the following sheets do abundantly evince that they are not , by shewing that they are so far from being a diminution of , that they really add to the trade and riches of a state. this the auth●r has fully prov'd from the opulent condition of those countries where taxes are most numerous , and after several copious parallel instances deriv'd from foreign monarchies and rep●blicks , shewing their great advancement by tax●s , and frequent levies upon the subject , he undertakes to demonstrate the practicableness , as well as equal advantage of the same to these kingdoms . this i thought to be of such seasonable and publick importance , in reference to the present state of affairs , as well in order to the rectifying the afore mention'd general prejudice and mistake , as to silencing of all intemperate and unreasonable murmurers against the proceedings of the grand council of the nation , in the methods taken for a supply of the naval and land-forces , that i thought fit to usher it into publick view , as considering that if these men who most inveigh against taxes , could be brought to believe , that they naturally tend to the advantage and interest of the state , and do really conduce to the enriching and improvement of it ; they must needs cease from their seditious clamours against , and satyrical reflections upon the government in this respect ; and that this would not be the sole advantage which would accrew from the clearing up of this mistake , but that all honest and good men will joyn more cordially than ever in their unanimous and chearful contributions to its support , when they are made sensible , that not only the common duty of subjects , that indispensable obligation of a perpetual gratitude which they owe to their deliverer , and the nat●ral instinct of self-preservation ought to quicken and excite them thereunto ; but besides all this , that they are really gainers by this co●rse , and consequently what they expend upon that account , does after a due circulation retu●n to them with a considerable improvement and a●gmentation . the contents . the manner and use of taxes among the ancient romans . page , numerous taxes a great advantage to the commonwealth of venice . p. — and to the united provinces . ibid. the contrary shewn to be a great occasion of poverty , both in the empire and spain . p. portugals exceeding them in taxes , an occasion of its greater riches , than either . ibid. the present state of france represented as to this particular . p. , the method of imposing taxes in germany , spa●n , france , mo●covy , florence , swe●eland , poland , denmark and the common-wealth of venice , compared with that of england , &c. p. , , , , the use and employment of taxes in other kingdoms shewn to be different from those in this . p. taxes prov'd no charge , but a gain , both to the publick and private interest , from seven particulars . p. i. from the persons who pay the greatest share of them . ibid. ii. from their use and circulation . p. iii. from their improvement of trade , and therein a description of the nature of trade . p. , iv. fro● the poors being employ'd by them . p. , v. from their making men of no use in the kingdom , profitable to the commonwealth . p. vi. from the● us●fu●n●ss in time of war , for the encouragement of t●ade and manufactories within the kingdom . p. vii . from their dispersing as much treasure in the nation in time of war , as t●ade d●es in peace . p. , a late paper confuted , entitled [ proposals humbly ●ffered to the consideration of this present parliament , &c. ] p. of taxes uneasie t● the s●bject . ibid. . such as are levy'd by way of fees in offices . ibid. . by poll mony. p. . benevolence . p. . such as are impos'd for liberty in religion . p. . monop●lies . p. . alterati●n in the value of mony. p. . raising mony from travellers , as in holland , &c. ibid. of taxes accounted most adviseable in other kingdoms . p. . excise . ibid. . impositions on the jews . p. . on play-houses , &c. ibid. . a tax of labour upon such malefactors as we punish with death : the reasonableness of this , and the severi●y and unprofitableness of our own law , in this respect . p. , , taxes no charge : in a letter from a gentleman , to a person of quality . worthy sir , pursuant to my promise , at our late conference , i here present you with a short essay , concerning taxes , which i su●mit to y●ur private censure , and sh●ll 〈◊〉 limit you from sending it to the press , if in your op●●io● it may prove serviceable to the publick . that t●i●ute , or as we now ca●l it , customs , taxes , & ● . were originally a mark of servitude , is evidenc'd by the interrogatory of an infa●ible author , of whom do the princes of t●e earth take tribute ? but as government became more humane , the sav●ge exaction upon strangers was less rigid , and the romans , who were then masters of civil government in the world , sound it conducing to the establishment of that overgrown , and prodig●ous empire , to mak● every part of t●eir 〈◊〉 easie to the people , and that in point of taxes they should be universally equal ; which seems to be confirmed by that of august●s , when he ordered all the world to be taxed ; wherein we 〈◊〉 no exemption of a 〈◊〉 above ot●e●s . they were indeed invested in divers 〈◊〉 pr●viledges , but in 〈…〉 taxes , we find the wisdom of that empire to make a distinction from any that were under their conquest and government . in imitation of whose equal , and prudent conduct , all su●ceeding governments have been guided in tempering of th●ir co●q●ests , and not as in the first ages , making both persons and estates the 〈◊〉 of victory . by this means , civilities , laws , and christianity have been propagated in the world with that advantagiou● success , to which they could never have attain'd , if conquest had been pursued , and employ'd as in former ages , in all the i●humane acts of slavery , violence and rapine . the romans were the first we read of , that regularly paid their armies : before them , the barbarians might sometimes divide the spoil of their enemies , and other savage ways they had , to satisfie their herds of men , but no exact payments were in use , until the romans ; and for the maintenance and encouragement of so good a gov●rnment , they imposed taxes , that so in intervals of peace , their armies might not be exposed to the nec●ssi●y of committing the like ravage , they did in times of war , and publi●k hostility . they soon became artists in taxing the people , inventing ways to bring in mony. that of augustus caesar , in taxing the whole empire , seemed to be in the manner of a poll with us . there was also a tribute imposed upon passengers , going from place to place , and a custom levy'd upon goods and merchandize . they had also an art of raising mony , from aliens , upon the account of being admitted to the priviledge of romans ; and many other ways , and devices they had to advance mony , which if duly considered , was the chief , if not only reason why they were so fam'd in the world for good government , because that they paid their army , and ministers of state so well , that they lay not under the temptation of violence or bribery . i shall here come to a close in relation to tax●s , and impositions , under the heathen roman emperours ; and only in order to the making good my position , that taxes are no charge , infer from this done by the ro●ans , that 't was none in their days , inasmuch as it kept the people from violence , and ravage of the soldiers , and the worse exactions and corruptions of civil magistrates . we will now make an enquiry into the taxes , and impositions of christian princes , and then compare them with those of these kingdoms . first , then let us look into the impositions of common-wealths , the greatest and most antient is venice . no●e will say that they are a poor state , though all must own that they lie under heavy taxes , insomuch that 't is believed in those countries , that the c●ristians under the turks are subject to less impositions , than such as live under the venetians , where besides great customs upon all merchandize , they pay excise for every bit of bread and meat , nay for the very salt they eat ; and after all thi● , the poorest labourer pays his poll-mony : and yet where is there a richer people ? and no government , either christian or heath●n in the known world of such antiquity , and without charge , though pester'd with continual wars , at one time for the space of seven years , had all the christian princes in europe in a league , and war against them , except england . we will mention the next commonwealth in p●wer and riche● , the vnited provinces : i need not particularize their taxes , few there are of our kingdoms , but know them , and that they are so great , that 't is believed the poorest labouring man in holland adds to their intrado● four pounds sterling a year , so great is the excise on every ●●ing they eat or drink : besides upon the occasion of any war , it is usual to raise the fortieth peny upon th●i● whole esta●●s ; yet these people vye with all nations in matter of trade and riches , and ' ●is matter of controversie which of the two , whether they or venice , in proportion to their extents of land , are the richer . t●ey of holland out-do them in their common people as to wealth and coin. now then it must be allowed that taxes there do no harm , since the very peas●nts ( bores t●ey call them ) are so rich , as frequently to give a tun of gold , which is ten thousand pounds of our mony , in portion with their d●ug●ters . the naming of these two commonwealths may serve for all under that distinction . i shall now come to taxes under monarchs . to nominate some few , as instances to supply the r●st , 〈◊〉 begin with the empire , where taxes are generally low , and consequently the people poor : for it will be so ( as i shall hereafter demonstrate ) where-ever the rich gentry , and others have nothing to fetch mony out of their coffers , but their own expence ; by which the commonalty can have little opportunity to i●prove themselves . spain follows much the steps of the empire in their taxes , and although there are numerous causes assigned for the poverty of that part particularly under the name of spain ; yet that of their irregular and uncertain taxes do powerfully contribute to the indigent state of that kingdom ; for that the country cannot be planted by reason of the armies living upon the spoyl of it , not having a penny pay for six months together ; by which means the country feels little difference from the conquest of their enemies , and the quartering their own forces . portugal is more craving in its taxes , impositions being heavy on importations which are of the worst sort ; yet better than none : and seeing it raises a considerable reven●e , their army and officers of state are well paid , and their country much richer , and more populous than spain , that borders upon them . i shall put a period to that part of my discourse referring to the taxes of foreign princes , with that of france , which is rather the abhorrence , than example of any christian prince ; his tyrannical impositions being grown to an unlimited exaction upon all men , both sacred and civil and yet so , if the barbarity of the thing could have been separated from the effect , those unbounded taxes would not have impoverished the country ; if the mony had not been spent out of his own dominions in foreign conquests , which rarely prove benefi●ial to the country th●t invades . if we consider france , in the beginning of their invasions on their neighbours , we shall find them no● so rich as they were sev●n years after , notwithstanding that great part of their taxes were sent out of the kingdom to raise men , and more spent in paying the army in the enemies country , and buying of towns. now , at first view this may seem strange and unaccountable , that impositions upon a people , and a great part of them carried out of their country , should make them thrive : yet , notwithstanding this seeming paradox , ' ●is a certain truth , as in the sequel of the discourse will be fully evident : and , that france might have managed a war with all europe , and not have begger'd the kingdom , as now it is , if they had not destroy'd it by their fierce persecution of the hugonots ; for that has evidently been the ruin of that kingdom . whereas had the french ●rotestants been encouraged and maintained in their rights and religion , they would have been their best and most loyal men , both in peace and war ; for so they prov'd in the minority of this king , in the general defection of france ; and had they been now possest of their religion and rights in france , it is to be fear'd , we had not so easily commanded the seas , most of the french seamen being of that profession . we now come to compare the taxes of these kingdoms with those of foreign princes ; and to save multiplying of words , will reduce all under two heads : first , the laws , and manner of imposing taxes upon their subjects ; and , secondly , the quantum and duration of such taxes . for the first , the laws and manner of imposing taxes ; that is as different as the climates which they are under . i shall not trouble my self , or the reader , with naming of all the kingdoms in europe , but shall only instance some of the most considerable : in order whereunto , i shall begin with germany ▪ the impositions of which country may be brought under two heads ; that of the tenure and obligation of the princes , nobility , and free cities , to furnish a certain number of men in the wars against the turk . the second , by levying money in the dyets , neither of which , if compared with those of england , can be thought easie . that of furnishing men , is little better than tyrannical in the lords and nobles , who arbitrarily force thei● tenants , and perhaps neighbours to compleat their numbers , without any relief in the greatest abuse , having none to make complaint or application to , to redress their grievances and violent usage . then , for their ●yets , they are so few for the commonalty , and so much influenc'd and overpower'd by the predominant interest of their grandees , that the impositions can hardly be laid with any ●qual or just regard to , or right consideration of the poor . taxes in spain are yet more arbitrarily imposed , the people having no vote there , but all the duties laid in effect by the king and his council : in some cases they will advise with the nobility and other communities , but 't is no more than meer complement , or matter of form : for whatsoever the king and council enact , that they must acquiesce and agree to ; and the truth is , it appears so by their irregular , vexatious , and yet most unprofitable way of taxes , in which they are much short , and in●eriour to any government in europe . france makes a fair shew to the people , and yet makes a better market for the king : he imposes duties un●er th● pretence of the parliaments of each province laying it on the people ; but at the same time , 't is only the king's word that makes the ordinance of parliament : not as here in england , where it comes last to the king , for the royal assent : but there the king sends the parliament word , t●at he will have so much money ; and all the favour that they can obtain from him , is , to place it on such commoditi●s , or way● , as they think most expedient . and , 't is not unworthy observation to remark , t●at these parliaments of france are in eff●ct no more than courts of iudicature , in matters of right betwixt man and man , hearing and judging causes , and their places bought from t●e king , not elected by the people . so that from such parliaments nothing can be expected but the king 's dict●tes . the great duke of muscovia is above all tyrannical in his ●mpositions , charging on the subject what he pleases ; and yet which is more oppressive to his people , forestalls the chief commodities of the kingdom , or what comes from others , and sets what price he thinks sit upon them , by which he destroys his own merchants and dealers ; and , where other kings make themselves and their subjects rich , by raising money on them , he makes himself poor , and his subjects miserable slaves , barring them all industry , by shutting them out from trade , and agreeably to such oppressions , his vast dominions are thinly planted , and poor to a prodigy ; and had they the liberty of seeing other countries , he would yet have a smaller stock of inhabitants : but he keeps what he has , by making it death for all the kindred of such as go out of his dominions without his licence and permission . next to him in arbitrary impositions , is the duke of florence , who is not bounded in his taxes , and likewise ingrosses several trades , and sets what price he pleases upon his own commodities ; by which his country would also be made poor , but that he has the opportunity of other help , which the great duke of muscovia is not assisted with , ( viz. ) a country placed in the garden of the world ; and by his making legorn a free port , made it the centre of trade , and by that got the start of all princes in europe . the kingdom of swedel●nd has many advantages of raising money from the country , rather than people , and yet they are not exempt from taxes ; all which contributes to the inriching of that kingdom , which has little of arts or trade to improve it , only that which nature produces : and she indeed has been liberal to that great kingdom , in min●s of all sorts , though least of gold or silver , but abounds in copper , tin , iron , &c. of all which , the king has a tenth , as also of cattel and corn ; he has likewise the vast demeans of bishops and church-lands , out of which he only allows a small competency to his own bishops ; and a●ter all this , he has liberty , by the laws of the land , to raise money on the subject , in case of war. the king of poland is restrain'd , and can do nothing but by the 〈◊〉 of the dy●t ; yet has by that , power ( upon occasion of sudden straits and emergencies in war ) to raise money upon the people by his own comman , without assembling the dyet . denmark has a provision for its support above any kingdom in europe , god almighty having ( as it were ) out of a particular providence , supplied that kingdom out of its own production , seeing there is little in it either of arts or nature . the toll of the sound is a considerable revenue to the crown , and , as before mentio●'d , such as no prince in europe has the like , for that in all other kingdoms ▪ taxes are raised on themselves ; but this of the toll front ships passing the sound , is from strangers , that only pass by his country , and cannot reimburse themselves there : whereas duties imposed on foreigners , that bring in their commodities to another country , is no more than laying it on themselves , only with 〈◊〉 diff●rence , that they make foreigners the first collectors of it . the other duties on denmark are not considerable ; that on ca●●el which they sell in germany , is of most value ; as their intrado is not great , so is their country poor . i need not mention the manner of laying taxes in common-wealths , 't is alwaies with the consent of the people , who are too apt to censure their representatives , if they give not satisfaction to the popul●ce . and , not withstanding that of venice is a●istocratical , yet have they such numbers in their senate , that no tax can be laid , but for the good of the common-wealth , there being , at least , two thousan● five hundred gentlemen of venice , which are all of the senate ; and although many of them are engaged in the wars , and foreign employments , yet there can never be less , if but one quarter of them , than our great council the parliament . thus i have given but a succinct account of the nature a●d imposition of taxes in foreign k●ngdoms , which now in as few words let us compare ou●s with , and we shall see how happy a people we are above the best of our n●ighbour● . and first , let us consider who it is that lay impositions upon us ; 't is men chose by our selves . the difference indeed is great in the modus of our taxes , from other kingdoms , and also in the use of them . for the modus in other kingdoms , they generally consider only the nobility and gentry , that impositions may not touch or affect them , and care not how insupportable or grievous they are to the commonalty : but with us the taxes reach every man in proportion to his quality and expence . in other kingdoms they place taxes only to raise money , and have no regard to the trade of their kingdom , that so their taxes may not prejudice their commerce . but in england care is alwaies had , that impositions may not impede our trade and manufactories . now , as to the use and employment of taxes in other kingdoms , they also differ much from ours . in some kingdoms 〈◊〉 are imposed to enslave the people , and keep them poor , as in muscovy ; in other parts taxes are laid to enrich the nobility , as in poland ; in others , to fill the coffers of the prince , as in florence . whereas none of these uses take up our taxes ; they are with great care and caution lain out , and by the same law that raises them , appropriated for a particular service , and last no longer upon the people , than the necessity of the nation requires ; for that we never have money raised , but for the defence of the kingdom ; tho' as i shall shew in the close of this discourse , 't would re● dound to the advantage of the kingdom , if there were more taxes raised , and these assigned to publick uses in peace as well as war. i shall now come to the chief design of this discourse , which is , to demonstrate , that taxes are no charge either to the kingdom in general , or to particular persons ; but on the contrary a gain to all . but to render this matter the more plain and intelligible , i shall proceed after the following method . i. shew who in the kingdom pay the greatest part of the taxes . ii. what use is made of these taxes ; and how they circulate in the kingdom . iii. how trade is improved by taxes . iv. that the poor are imployed by them . v. that a sett of men of no use in the kingdom , are by taxes made profitable in the common-wealth . vi. that taxes , especially when trade is stopped by war , is the only remedy to keep the trading and mechanick hands of the kingdom employed . vii . that taxes will enrich the nation , and disperse in it as much treasure , when there is no foreign trade , as when 't is open . to begin then with the first head , who it is that pay most of the taxes : they are the worst members in the common-wealth ( viz. ) the extravagant and debauch'd . the greatest duties are , or should be laid upon commodities for pleasure and sumptuousness , as silks , gold and silver lace , &c. now these are wore in the greatest excess , by the extravagant of the kingdom , both men and women . a d●b●shee shall spend more out of an estate of a thousand pounds a year , than a regular man will from the annual income of five times that proportion ; and a miss lay out more on clothes than a countess : so in the excess to indulge the belly , as well as providing for the back . the vast consumption of wines and strong liquors , is by this sort of men ; nay , the poorest debauch , that can rise no higher than to beer and tabaco , pays ten times as much in the year , in proportion to his income , as the greatest peer . 't will hardly gain belief , that there is many of the meaner people , labourers and mechanicks , that by their expence , when they are ( as too many be ) extravagant , pay to the publick taxes above one tenth of their daily profit : as , supposing that a labouring man may earn sixte●n pounds a year , he will expend , though not very extraordinarily profuse , one half of it in drink and tabaco , upon which , the duty of customs and excise is , at least , two pounds of the eight , which he lays out in idle expences . now , it would be vehemently decried and exclaimed against , as the greatest oppression upon the poor imaginable , if by a poll or land-tax , this man , that vertually pays forty shillings , should actually , and above-board , pay so many pence by the year . thus we see ▪ that most of the duties and impositions on the kingdom light upon such as do least good with their substance ; and since they imprudently fling it away upon their extravagancies : 't is certainly a benefit to the kingdom , that there are taxes , to catch something out of it , for the improvement of better disposed men ; as we shall see in the next paragraph . the second particular is , what use is made of these taxes ; and how they circulate in the kingdom : in order to which , there are but two waies , in which they are employed ; one is for the king's court , the other for provisions of war , in the maintenance of naval and land forces . now , both these are as well the employment of trade and artizans , as they resolve into the security of the kingdom , and the preservation of the publick peace . there is no money which circulates so fast , as that which comes into the hands of seamen and souldiers . other men , that get money , frequently lay it up , and so it becomes of no use or benefit in the kingdom ; but , men that live by their pay , generally spend it faster than it comes in , by which means the money of the kingdom , like the blood in the veins , has its regular , circular motion , and every member in the body is warm'd and refreshed by it , which gives life and motion in the whole . and thus i presume , this second instance of the use of taxes proves , that they are of advantage and profit to the kingdom . thirdly , how trade is improved by taxes . upon this head there is much to be said ; and first , it will be requisite to say something of the nature of trade , how it affects the kingdom ; for that trade may in some cases prejudice a nation , and make it poor ; as the trade of spain does that kingdom . trade may also effeminate and debauch a country , as it does italy . now , 't is certain , that we are not free from both these publick mischiefs and inconveniencies in england ; though our fortune is such , that being islanders , and masters of one commodity , which no kingdom has in that perfection as our selves , which is wool that hath put our people upon manufactories , which is the treasure of this nation , and keeps our exports to a ballance with our imports ; otherwise this kingdom would have been as poor as spain , and as effeminate as italy ; but the employment of our milder sort in manufactories at home , and the more robust at sea abroad , keeps us a people in action , and so preserv'd from the luxury and effeminateness of italy , and the poverty of spain . i need not spend time to prove how far we are tainted with the mischiefs before mentioned . our trade with france , in all ages past , sufficiently proves , that a kingdom may be made poor by trade ; as we should have been by the vast treasure their linnens , wine , silks , toys , and salt , drew from this kingdom , if our other commerce in the world , had not ballanced our loss there . nor are we free from the effeminateness of italy , which i take to be the returns of our gentry's travels , a mischief to be lamented , rather than expected a reformation of , since we are arriv'd to that height of vanity , as to think that man not accomplished who is not become master of the delicacies of italy , and extravagant modes of france . but to return to my province , how trade is improved by taxes , for the proof of which assertion it seems plain , that some trade may impair a kingdom , and such taxes and impositions may abate by imposing such duties as they cannot bear . so far then it will be allowed , that they improve trade , as we commonly say , saving is gain ; so , if we keep out a destructive trade by duties , we may allow that an improvement of our own . but to come nearer to the matter ; taxes improve trade by employing numbers of idle men in naval , and land-service , that would otherwise be of no use ; but on the contrary a pest , and charge to the commonwealth . we seldom see any inlisted into the army , that are men of industry , or labour ; such persons are the wens and excrescencies of the commonwealth , that de●orm , but not strengthen the body ; and these being paid by the taxes of another sort of creatures as ( before i mention'd ) are of no use in the state ; but to throw abroad the treasure left them by their fathers , is virtually an improvement of trade : for that all like the rivers in the sea , terminate in the hands of industry and trade ; and perhaps , if duly con●idered , more men , and with more certain profit make voyages within this island upon this fund , than there do to most of our foreign trades . and in this place i must touch again upon the nature of trade , to shew that private hands may raise their fortunes by a trade , that may yet be a loss to a kingdom , as in that of france , already insisted upon , many , i was like to say , too many have acquired great estates by . now all the hands empl●y'd in that trade were no better than robbers of the kingdom , in carrying away our treasure , as we use the moors , giving us gold for glass-●eads . there is another sort of trade , that though it may not immediately carry away any of the stock of the kingdom , yet it does hurt in taking off hands , that might be employ'd to the advantage of the kingdom . now in both these the trade of taxes , for so i will call it for the future , has the advantage , for that it carries nothing out of the kingdom , nor yet takes off hands that would be better employ'd , but on the contrary takes away the disease of the country , idlers , and makes 'em at least so profitable , as to spend mony , which they would not be able to do , if the publick revenue were not their stock . fourthly , the poor are employed by taxes , and are by that means taken off from being a charge to the kingdom ; many men of broken fortunes are brought into the hospital of the revenue , which may be so accounted , since 't is generally fill'd with persons that are reduc'd to such necessities , as qualifie them for charity . this is one way , that taxes employ the poor , but not the main thing i mean ; which is , that the trade of taxes employs the poor artizans , and mechanicks , and that in a greater measure , than our virginia , and plantation-trade , we with so little reason so much boast of , in these kingdoms . by the observations i have always made in my traversing the world , i find , that those parts have been most opulent , and the people safest ; that filled their own hives and kept their swarms at home . that little commonwealth of luca to me seems a pattern for all the princes of europe , and is as practicable in the greatest dominions , as that little sp●t , whose land and cities ( having luna joyned to it ) are all circumscribed within the limits of six or seven miles square ; yet in that compass they are able to raise about twenty thousand horse and foot : a thing almost incredible , but known by all that have travelled that way , and were curious into such enquiries . these people are of wonderful industry , and enrich themselves by their manufactories , which they go not abroad to seek a market for , but mind their work at home , and so become more considerable , than those that spend their time in travels , being by their settl'd living , able to afford their commodities they make , cheaper , than the genoese and florentines , their neighbours . when i see in foreign parts , how rich and powerful a little siegniory , commonwealth , or state is made by husbanding their people , i often lament the misfortunes of my native country , that might certainly abound with the greatest , and most formidable people in europe , if they followed their steps . i have taken up some of your time in this discourse of trade ; which may seem foreign to my subject of taxes , yet i must be obliged to do it in all my future arguments , because taxes both arise out of trade , and maintain trade . to return then to where i left off , that the poor are employed by them in their several occupations : how many thousands of tradesmen have we , that are supported by our land and sea-forces , which could have no vent for their commodities , if they were not taken off at home ? saddles , bridles , sword● , guns , &c. have no foreign market ; yet these employ thousands of hands , who are pay'd by taxes . fifthly , there is a set of men , who like rats in a cieling , live upon prey , and do no good in a commonwealth , which these taxes ferret out of their holes ; those impositions , i mean , which our parliament has , with great wisdom , now laid on stocks by pole : for nothing but land-taxes will reach vsurers and misers , who spend nothing but for the supply of the necessities of nature . now these men are the moths of the country , it being more mischievous to the kingdom in general to hoo●d up money , than for robbers to take it by force ; and though the law protects these silent thieves , yet they are real criminals , that lock up the tools of the industrious , many suffering through want , that could be profitable both to themselves and others , had they but mony to set them at work . usurers are by too many thought a vermin in the commonwealth ; i cannot but have a better opinion of them , and think that the pest and plague of the nation is a sort of pious extortioners , who declaim against usury as unlawful gain , but will buy for half value any thing they can meet with from a person in extremity : and next unto these , are such as adore their bags , and will upon no terms part with these deities : their bags are no thorough-fair , only a way in , but none out . these men are by taxes made against their wills small benefactors to their country , and it were to be wished that our great and wise council of the nation would yet pursue them farther , and lay a double imposition upon mony locked up in chests , more than what is out at vsury , which being employed , is on the duty it was made for ; but the other is in captivity ; and the paltroon should be punish'd for his cruelty . sixthly , taxes , especially in time of war , are the only preservation of all men employ'd in trades and manufactories ; and perhaps not much inferiour to foreign trade , if in all respects considered : for as to what is spent in the kingdom , if it bring nothing in , yet it carries nothing out ; and so far taxes are profitable , in that the kingdom is not the poorer for mony so raised , and so spent ; and in times of war , and prohibition of trade abroad , if money were not raised by taxes , and that employed among our mechanicks and manufactories , men would be forc'd to seek their bread abroad , and the loss of men , is the greatest misfortune that can befal a● kingdom . the practice of the dutch in burning their spices when they have such quantities as would lower the price , might be something of direction in this case , and seems a better government to employ all our hands in time of war , as fully in their manufactories , as ever they were in a free trade , though when they were made , they were burnt , it being of dangerous consequence to discontinue trade . there is no adjourning labour , and mechanical arts in a few months will either lose the men , or they their trade by some other course of life . seventhly , that taxes make the kingdom rich , and in time of war disperse as much mony in the nation , as trade does in time of peace . here i must touch again upon trade , and enquire what trade brings us in bullion , gold , or coin ; for we have some of all , though considering the value of our native commodities , 't is wonderful that we should have so little ; and that of those numerous trades , which our navigation entitles us to , that we should by carrying in our ships , our own manufactories , out of all those advantages add so little to the treasure of the kingdom , and bring home no bullion , but by our trade to spain , and some little from the levant , our guinea trade , and for some years past , buckaneers in the west-indies . but that which is our best fund , is the trade of spain and portugal ; the former is made considerable to us by our east-india commodities , which fetch from spain , more than we send out in specie , though some believe the east-india company does us hurt , by carrying out the gold of the kingdom . now then if the greatest part of our trade consists in bringing in commodity for commodity , then all the benefit o● that trade is , that it gives employment to our common people in their mechanick arts ; and if we can do that by our own expence at home , 't is more the profit of the kingdom , than by sending them abroad ; for that we avoid the hazard of the sea , and other accidents abroad : it seems then that taxes do that , since they issue forth mony for payment of our artizans , and mechanicks , that are employed in making commodities for our own use , and at the same time enough for that foreign trade , which furnishes us with bullion : and by that it appears that we are much greater gainers by the trade of taxes , than by all our foreign trade , which brings in nothing but commodity for our own expence . we see that the care of our parliament is , to prevent the importation of foreign commodities , and to encourage that commerce , which brings us in money for our own . this then is the surest trade i know for that purpose , of laying such impositions as may fetch out the m●sers hoords , which are as remote and foreign to the employments of the kingdom , as those in the mines at the indies ; and i know no difference betwixt bringing treasure out of an iron chest by a good law , and plowing the seas by long and dangerous voyages ; only the advantage seems greater , by getting it from an enemy at home , than a friend abroad . but undoubted it is , that the kingdom is as much increased in its common stock , as is brought out from the mony'd men : it would exceed the limits of a letter to evince what i am morally sure of , that the pole and land-taxes , passed this last session , has actually brought into the bank of trade , more ready mony than came into th● kingdom , during the late kings unhappy reign ; and 't is a vulgar error to believe that t●xes , even to the meanes● man is a charge , for that his mite is with increase return'd by the expence of that , which would never have seen day , but by the force of a law ; so that publick taxes , expended in our own country , may be accounted the poor and the m●chanick's bank , by which they are employed , and maintained : and as the meaner sort have advantage by taxes , so have they of better quality : the land-lord has his rent the better paid by the quick returns of mony : the merchants , and other traders , find it in their payments , and receipts ; the country farmer in the sale of his corn and cattle : for this is certain , that most mens expence either in cloaths or food , is according to their mony or fortune , not appetite or vanity : many men content , or rather confine themselves to a threepenny ordinary , that would spend twelve pence , if they had it . so that after all the noise and clamour that is made in the kingdom , inveighing literally against the heavy taxes , which are on the subject ; this unreasonable declaiming is made for them that no man loves , the griping misers , that hoord up mony : for he indeed seems only aggrieved , that pays out to support trade , in which he never had the heart to do good ; and even this man would be a gainer too by taxes , if he were not separate from humane society , and trusted neither god , nor man ; whatever he has to do in the world , is to see that he runs no hazard in it , and whoever he deals with must be sure to him , though he cannot be so to himself . and besides this extream earth-worm that hoords , there is another se● of men that do little good in the commonwealth , and that is such as have more mony by them , than they can employ , and perhaps would gladly put it out to interest , but cannot : these are less faulty than the former , yet should be obliged to do some good with their treasures , and the best way seems to lay a round tax upon that mony. 't is with reason believed that there is now ten times the proportion of mony in the kingdom , as was in the reign of king iames the first ; yet not more stirring in the kingdom , but what is brought out by customes and duties ; then would it not be as beneficial to trade by taxes upon the misers and hoorders of mony before-mentioned , to fetch it out from them , as with s●ips to get it from foriegners : we have rich mines at home that may keep us in full trade these ten years , if we had none abroad ; and nothing but such impositions as may supply the want of trade , can keep our artizans and manufactories together . thus i have huddl'd together a mixt discourse , which i ●ear may be troublesome to collect , and shape , for your apprehension ; but your greater judgment will unite its incongruities : i can only justifie the matter to be in the main of it , collections from the practice and usage of other places ; for what relates to this nation , you are a better iudge than i am , who am guided by the practice of trade , and that is , i doubt , too often exploded by ministers of state. i confess the fatigues of government , are above the conduct of a mercantine head , and therefore i acquiesce without much enquiry in to them , only sit often down with doubtful conjectures of the issue of our present affairs . i mean not of the present distractions which an inconsiderable number of mal contents fling among us , whose profession more immediately obliges them to the characters of peace-makers , than it does other christians : these will cease with the romish interest , that masks it self under them ; but that which i fear , is , a distraction of the trades , manufactories , and industry of the nation , because i see none concerned for it . the tumour of the times , looks more like the ris●ing of a camp , than improvement of trade and commerce ; most men in court and city pursuing employments , civil or military , which i take to be an ill omen , and doubly to be blamed ; first , for men of fortune and employment in trade , to take away that which should be bread for the decay'd man. and then , secondly , it is mischievous to the commonwealth to have men that can employ themselves in it , to be taken off from promoting the publick in their proper station . having thus run through the nature and vse of taxes , with the reasons that seem perswasive , as to the great help they are to the support of this kingdom ; you may perhaps expect i should say something of the way , how taxes may be most beneficially , and easily layn , but in that i am bar●'d by some impertinent pens , who are every day printing their follies ; to which is added an unaccountable boldness , not to say more , by their designing to direct the great council of the nation . i could name several that have taken pains in this matter , but omitting others , i cannot but name a paper i saw the other day , entituled , proposals humbly offered to the consideration of this present parliament , being a soft and easie way for raising of mony in order to the prepetual maintaining , and defending of this kingdom . the author there tells you , how the nation shall be supported by a miracle ; and if it were only so , i might not think it impossible : but as our faith must be above reason , yet not against it , so i think are miracles ; but perhaps that gentleman has another fund for his invention out of the turks opinion , that lunaticks and idiots are inspired , and such may be thought so , that propose to break the most ancient tenure of england , and to raise up a treasure , which , to use his own words , no body ever thought of before ; a stock of honesty to pay fleets and armies ; he 's only short in not proposing a way , how to make that treasure sailable ; for he that has it , will not part with it : and they who have it not , are seldom in love with it , nor will take it in payment without the gentleman's token , that found out this unknown treasure . i beg pardon for this digression , which i make only to shew the cause , why i am loth to crowd in among the politicks , as he that gives this advice to the parliament often mentions . but though i dare not presume to direct the best and most pro●itable way of taxes ; yet i will here name such as i think are not the most desireable , and then mention such as in other parts of the world are thought most agreeable . for , such as i take to be uneasie to the people , and not most profitable to the state , are , first , those that are levied on the subject by way of fees in offices . this , that in its original was either to be a profit to the crown , in bringing in money to the king's exchequer , or an ease to the crown , in saving the charge of salleries for officers about the law , &c. is now become neither . perhaps , if an estimate was made , there would be ●ound some millions sterling raised in this kingdom on offices , of which there comes not the thousandth part into the king's treasury ; nor , that which is more strange , not a penny saved of the king's charge in maintaining those officers . some have thousands a year in fees and perquisites , that yet have a large sallary from the king. others have offices , whose fees , when first establisht , would but afford an honest livelihood to the officer that o●●ficiated ; but in process of time 't is advanced to ten times that value , and now is managed by a deputy , perhaps for less than a twentieth part of the profit of the office. this seems a grievous tax , and would be thought so , if appropriated to any particular use of the crown : as for example ; if the parliament should give a certain tax to the king , for maintaining a war with france , and this tax , contrary to expectation , amounted to five times ▪ the charge of that war , would it be thought reasonable for the king to demand a farther supply from the people ? or rather , would it not be thought equal , to ease the subject of so much of that tax , as is surplus to the charge . the case seems parallel in offices , and if enquired into , there may be thought almost enough there to save the kingdom from other taxes ; but i would not be understood to invade any mans property . the wisdom of the nation might find expedients to do a general good , without a particular injury to any man. secondly , poll money seems an unequal and unprofitable tax ; unequal , if it be by a general way , all heads to pay alike , the cobler with the lord ; and unprofitable , if it be by distinction of qualities : for that it gives great opportunity of frauds in collection , and not without some in point of estate and quality , broken men thinking it , and too often affecting a credit , by being returned in the poll-book of that value , which in truth they may not be . thirdly , such as are raised by benevolence , are the worst of taxes , and this of free gift is of double consideration . first , as it is from the subj●ct to the prince , and then as it is from the people one to another . benevolence from the subject to the prince is dangerous , in that it brings men under discrimination ; he that gives not largely , perhaps beyond his ability , will be looked upon as diss●ff●cted . and such is the unlimitedness of this way of taxing , that men have no rule whereby they may be safe , but shall , it may be , be compared to men of twice their estates , or that which is worse , with sycophants , fools of the times , who are extravagant in their contributions to that government , which refunds them equally to their service . that of benevolence one to the other is a frequent tax in the kingdom , and in my opinion one of the greatest mistakes in our government . there is nothing more common than this , given by authority , for losses by five , and other general calamities . i seldom see it for losses at sea , though they are yearly much greater than those by fire . but to return , this way of raising money by benevolence to relieve one another , is a tax on the best men , and an impu●ity on the worst . good men are apt to commiserate the necessities of their neighbours , when bad men too often rejoice at them , and seldome give any thing to relieve them ; 't is god only that can regulate the affections ; man can compel the outward conformity . and there seems in nothing a greater want of the aid of government , than in this of payments to any publick use , the want of which renders honest men a sacrifice for uncharitable misers . i have sometimes 〈◊〉 the collection for the poor at church-doors no better ; for , till all men be alike virtu●us o● 〈◊〉 , that can be no equal levy that leaves men at liberty . the government are best judges of what the poor should receive , and the rich pay ; and if that were thought convenient , it seems to me most equall , where every one should give to the relief of his distressed neighbour , according to his worldly substance , not christian charity . fourthly , impositions upon men for their religion , seems no good way of taxes . indeed the truly conscientious man will think that well bestow'd which purchases the exercise of his religion , but that is no warrant for imposing it . we may say , under the gospel , that which david could not under the l●w , that ●e would not serve god with that which cost him nothing . i so much doubt my judgment in my own province , that i dare not intrude into that sacred one of divinity : but think it allowable to take any choice of opinions in this matter , and with those i join that think no errour in fundamentals should be allowed in a christian church , nor any difference in circumstantials purchased by money . fifthly , monopolies are an ill way of raising money ; for any set of people to have the particular selling of any commodity , or using any arts , though they pay a great rent to the government , is yet a great prejudice and tax to the people , where no industry should be restrained . yet i am of opinion against them that think the turkey , hamborough , ●ast-india , and other companies , for foreign trade , a monopoly . the ca●e is vastly differing , and so far from hindering a publick good , that they preserve those trades in the kingdom , which would be torn to pieces by a con●used and general trade : it was evident in the time , when the east india trade was at large ; but this requires an ample discourse of it self . sixthly , i take the alteration in the value of money to be a tax , and no good one . we are less afflicted with that than any people in the world ; yet some little touches we have had , rather by accident than design , so needs the less to be said on them ; but whereever 't is used , the subject is the sufferer ; for , call money what you will , it has its standard in the world , and is no more than what other nations account it , according to its intrinsick value , not what name any king or government gives it . now , if a prince , as the french often do , raise money in name , the landlord and officer , that receive fees and pensions , are the losers . the merchant and tradesmen lose but once , by as much as they have in their hands , at first coming out of the charge ; but those men of real estates are losers , as long as it lasts , for that they must take it for what the government calls it ; but the merchant and tradesmen will not , because they put a value upon their commodities accordingly . if the government makes twenty shillings three and twenty , the merchant will have three and twenty shillings for twenty shillings worth of commodities : so that he must value it according as it bears with the intrinsick value ; for in proportion to that he buys and sells throughout the world , however kings and governments give names to their several coins . so we see it in france and holland , where they reckon their cash by livres or crowns , and in holland by gilders , and pound flemish ; yet still the merchant rules himself by the standard in england , which is thought the best in europe . seventhly , raising money from travellers and passengers over bridges and through cities , as they do much in holland , seems an unequal tax , and subject to great frauds . i take it to be unequal , because generally 't is the poorest and most industrious that are liable to it , and perhaps it often reaches those that are travailing to find out charity , or labour for a living . now , to exact from them , before they have purcha●ed it , is a severity equal to that of making brick without straw or stubble . 't is liable to great frauds , since ' ●is impossible to have a check ; so that the gatherers are under great temptations , and the collectors being men of mean quality , are ap●er to be seduced . those taxes seem most beneficial to the government which pass through few and most solvent hands . and , as 't is secure for the state , so 't is most easie for the people ; and the better that impositions are collected , the more are the people disburthened from new levies . i sh●ll now come to shew what are thought in other kingdoms most advisable , and they are these . first , that of excise , which is most used in the vnited provinces , which we should here think intolerable , to be laid on every bit which we eat ; but there it is found useful , and time has made it natural to the people ▪ so in venice and other parts . the great duke of florence does the same , by raising most of his revenue upon consumptions in his own dominions , which indeed seems of all taxes the most equal : for that no man by it can be said to be oppressed , he being his own assessor , and pays but what he pleases , according to his expence : but laying it , as they do in the vnited provinces , upon the food of the poor , might be thought a grievance . if that , and one defect more , could be remedied , there could be nothing said against this tax ; and that is , the rich miser ( who starves his miserable body ) goes most free ; therefore , as to him , i have before given my opinion , how he might be reached . where this excise is most used , importations and exportations are most eased , by which means trade is greatly improved , and at the same time , the levies to the king or state much augmented ; for that the expence of those merchants and seamen that repair thither , tho' they often sell nothing , but come to see a market , is considerable . secondly , in other countries iews are particularly tax'd , and for which there seems good reason , for that no tax hardly reaches them , but like the misers before spoken of , they are indeed beyond them , for that excise toucheth not them ; they neither eat nor drink with christians ; a few eggs or herbs are most of their food ; live sordidly , and spend little ; have no lands or rents to be reached by any tax : nor is their trade profitable to a kingdom , or advantagious to the revenue , dealing most in bills of exchange , iewels , and concealable commodities , that pay no duty . these men should be reached by a particular tax , and so made profitable to a kingdom . thirdly , in some places the government maintains playhouses and matters of sport and recreation , paying the actors salaries , and taking the profit into their treasures : and in other parts , as in holland , the publick have one that takes part of what is given by spectators ; so that they make a gain out of that waste money , for no better can i term it . if a calculation was made of all the money spent in england , by such diversions , it might be thought , a round sum might be raised to the king. does it not seem an omission , that a playhouse which receives twenty thousand pounds a year , should pay nothing to the publick ; when a coffeehouse , that receives not one thousand per annum , pays twenty pounds ? and so it is in musick houses , bear-gardens , and plays in fairs , &c. fourthly , in some parts of the world , as italy , france , and spain , a tax of labour upon malefactors condemns such as we here punish with death , to the gall●es and mines , which is a punishment of greater terror and longer example than death , and at the same time , of profit to the kingd●m i have often thought upon this particular , and spent hours in debate with my self , and therefore shall beg your patience , if i trouble you with a tedious harangue o● 〈◊〉 part of my conceptions . i have enquired first into the law of god , then into that of other kingdoms , and find that we differ from both in our punishment for felonies . the law of muses , which is more severe than ours in many things , ( as that of adultery and disobedience to parents , the latter of which is by our law not so penal as a broken head ) yet in felonies n●t so extream as we are ; so far from making it death , as not to i●flict a corporal punishment . the restoring of four-fold was directed by the great judge of heaven and earth ; and if the thief had nothing to make satisfaction with , he was to be sold. but our laws and customs differ much , when we punish the kingdom for the fault of an evil member . it will not be denied , but that the treasure of men is of more value than that of money . now , to take away the life of a man , is in its proportion , equal to a mans cutting off a limb , because it is sore . a thief is a diseased member , better to be cured than destroyed . 't will be thought an extravagant fancy , yet to me it seems a real truth , that a thief is less mischievous to a body politi●k , than a miser ; for he only makes a wrong transferring of riches , the other ( i mean the miser ) keeps all buried , so that the community is wronged by him , and only particular persons by the other ; and , as the taking away the life of a man weakens the kingdom , so does it injure the person robbed ; for that if the thief were not able to pay , then might he be sold , and kept at work in mines , or other penal labour , both for satisfaction to the person injured , and corporal punishment to the offender : and , it may be thought to be of more terror , to have a spectacle for many years labouring with a shaved head in chains , than an execution of half an hour , that is oftentimes soon forott ● i have named but these four heads for all the foreign use in taxes , because i do not remember amongst the 〈◊〉 waies they have , any other practicable and profitable in these kingdoms . the two later of these we do not use ; but i presume , if they were taken into the consideration of better heads than mine , they might find a way to make something out of them : forasmuch as i am able to judge , a great revenue might be made to accrew to the kingdom , out of the vermin of the nation , lewd persons of both sexes , which now pass as if tolerated in their enormities ; and only one sett of them that the law seems severe against , punishing them with death : which by so much appears to be the worse , by how much we suppose nothing too rigo●ous for offences against our selves , and nothing too little or indulgent for crimes committed against god. i am , sir , your most humble servant . by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payable the first of august last past england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . dated at end: given at our court at whitehall, the twenty sixth day of september, in the twelfth year of our reign, . reproduction of the original in the british library. eng england and wales. -- parliament -- appropriations and expenditures -- early works to . england and wales. -- army -- appropriations and expenditures -- early works to . taxation -- england -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments, due and payabl england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for speeding the payment of the arrears of seventy thousand pounds for three moneths assessments , due and payable the first of august last past . charles r. whereas in our absence an ordinance of both houses of parliament was made , intituled , an ordinance of the lords and commons for the assessment of seventy thousand pounds by the moneth upon england , for three moneths , for the supply of our present occasions , and for and towards the payment and satisfaction of the armys and navies , continued for the defence of this kingdom , and for other the necessary and urgent occasions thereof , and for the due levying and raising of the said moneys , an act also passed in this present parliament , for putting the said ordinance in execution , and thereby all and every the clauses , powers and provisions in the said ordinance mentioned , are enacted to be put in full execution . and whereas by the aforesaid ordinance , it is ordered and required , that the full sum of the said three moneths assessments , charged upon the several and respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , should be wholly paid in and compleated to the receiver general thereunto appointed , at or before the first day of august last past ; nevertheless the same is in a very great measure , as we are informed , uncollected : and for non-payment thereof , the necessities they were appointed to supply are disappointed ; and the disbanding of such part of the army , to whom is assigned some of those arrears , will be much retarded : we therefore by and with the advice of our privy councel , do hereby require and command , under the penalty of our high displeasure , all and every the commissioners named in the said ordinance , for the respective counties , cities , boroughs , towns and places , within our realm of england , and dominion of wales , speedily and very effectually , to put in full execution all the powers , authorities , orders and rules mentioned and laid down in the aforesaid ordinance , as may best conduce to the speedy carrying on of the publick service thereby required , and that all and every the head-collectors , sub-collectors , receivers , and other persons impowred by any clause , article or order , in the said ordinance , do with all diligence and care , perform the duty of their several imployments , under the penalties by the said ordinance imposed ; to the end that there be no failer in any part of the due execution of the service by the said ordinance appointed : but that the whole arrears of the said assessments being paid in without delay , the great inconveniencies which otherwise will ensue , may be prevented and avoided . and lastly , we do hereby streightly charge and command all persons whatsoever to yield all due obedience forthwith as to the paying their and every of their arrears of the aforesaid assessments , in manner as by the said ordinance is ordered and directed , as they and every of them will answer the contrary at their utmost peril . given at our court at whitehall , the twenty sixth day of september , in the twelfth year of our reign , . london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . edward heming's proposal humbly offered for raising eight millions making good the qualifications mentioned in his printed papers delivered to the members of this honourable house. heming, edmund, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) edward heming's proposal humbly offered for raising eight millions making good the qualifications mentioned in his printed papers delivered to the members of this honourable house. heming, edmund, fl. . sheet ([ ] p.) s.n., [london : ?] place and date of publication from wing. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- england. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion edmund heming's proposal , humbly offered for raising eight millions of money , making good the qualifications mentioned in his printed papers delivered to the members of this honourable house . in england , according to the most exact computation , being an actual survey in the year . the number of houses were from . to the year . is computed to be new built more houses built in all deduct for houses empty , and inhabited by poor uncapable of paying there remains houses capable of paying duties the duty for raising the before-mentioned sum of eight millions , is proposed to be laid upon one of the most general , substantial , useful , and necessary commodities in england , exempting none from the duty but the poor , viz. upon beds .   l. s. d. there may modestly be computed five beds to each of the houses , at d. per week each bed , will amount to in one year this duty laid for four years and a half , raiseth the computation for quality may be easily laid so as in four years and a half may amount to more which added together , makes the qualifications of this duty made good. that the poor pay nothing to this duty appears thus : they are to be excepted from the duty , there being houses excused for that purpose . that the lands are all clear of this duty , is obvious . that this duty will neither raise nor fall the price of any commodity , appears thus : the beds are not chargeable in the tradesmens hands , but in the possession of the buyer : so that this cannot injure the seller , neither raise nor fall the price of the commodity . that this duty will yearly increase , and grow greater , appears thus : by the increase of families , new buildings , by marriages , and trades-men setting up in their callings , the yearly increase may go near to discharge the expence in collecting . that this duty will bring no tradesman with complaints to the door of this honourable house , appears thus : no seller of the commodity being chargeable with any duty , more then for what beds he makes use of in his own family . that the king cannot be wronged of the duty , nor the subject over-charged , appears thus ; the numbering of the beds in each family is so easie , that it 's almost impossible to make any mistake , to the prejudice of the king or subject . that this duty may be collected without multiplying of officers , appears thus ; the officers that are imployed in receiving the duty for births and burials may collect this , or those imployed in the land tax . objection , the numbering of the beds will occasion officers to come into our houses ; that will not be endur'd . answer , it is not intended , but the assessors shall go from house to house , and the persons to be charged shall give an account of the number of their beds , and make a true entry : and if any person shall make a false entry , he shall forfeit , &c. obj. it will be too heavy upon inn-keepers , that lye under hardships in quartering soldiers , &c. answ . they shall be charged for no more beds than their own families use . if two pence per week each bed shall be thought too much , charge each bed at one penny per week , which will amount to four millions ; or laid but for two years , comes to near two millions . a proclamation, containing his majesties grace and favour to his subjects [in t]his his ancient kingdom of scotland proclamations. - - scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, containing his majesties grace and favour to his subjects [in t]his his ancient kingdom of scotland proclamations. - - scotland. privy council. charles ii, king of england, - . sheet ([ ] p.) printed by andrew anderson, printer to the king's most excellent majesty, edinburgh : anno dom. . steele notation: arms lo- jects twenty. dated at end: given under our signet at holy-rood-house the twenty fourth day of march, . and of our reign the twenty sixth year. dfo copy, reel , is creased and torn with some loss of text. reproduction of original in the folger shakespeare library, washington, d.c.. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- scotland -- early works to . scotland -- history -- - -- early works to . broadsides -- scotland - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation , containing his majesties grace and favour to his subjects 〈◊〉 ●his his ancient kingdom of scotland . c r honi soit qui mal y pense charles , by the grace of god , king of great brittain , france and ireland , defender of the faith , to our lovits , _____ our lyon king at arms , and his brethren heraulds , macers , p●rsevants , messengers at a●ms , our sheriffs ●●…hat part conjunctly and severally , specially constitute , greeting : fo ●● much , as the affection which we have to this our ancient kingdom of scotland , makes us readily to embrace ●ll occasions , whereby we may witness our zeal to do all things which may be for the advantage and ease of ●ur good subjects ; and we being informed by our right trusty and intirely beloved cousin and counsell●● the duke of lauderdale , our commissioner , of some things which have been , and still are troublesome a● burdensome to our good subjects of this our kingdom : we have thought fit as an act of our royal bountie , by our royal authority , with advice of our privy council , to declare our royal pleasure , for the ease and satisfaction of our good subjects in manner following . first , we , with advice foresaid , do hereby statute and enact , and accordingly do free●y and absolutely discharge to our subjects all rests of assessments , monethly maintenance , loan and tax , levies , out-reiks of hor●● and foot , excise , tenth and twenty ●enny : and generally all impositions whatsoever due , or imposed upon this our kingdom , 〈◊〉 any time before our happy restauration ; excepting all sums of money already payed , or bonds given for money ( which by assigna●●ons may be conveyed through several hands ) and all these particulars above-mentioned , we , with advice foresaid , do now discharge , notwithstanding of any commission gra●ted to sir john weymes of bogie , or any others for collecting them , or any of them . we , in like manner , with advice foresaid , discharge all rests of the taxation ordinary and extraordinary , granted to our royal father of blessed memory , by the parliament in the year of god , . comprehend●●g therein the taxation of two of ten 〈◊〉 annual-rents , excepting all sums of money already payed , or bonds granted preceeding the date hereof ; and excepting all sums of money due by any person , lyable for the relief of those who have made payment or gven bond. but in regard the duke and dutchess of h●miltoun , have a right to the rests of the said taxat●●● untill they be 〈…〉 of cert●●● sums of money acclaimed , as yet re●●ng to 〈◊〉 by us , conform to a contract past betwixt 〈…〉 duke of hamiltoun , and a commission granted by us ●o william now duke of hamiltoun : we do declare , that we 〈…〉 satisfie the 〈…〉 the said duke after count and reckoning of his intromission with the said 〈◊〉 ; th● 〈◊〉 grace and favour intended hereby to our good subjects may be made effectual , and entire to them ; but prejudice in the m●●●time , to the duke of hamiltoun , of hi● right and execution thereupon , ay and untill he be satisfied of what shal be found due to him , 〈…〉 court and reckoning of his intromission with the said taxation . we do likewise , with advice foresaid , freely and absolutely discharge all such parts of the annu●●e of ●einds as were due to us before our happy restauration : and do suspend the charging for , the receiving or paying of any annuity due 〈…〉 our restauration , ay and until the earl of lowdon make account ( to any vve shall appoint for that effect ) of what he o● his father 〈…〉 received of the saids annuities : to the end we may then declare our further pleasure , excepting alwayes from this all sums of mone● 〈◊〉 pay●ed , or for which bond is given upon that account , preceeding the date hereof : and this , notwithstanding of any 〈…〉 granted by us 〈◊〉 to the earl of lowdon , for collecting of the saids annuities . we do also , with advice foresaid , freely and absolutely discharge all fynes imposed by ou● first parliament of this our kingdom , excepting such as are already payed , or such for which there is bond already given . it is alwayes hereby declared , that all moneys received by collectors or sub collectors from their several entries in all or any of these particulars , 〈…〉 discharge , or others entrusted for uplifting thereof , are ●●●eby excepted : and the saids collectors , sub-collectors , and others foresaid declared accomptable for the same , to any who have or shal have our commission for that effect . and last , we for a further proof of our affection to our good subjects of this our kingdom ; do , ●●th advice foresaid , freely and absolutely grant ageneral pardon and discharge of all arbitrary and pecunial pains incurred by any of our subjects , before the date hereof through the contraveening of any laws , penal statutes , or publick acts whatsoever ; except such pecunial pains as are already inflicted 〈…〉 our privy council , or any other competent judicatory , for 〈…〉 of money payed : and excepting all sentences of 〈…〉 imprisonment or 〈◊〉 , declaring alwayes , this ●ardon is not to be extended to any who were guilty of the rebe●li●● in the year . and are not admitted to the benefit of our ●●mpnity , not to such as are guilty of 〈◊〉 crimes . and we having given , as said is , so full proof of our bounty and goodness 〈…〉 ●●bjects , a●● of our full pardon of all arbitrary and pecunial pains , extending even to these against conventicles , withdrawing 〈…〉 ances , disorderly baptisms and marriages , we do expect , that this our unparalelled grace and goodness will oblige all our good subjects ●● to express their due sense of and thankfulness for the same , by a more careful observance and due obedience to our laws , from which nothing is to be derogate hereby as to their due observance in time coming . and to the end , that our royal clemency and bount● to o●● good subjects , may be for their full security made known to them ; our will is , and we charge you straitly and command , that incontinent , these our letters seen ; ye passe to the mercat cross of edinburgh , and the market crosses of all the other royal burroughs of this our kingdom , and other places needful and thereat , in our name and authority , with all due solemnities , by open proclamation , make publication of the premisses . the which to do we commit to you conjunctly and severally our full power by these our lette● , delivering them by you duely execute and indorsed again to the bearer . given under our signet at holy-rood-house the twenty fourth day of march , . and of our reign the twenty sixth year . per actum dominorum secreti concilii . gibson , c. s ● concilii . god save the king. edinbvrgh , printed by andrew anderson , printer to the king 's most exc●llent majesty . anno dom. . anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) england and wales. parliament. [i.e. ], [ ] p. printed by john bill, printer to the kings most excellent majesty, [london : ] [i.e. ] contains the acts drafted by the convention parliament. list of additional acts not included: pp. - . signatures: a-z² a- g² h¹ i- p² . annotation on thomason copy: "jan ". reproduction of the original in the british library. an act for the better ordering the selling of wines by retail -- an act for the levying of the arrears of the twelve moneths assessment commencing the th of june , and the six moneths assessment commencing the of december -- an act for granting unto the kings majesty, four hundred and twenty thousand pounds, by an assessment of threescore and ten thousand pounds by the moneth, for six moneths, for disbanding the remainder of the army and paying off the navy -- an act for further supplying and explaining certain defects in an act intituled an act for the speedy provision of money for disbanding and paying off the forces of this kingdom -- an act for the raising of seventy thousand pounds for the further supply of his majesty -- an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first -- an act for confirmation of leases and grants from colledges and hospitals -- an act for confirmation of marriages -- an act for prohibiting the planting, setting, or sowing of tobacco in england and ireland -- an act for erecting and establishing a post-office -- an act impowering the master of the rolls for the time being, to make leases for years, in order to new build the old houses belonging to the rolls. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of 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those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- demobilization -- early works to . wine and wine making -- law and legislation -- great britain -- early works to . taxation -- law and legislation -- great britain -- early works to . wool industry -- great britain -- early works to . regicides -- early works to . marriage law -- great britain -- early works to . tobacco -- law and legislation -- great britain -- early works to . postal service -- great britain -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli ii. regis . an act for the better ordering the selling of wines by retail , and for preventing abuses in the mingling , corrupting , and vitiating of wines , and for setting and limiting the prices of the same . for the better ordering of selling of wines by retail in taverns , and other places , and for preventing of abuses therein , be it enacted by the kings most excellent majesty , by and with the consent of the lords and commons in parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the five and twentieth day of march one thousand six hundred sixty one , unless he or they be authorised and enabled in manner and form , as in this present act is prescribed and appointed , shall sell or utter by retail , that is by the pint , quart , pottle or gallon , or by any other greater or lesser retail measure , any kinde of wine or wines to be drunk or spent within his or their mansion-house or houses , or other place in his or their tenure or occupation , or without such mansion-house or houses , or such other place in his or their tenure or occupation , by any colour , craft , or mean whatsoever , upon pam to forfeit for every such offence the sum of five pounds ; the one moyety of every such penalty to be to our soveraign lord the king , the other moyety to him or them that will sue for the same , by action of debt , bill , plaint , or information in any of the kings courts of record , in which action or suit ▪ no ess●ign , wager of law or protection shall be allowed . and be it further enacted by the authority aforesaid , that it shall and may be lawful , to and for his majesty , his heirs and successors , from time to time , to issue out under his or their great seal of england , one or more commission or commissions directed to two or more persons , thereby authorizing them to licence , and give authority to such person and persons , as they shall think sit , to sell and utter by retail , all and every or any kinde of wine or wines whatsoever , to be drunk and spent as well within the house or houses , or other place , in the tenure or occupation of the party so licenced , as without , in any city , town , or other place within the kingdom of england , dominion of wales , and town and port of berwick upon twede ; and such persons as from time to time or at any time hereafter shall be by such commission or commissions as aforesaid in that behalf appointed , shall have power and authority , and hereby have power and authority to treat and contract for licence , authority and dispensations to be given and granted to any person or persons for the selling and uttering of wines by retail in any city , town or other place as aforesaid , according to the rules and directions of this present act , and the true intent and meaning thereof , and not otherwise , any law , statute , usage or custome to the contrary in any wise notwithstanding . and be it further enacted by the authority aforesaid , that such persons as shall be commissioned and appointed by his majesty , his heirs or successors as aforesaid shall be , and be called his majesties agents for granting licences for the selling and uttering of wine by retail ; and his majesties said agents are hereby authorized and enabled under their seal of office , the same to be appointed by his majesty , to grant licence for the selling and uttering of wines by retail to any person or persons , and for any time or terme not exceeding one and twenty years , if such person and persons shall so long live ; and for such yearly rent as they can or shall agree , and think fit , so as no fine be taken for the same ; but that the rent and summs of money agreed upon and reserved , be payed and answered half yearly by equal portions during the whole term. and be it further enacted by the authority aforesaid , that such licence shall not be given or granted , but to such who shall personally use the trade of selling or uttering of wines by retail , or to the landlord and owner of the house where the person useing such trade shall sell and utter wine by retail , nor shall the same be assignable nor in any wise beneficial or extensive to indempnifie any person against the penalties of this present act , except the first taker . and be it further enacted by the authority aforesaid , that it shall & may be lawful to and for his majesty , his heirs & successors , to constitute and appoint such and so many other officers and ministers , as a receiver , register , clerk , controller , messenger or the like , for the better carrying on of this service , as he and they shall think fit , so as the sallaries and wages of all such officers to be appointed , together with the sallary or wages of his majesties said . agents do not exceed six pence in the pound of the revenue that shall hence arise . and be it further enacted by the authority aforesaid , that the rents , revenues , and sums of money hence arising , except what shall be allowed for the wages and sallaries of such officers and ministers , which is not to exceed six pence out of every pound thereof , shall be duly and constantly paid and answered into his majesties receipt of exchequer , and shall not be particularly charged or chargeable , either before it be paid into the exchequer or after , with any gift or pension . and his majesties said ▪ agents are hereby enjoyned and required to return into the court of exchequer every michaelmas and easter terms , upon their oaths ( which oaths the barons of the exchequer , or any one of them , are hereby authorized to administer ) a book fairly written , containing a true & full account of what licences have been granted the preceding half year , and what rents and sums of money are thereupon reserved , and have been paid , or are in arrear , together with the securities of the persons so in arrear , to the end due and speedy process may be made out according to the course of the exchequer , for the recovery of the same . provided always , that this act , nor any thing therein contained , shall not in any wise be prejudicial to the priviledge of the two vniversities of the land , or either of them , nor to the chancellors or scholars of the same , or their successors ; but that they may use and enjoy such priviledges as heretofore they have lawfully used and enjoyed , any thing herein to the contrary notwithstanding . provided also ▪ that this act , or any thing therein contained shall not extend or be prejudicial to the master , wardens , freemen and commonalty of the mystery of v●●tners of the city of london , or to any other city or town-corporate but that they may use and enjoy such liberties and priviledges as heretofore they have lawfully used and enjoyed , any thing herein contained to the contrary notwithstanding . provided also , and be it enacted by the authority aforesaid , that this act , or any thing therein contained , shall not in any wise extend to debar or hinder the major and burgesses of the burrough of st. albans in the county of hertford , or their successors , from enjoying , using and exercising of all such liberties , powers and authorities to them heretofore granted by several letters patents under the great seal of england , by queen elizabeth and king james of famous memories , for the erecting , appointing , and licensing of three several wine-taverns within the burrough aforesaid , for and towards the maintenance of the free-school there ; but that the same liberties , powers and authorities shall be , and are hereby established and confirmed , and shall remain and continue in and to the said major and burgesses and their successors , to and for the charitable use aforesaid , and according to the tenor of the letters patents aforesaid , as though this act had never been made , any thing herein contained to the contrary in any wise notwithstanding . provided also , that it shall not , nor may be lawful to or for any officer or officers to be appointed by his majesty for the carrying on of this service , to take , demand , or recei●e any fees , rewards , or summs of money whatsoever , for or in respect of this service , other then five shillings for a licence , four pence for an acquittance , and six pence for a bond , under the ●enalty of ten pounds , one moiety thereof to the kings majesty , the other moiety to the person or persons who shall sue for the same , by action of debt , bill , plaint , or information , wherein no wager of law , essoign or protection shall be allowed , any thing herein , or any other matter or thing to the contrary notwithstanding . and it is hereby further enacted by the authority aforesaid , that no merchant , vintuer , wine-cooper or other person , selling or retailing any wine , shall mingle or utter any spanish wine , mingled with any french wine , or rh●●ish wine , sider , perry , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass ; brimstone , lime , raisins , iuice of raisins , water , nor any other liquor nor ingredients , nor any clary , or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper , or other person selling or retailing any wine , shall mingle or utter any french wines mingled with any rhinish wines or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrop of sugar , molasses , or any syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper or other person selling or retailing any wine , shall mingle or utter any r●inish wine mingled with any french wines , or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever : and that all and every person and persons committing any of the offences aforesaid , shall incur the pains and penalties herein after mentioned : that is to say , every merchant , wine-cooper , or other person selling any sort of wines in gross , mingled or abused as aforesaid , shall forfeit and lose for every such offence , one hundred pounds ; and that every vintner or other person selling any sorts of wine by retail , mingled or abused as aforesaid , shall forfeit and lose for every such offence , the sum of forty pounds ; of which forfeitures , one moyety shall go unto the kings majesty , his heirs and successors , the other moyety to the informer , to be recovered in any court of record by action of debt , bill , plaint or information , wherein no essoigne , protection , or wager of law shall be allowed . provided always , and be it enacted , that from and after the first day of september , one thousand six hundred sixty and one , no canary wines , muskie or alegant , or other spanish or sweet wines , shall be sold or uttered by any person or persons within his majesties kingdom of england , dominion of wales , and town of berwick upon twede , by retail , for above eighteen pence the quart : and that no gascoigne or french wines whatsoever , shall be sold by retail , above eight pence the quart ; and that no rhinish wines whatsoever shall be sold by retail , above twelve pence the quart ; ( and according to these rates , for a greater and lesser quantity , all and every the said wines shall and may be sold ) upon pain and penalty that every such person and persons who shall utter or sell any of the said wines by retail , that is to say , by pint , quart , pottle , or gallon , or any other greater or lesser retail-measure ▪ at any rate exceeding the rates hereby limited , do and shall forfeit for every such pint , quart , pottle , gallon , or other greater or lesser quantity so sold by retail , the sum of five pounds ; the one moyety of which forfeiture shall be to our soveraign lord the king , his heirs and successors , and the other moyety to him or them that will sue for the same , to be recovered in manner and form as aforesaid . provided nevertheless , that it shall and may be lawful to and for the lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them ; and they are hereby authorized yearly and every year between the twentieth day of november , and the last day of december , and no other times , to set the prises of all and every the said wines to be sold by retail as aforesaid , at higher or lower rates then are herein contained , so that they or any of them cause the prises by them set to be written , and open proclamation thereof to be made in the kings court of chancery yearly in the term time , or else in the city , burrough ▪ or towns corporate where any such wines shall be sold ; and that all and every the said wines shall and may be sold by retail at such prises as by them , or any five , four , or three of them shall be set as aforesaid , from time to time , for the space of one whole year , to commence from the first day of february next after the setting thereof , and no longer , and no greater prises under the pains and penalties aforesaid , to be recovered as aforesaid , and afterwards : and in default of such setting of prises by the said lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them , as aforesaid , at the respective rates . and prises set by this act , and under the penalties as aforesaid , to be recovered as aforesaid . anno xii . caroli ii. regis . an act for the levying of the arrears of the twelve moneths assessment commencing the th . of june , and the six moneths assessment commencing the . of december . whereas there are severall great summs of money , yet uncollected and in arrear , and divers summs of money in the hands of the collectors and not payed in , due upon the twelve moneths assessment commencing the twenty fifth of december one thousand six hundred fifty nine , for payment of the arrears of his majesties army now disbanding , and to be disbanded , notwithstanding all former orders , and his majesties proclamation for the speedy levying and collecting thereof . be it therefore enacted by the kings most excellent majestie , and the lords and commons in this present parliament assembled , and by the authority of the same , that the commissioners nominated and appointed in the respective counties , cities and corporations of this kingdome , the dominion of wales , and the town of berwick , in an act made this present parliament for the speedy provision of money for disbanding and paying of the forces of this kingdome both by land and sea , do forthwith cause all the said ▪ arrears to be levied & collected by such wayes and means , as the same was formerly appointed to be levied and collected ; and likewise all such summs of money as remain in any collectors hands to be speedily payed in , to iames nelthorp and iohn lawson esquires late treasurers at war , for and towards the speedy disbanding and paying off the said forces . provided alwayes , that the summe of five hundred and twenty pounds and twelve shillings disbursed by robert quarum receiver generall of the county of cornwall , by the desire and direction of the commissioners of assessments , and other gentlemen of the said county , for the publique service of the kingdome . and also the summe of seventy pounds disbursed by the town of lyme regis in the county of dorset for the same service , shall be and are hereby discharged and allowed unto the said receiver and town of lyme regis , as if the same had been actually payed in to the treasurers appointed to receive the same , any thing in this act to the contrary thereof in any wise notwithstanding . anno xii . caroli ii. regis . an act for granting unto the kings majesty , four hundred and twenty thousand pounds , by an assessement of threescore and ten thousand pounds by the moneth , for six moneths , for disbanding the remainder of the army , and paying off the navy . whereas it was well hoped , that the moneys enacted to be raised by several acts of this parliament , that is to say , one act entituled , an act for the speedy provision of money , for disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for supplying and explaining certain defects in an act , entituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for raising sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , would have effectually sufficed to have compleatly disbanded the armies and paid off the navy ; but by the slow coming in of the same moneys , the growing charge being still kept on , the same cannot be effected without further supply ; and if no further supply should be made , the growing charge would become insupportable : the commons assembled in parliament , do therefore give and grant unto your most excellent majesty , for the uses herein after expressed , and no other , the sum of four hundred and twenty thousand pounds to be raised & levyed in manner following : and do humbly pray your most excellent majesty , that it may be enacted , and be it enacted by the kings most excellent majesty , by , and with the advice and consent of the lords and commons in this present parliament assembled , that the sum of threescore and ten thousand pounds by the moneth , for six moneths , beginning from the first day of january , one thousand six hundred and sixty , shall be assessed , taxed , collected , levyed and paid in the several counties , cities and burroughs , towns and places within england and wales , and the town of berwick upon tweed , according to such rates , rules , and proportions , and by the same commissioners , as in and by a certain act past this parliament , entituled an act for raising of sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , which said commissioners shall meet on , or before the twelfth day of ianuary , one thousand six hundred and sixty , and are hereby enabled to use and execute all and every the like rates ▪ rules , proportions , powers and authorities , as in and by the said act are mentioned and referred unto , or expressed , as fully and amply , as if the same had been particularly inserted in this present act. and be it further enacted , that the sum of two hundred and ten thousand pounds , being one moyety of the six months assessment , hereby imposed , shall be assessed , collected , levyed and paid in to the receiver or receivers general , who shall be appointed by the said commissioners , upon or before the first day of february , one thousand six hundred and sixty . and the other two hundred and ten thousand pounds residue thereof , upon or before the first day of april , one thousand six hundred sixty one . and be it further enacted , that all and every the sums to be collected and levied by vertue of this present act , shall be paid at the guild-hall of the city of london , unto sir george cartwright , sir richard brown lord mayor of the city of london , sir iames bunce , sir william wheeler , sir william vincent , thomas rich esq ; and the chamberlain of the city of london for the time being , who are hereby appointed treasurers for the receipt thereof , and the acquittances of them , or any threé of them , shall be a sufficient discharge for so much as shall be received by vertue of this act , to any person or persons who shal pay in the same . and whereas there is a present necessity of raising of eighty thousand pounds , be it enacted by the authority aforesaid , that if any person or persons of the city of london , or any other place , who hath or have advanced any monies upon the credit of an act of this parliament , entituled , an act for raising sevenscore thousand pounds , for the compleat disbanding of the whole army , and paying off some part of the navy , shall continue the loane of such monies upon the credit of this act , and declare the same under his or their hands , unto the treasurers by this act appointed , before the one and thirtieth day of december , one thousand six hundred and sixty ; and if any other person or persons shall advance one hundred pounds or upwards upon the credit of this act , and before the tenth day of ianuary , one thousand six hundred and sixty , pay the same unto the said treasurers , then every such person and persons so continuing or advancing as aforesaid , shall not only do a very acceptable service , but shall also receive from the said treasurers out of the last one hundred and ten thousand pounds , which shall be received upon the second payment appointed by this act , his and their principal money , with interest , at the rate of ten pounds per cent . per annum , from the time of such declaration and advancement respectively , any law , act or statute to the contrary notwithstanding . and the said treasurers are hereby required to make payment accordingly , and not to receive any more money to be advanced as aforesaid , then what with the money so to be continued will amount to eighty thousand pounds . and be it further enacted , that the treasurers by this act appointed , shall receive for them , and those to be employed under them in this service , one penny in the pound , in such manner as they ought to receive by the act last before mentioned . and be it further enacted , that all and every the sums of money which by vertue of this present act shall be paid to or received by the treasurers aforesaid , shall from time to time be issued out according to such warrants and directions onely , as they or any three of them shall receive from the commissioners named in one act of this present parliament , entituled , an act for the speedy disbanding of the army and garisons of this kingdom , or threé of them , who are hereby required and enjoyned at their perils , to take care and provide , that the moneys so as aforesaid to be issued out , be employed onely to the uses , intents and purposes hereafter following , and to no other use , intent , or purpose whatsoever , that is to say , principally and in the first place , for and towards the total disbanding of the present army and garrisons , until that work be fully perfected and compleated according to such rules and instructions , as touching the disbanding of the army in the said act last mentioned , are contained . and after the army shall be wholly disbanded , then the residue of the moneys to be raised by vertue of this present act , or due , or behinde on any former act , shall be employed for and towards the paying off of the fleét and navy , according to such rules . orders , and instructions , as touching the payment of the navy , are herein after-mentioned , and not otherwise . and be it further enacted , that an accompt of all the moneys by vertue of this act to be received , shall be given by the said treasurers to this or any other succeéding parliament , which shall require the same , or to such person or persons , as by this or any other succeéding parliament shall be thereunto appointed : provided always , and it is hereby declared , that nō mannors , lands , tenements , and hereditaments which were formerly assessed and taxed for and towards former assessments and land-taxes , and are now in the possession or holding of his majesty , or of the queéns highness , or of any ecclesiastical person or persons , or his , her , or their farmers and tenants , shall be exempted from the payment of the several sums of mony in this act comprized ; but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed and taxed for and towards the said several sums of money in this act comprised , in such manner and form as they were of late rated , taxed , and assessed for and towards the said former land-rates , any law , statute or custom to the contrary thereof in any wise notwithstanding . provided also , that nothing herein contained shall be drawn into example to the prejudice of the ancient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named shall be added commissioners for their several counties , places and precincts respectively , and shall exercise the same powers as the other commissioners intended by this act are authorised and impowered to do , that is to say ; berks. for the county of berks , peregrine hobby , richard harrison esqs ; john fecciplace of fernehamesq ; samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard fishburne , gent. bucks . for the county of bucks , william tirringham esq ; sir t●omas hampson baronet , sir philip palmer baronet , anthony ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrel , john bennet esq ; sir anthony cage , levinus bennet . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , rob●rt wivell esquires , richard roundhil gent. william hamond , walte● hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of sprotsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of l●edes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred esqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esq . thoms robinson , thomas scudamore esq . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. m●les hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peck , peter iohnson , thomas manby esq . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesq . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn wynnyattgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas arrasdr . of physick , richard coombes esq . sir robert ioslyn knight , thomas cappin , edward briscoe , iohn halsie esq . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimort iunior , george poyner gent. iohn iesson esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cawley senior , mr. william marston , sir henry connyngsby , edmond smith , alban cox , richard combes esq . thom. marstongent . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william meredeth baronet , sir thomas preise baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fif●esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , r●chard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel p●octor , william thompson , humphrey walcot , thomas mills , maurice dalton , iohn watson , william willoughby , henry heron , marm●duke darrel , iohn ogle , anthony treadway , william skipwich , thomas browne of eastkirby ; iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall , mr. charles bawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benj●min albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bride , thomas harrisonof south-mins , sir vvilliam bareman , lieut. col. powel , charles pitfeild esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esq . vvilliam page esq . roger iennynsesq . sir heneage finch baronet his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestmiuster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknett , thomas kirke , vvill. greene , george farewell , ralph darnall . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of morthampton , edward onely iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john roops , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simons bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir nicholas cole knight and baronet , sir francis bows knight , sir francis anderson knight , sir iohn marley . nottingham . for the county of nottingham , francis sandi●esq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bushop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colelough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridland gent. mawdley samborne , iohn carew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esq ; isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac matham esquire , gardiner web gent. st. edmunds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the town of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcester , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vva●wick , listerof alveston esq . richard bishop of st●atford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the maior of coventry for the time being , h●nry smith alman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames na●er aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , 〈◊〉 rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stra●ford . wilts . for the county of wiltes , waltes buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuell eyre gent. simon spatchurstesq . christopher gardiner gent. mr. francis par●y . sarum . for the city of new sarum , samuel eyre gent. symon spatchurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . brecon . for the county of brecon , william iones , iohn gwyn , henry stedman , edward powell . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price , gent. thomas par●y , reighnold ienkins , iohn bowin , thomas lewis , ●●ector phillips , nic●olas lewis , vvilliam iones , abel g●●ffin , esqs ; vvactkin lloyde , iohn griffith of noyadd , gentlemen ; the major of cardig●mfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyd●of naugwhnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manly esq ; flint . for the county of flint , ken●ick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing of oldbury , david morrice , esqs ; iohn matthews , henry pu●sel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . rules , orders , and instructions for the discharging and paying off the navy , and other debts relating thereunto . i. the commissioners hereby appointed for disbanding of the army , and discharging the navy , shall proceed therein in manner following , viz. first they are to disband the remaining part of the army according to the former rules in that behalf made ; which done , they are then first to discharge and pay off those sixty five ships which are now out of imployment , and of them in the first place , those whose commanders , officers and seamen , have the least pay due to them ; and after them they are to pay off the men aboard those thirty six ships now in his majesties service , who entred on his pay the twenty fourth of june last . ii. that all the commanders , officers and mariners who served in person , and were in service upon any of the sixty five of his majesties ships , on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same , when they shall be thereunto required , and have not since deserted the service , nor been discharged for misdemeanor , shall with all convenient speed have their accompts stated ( by the auditors hereafter appointed ) and thereupon receive all their arreats of their pay from the fourteenth of march one thousand six hundred fifty eight , to the day of their discharge ; and the commanders officers , and mariners of the aforesaid thirty six ships which were in service on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same as aforesaid , and have not deserted the service , shall have their accompts stated as before , and receive their pay from the said fourteenth of march , one thousand six hundred fifty eight , until the twenty fourth of iune , one thousand six hundred and sixty next following . and the commissi●ners appointed by this act , shall upon sight of the accompts so stated as before , cause the send captains , officers and mariners wages , successively to be payed by the treasurers appointed by this act , out of the money which shall come in of the six months assessment , or any other money , heretofore appointed for the paying or disbanding the army , and discharging the navy . and if any further arrears shall be claimed and appear to be due to any such commanders , officers or mariners in service as aforesaid for service at sea , from or after the fourteenth of march , one thousand six hundred fifty seven , and to , or before the fourteenth of march , one thousand six hundred fifty and eight , that in such case the auditors hereby appointed , shall examine all such arrears , and draw up a state thereof to be presented to the next parliament in order to their satisfaction . iii. that no money be paid or allowed to any person before-mentioned for any short allowance of victuals , made or pretended to be made them , either at sea , or in harbor : and if it shall appear , that any money , clothes , goods , wares , or merchandices , have beén paid or sold by any publick minister , officer , or other person , to any commander , officer , or seaman of the aforesaid ships , upon accompt of their pay , since the fourteenth of march , one thousand six hundred fifty eight ; in such case , all the said moneys so paid , and the value of the clothes , goods , wares , and merchandices so sold and delivered within the time of their said service , shall be defaulked out of their pay aforesaid : and the sums so defaulked shall be paid by warrants of the commissioners , charged on the treasurers , unto such person and persons to whom the same of right belongeth , out of the money that shall come in of the six moneths assessment , or any other moneys heretofore appointed for paying or disbanding of the army and navy , in course next after the commanders , officers , and seamen are paid . iv. that after the accompts of the commanders , officers , and seamen are stated , then the auditors shall state the accompts of the ship-keépers : and of all officers on shore in the yards , and store-houses , at deptford , woolwich , chatham , portsmouth , harwich , and other places , to be stated from the fourteenth of march one thousand six hundred fifty eight , to the twenty fourth of june last past ; after the rates accustomed to be paid by his majesty , and according to their several capacities , at which time the said commissioners are to give them warrants , charged upon the treasurers , to pay them their several sums out of the money that shall come into their hands of the six moneths assessment , or any other money heretofore appointed , for paying or disbanding of the army and navy in course next after the common marriners , seamen , commanders , officers , and their servants , are discharged and paid , and the money from them defaulked as before , fully satisfied . v. that the said auditors shall state the accompts of the victuallers from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of the several ships discharge , for as many as are out of employment as before ; and to the twenty fourth day of june , for the remaining part of the navy now in his majesties service in the winter guard , and assign them payment in course on the treasurers before-mentioned , to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other money heretofore appointed for the paying or disbanding of the army and navy , next after the sums formerly ordered are paid . vi. that the auditors shall from the said fourteenth of march , one thousand six hundred fifty eight , state the accompts of all men that shall or may justly claim any money for quarters , and cures of the sick , and wounded seamen ser a shore out of his majesties ships in any town or corporation in this kingdom ; and for the quarters and cures of the sick and wounded soldiers sent over from flanders ; which being so stated , the said commissioners shall assign them their money by warrant on the treasurers , to be paid in course next after the commanders , officers , and marriners aforesaid , and the officers and ship-keépers aforesaid , are paid and satisfied . vii . that if in case any commanders , officers , or marriners , shall have died or beén discharged by ticket out of any the said ships , and their arrears of pay not satisfied : in such case the auditors shall state the accompts of the persons so dead or discharged from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of their death or discharge , according to their several capacities ; and the commissioners shall thereupon give warrants upon the treasurers , by this act appointed for the payment of the sums to them , or their assigns in course , when the commanders and officers of the several ships , to which they did belong at the time of their death or discharge , and the debts for curing the sick and wounded , are satisfied . viii . that the said auditors shall also state the several accompts of all other persons , which can or may justly claim any debt to be due unto him or them , for any provision , maintenance of prisoners , goods , wares , merchandises , stores , ammunition , and other necessaries sold and delivered to any publick minister , to and for the use of the navy aforesaid , from the fourtéenth of march one thousand six hundred fifty eight , to the twenty fourth of iune one thousand six hundred and sixty , and order them payment in course , after the before mentioned sums are paid by assignation on the treasurers to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other mo●eys heretofore appointed for paying or disbanding of the army and navy . ix . that for the better stating the accompts of the commanders , officers , and mariners of the said navy , and the several other accompts before recited , and hereafter mentioned , arthur sprey , william iessop , ralph darnal , samuel atkins , richard kingdon , and bartholomew fillingham esquires , and iohn walker gentleman , shall be and are hereby appointed , constituted , and authorized to audite , and cast up the accompts of the aforesaid commanders , officers , mariners , and all other mens accompts relating to the debt of the said navy as before , and shall respectively before they enter thereon , take an oath in these words following . i do swear , that to the best of my skill and judgment , i shall examine , and truly state all such accompts as shall be committed to my care and trust by the commissioners , for disbanding the army , and discharging the navy , or any three , or more of them ; and shall and will to the best of my knowledge , make true certificates of all such accompts to the said commissioners , or any three of them . so help me god. which said oath , the said commissioners , or any three of them as aforesaid , are hereby authorized to administer accordingly . which accompts so certified by the said auditors , or any two of them , then the said commissioners , or any three of them , shall have power and authority , and are nee●by authorized and impowered to issue out warrants from time to time , to the respective treasurers aforesaid , for the payment of the several sums so audited , and due as aforesaid : which warrants , together with the acquittance of the persons to whom the same is payable thereupon , shall be to the said treasurers respectively a sufficient warrant and discharge . x. that the chief officers of his majesties navy do with all convenient speed deliver unto the commissioners appointed by this act , a perfect list of the names of all the aforesaid ships that are to be discharged , and the places in which they lie ; and the names and sirnames of the commanders , officers , marriners , and common seamen to each ship belonging ; and a particular accompt of the time that every person hath served , and what money or goods every or any one of them hath received . xi . that the pursers and checks of the several ships of the navy , do from time to time when they shall be required thereunto , attend the auditors aforesaid , and deliver unto them a true and perfect accompt of all the commanders , officers , marriners , and seamen belonging to the said ships , and shall produce the original muster-book and pay-books , wherein the names of the said commanders , officers , and sea-men were entered , and give an exact accompt of what arrears is due unto them , and how and in what manner the same becomes due ; the which books and accompts , shall by the said pursers and checks be delivered upon oath , which said oath the commissioners aforesaid , or any thrée of them , are hereby ordered to administer accordingly . xii . that in case any purser shall be found to make any false muster , or shall muster any captain , officer , or mariner by a false name , or make any false ticket , such purser shall forfeit his or their respective wages , and be imprisoned the space of six moneths , and in such case the commissioners appointed by this act , or any two of them , are hereby impowred to commit them to prison accordingly . xiii . that upon discharge of any of the commanders , officers , and mariners of the navy aforesaid ; all the said commanders , officers , and mariners , shall deliver up all their respective ships , guns , masts , sayles , yards , anchors , cables , tackle , apparrel , provisions , ammunition and stores , which are in their possessions , for his majesties use , unto such person or persons , as his majesty , or the lord high admiral of england , shall appoint to receive the same ; and if any commanders , officers , or sea-men , shall refuse to be discharged , or to deliver up the stores aforesaid , or shall be found , upon due proof , to have embezled any part thereof , or do disswade others from being discharged , he or they so offending , shall forfeit all his and their arrears , and be further proceeded against , according to their demerit . xiiii . that the said commissioners , or any thrée of them as aforesaid , shall have power to nominate , appoint , and imploy such clerks , agents , messengers and servants , as shall be necessary for the said work , and to make and give to them such reasonable sallaryes , allowances and satisfactions as they shall think fit ; and also to provide all other necessaries , and to defray all other charges relating to the fame . xv. that the commissioners formerly nominated by the house of commons , and by this act continued and appointed for this service , shall have and receive for their charge and pains in and about this service , one penny in the pound , and no more , out of all such monies as shall be issued by vertue of this act ; and each of the auditors aforesaid shall receive for his pains and charges , in and about this service , the sum of twenty shillings per diem , during the continuance of this service , which the treasurers of the aforesaid monies , are hereby enabled and required to issue and pay accordingly . xvi . that the commissioners shall direct the said treasurers from time to time to grant assignations ( who are hereby required to observe the same ) for such and so many sums of money on the respective receivers or treasurers for raising money by the act aforesaid in the several counties , cities , or places , where they understand any of the said money lies , as the commissioners for disbanding the army and navy , or any threé or more of them as aforesaid , shall direct and appoint to such persons , and in such manner as the said commissioners , or any threé or more of them as aforesaid , shall direct and appoint . xvii . that the commissioners herein named , or any thrée of them , shall and are hereby authorized to call to accompt the present treasurers in this act named : and iames nelthorpe , and iohn lawson esquires , late treasurers at wars , or any other former treasurers , or commissioners of the army , or navy ; for all such sums of money , as they or any of them stand accomptable for , and to certifie the same accompts into his majesties exchequer . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by iohn bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for further supplying and explaining certain defects in an act , intituled , an act for the speedy provision of money for disbanding and paying off the forces of this kingdom , both by land and sea. whereas through some doubts arising upon or by negligence in the execution of one act of this present parliament , intituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea : and also of one other act , intituled , an act for supplying and explaining certain defects in the aforesaid act : the same acts do not answer the ends aforesaid , in such measure as was expected , without some further explanation of the sence thereof , and a review of the several assessments made thereby , so that some persons may not escape without payment at all , or go away at very small proportions , whilst others pay their just and full due . it is therefore enacted and declared by the kings most excellent majesty , by , and with the consent and advice of the lords and commons in parliament assembled , and by the authority of the ●ame , that all and every person and persons of the several ranks , degrées , and qualifications in the said act or acts mentioned , shall contribute and pay the several and respective sums of money therein appointed to be paid ( any pretence of e●emption , being the kings majesties servants , to the contrary notwithstanding : ) and also that every person and persons , ecclesiastical and temporal , bodies politick and corporate , shall pay for their estates , both real and personal , the sum of forty shillings for one hundred pounds per annum , and so proportionably for a greater or lesser estate , and for every hundred pounds personal estate , after the rate of five pounds per annum ; provided it extend not to estates under five pounds per annum . and to the intent the same may be equally and indifferently assessed and taxed , be it further enacted and declared by the authority aforesaid , that the several commissioners in the said act named , or any three of them , within their several and respective counties , limits and precincts , shall have power to nominate and appoint two or more of the most able and discréet persons in every parish , villa● or hamlet , to review the several rates 〈◊〉 ass●ssments that have been made in their several and respective parishes , villages and hamlets . and where they shall finde that by the negligence , or default of any former assessors , any persons or estates have béen under rated , or omitted to be rated , that then they shall rate and assess all such persons and estates , so under-rated or omitted , to the full value they are to be rated and assessed at , either for their degrées , persons , or estates , by this or the former acts to that purpose made in this present parliament , or shall by the appointment at the discretion of the said commissioners make new assessments or rates , and shall return the same or their said additional rates at such places and times as the said commissioners ; or any thrée of them shall appoint . and it is further enacted and declared by the authority aforesaid , that every sworn attorney , or clerk in the office of the clerk of the pipe in the exchequer ; and euery attorney belonging to the office of the lord treas●rers remembrancer , shall pay twenty nobles apéece . and be it further enacted and declared , that every barrester at law , and every other person or persons that hath or have subscribed to any deed or writing wherein he or they have béen written or entituled esquire , or that hath or have acted by vertue of any commission or pretended commission , act , or pretended acts of parliament , wherein they have before the sitting of this parliament , béen written or entituled esquire , shall pay as reputed esquires within the said acts. and to the intent that none that have or shall pay his or their due proportions . that he or they ought to pay in respect of his or their quality or degrée , may be doubly charged , every person that hath or shall pay his full proportion for his or her degrée , and quality , the same excéeding the proportion of his or her estate , real and personal , shall by certificate under the hands and seals of 〈◊〉 or more of the commissioners within the same county or precinets where such sum hath o● shall be paid , be discharged from further payment for his or her estate , so that it be particularly expressed in every such certificates where such estate lieth , and the several and respective values thereof ; so that it may appear , that his or her proportion for his or her degrée or quality doth exceed that of his or her estate ; and also where any person or persons , bodies politick or corporate , have paid , or shall pay for his , her , or their estate , in one or more counties , he or they shall by like certificate or certificates be discharged in other places for so much and such values specially mentioned to be paid in the said certificates , and no more . and be it enacted and declared by the authority aforesaid , that the said commissioners or any threé or more of them within their several precincts , shall and may have power to inquire of , hear and determine all abuses , neglects , and misdoings of all and every the assessors and collectors to be imployed by vertue of this or the said precedent acts ; and shall have power to impose any fine or fines upon them or any of them , whom they shall be well informed ( by the oath of two or more credible witnesses , which oath they or any two of them are hereby impowred to administer ) to offend from and after the twentieth day of december , one thousand six hundred and sixty , in not performing their duties in their respective employments . provided , that no such fine shall excéed the sum of five pounds for one offence ; and that such commissioners who shall set or impose such ●ine or ●ines , shall have full power by warrant under their hands and seals , to command the several constables or tythingmen , which in the several and respective places where such person or persons have their habitation or above , upon whom such fine or fines is or are imposed , to levy the same by distress upon the goods of such person or persons refusing to pay the same , and to return the overplus thereof ( if any be ) deducting also reasonable charges for taking such distress , to the owner or owners of such goods ; and every such fine shall be imployed to the same purposes as the moneys raised by the said former acts are appointed : and also in case no distress can be found or had for satisfying such fine , and in case no distress can be taken by the collectors or other officers appointed to distrain , for the taxes or assessments by vertue of the said former act or acts , that in every such default , upon complaint to the said commissioners , or any threé of them , within their several and respective limits , the said commissioners , or any thrée of them , shall have full power and authority to cause every such person from whom no distress can be had , to be committed to the next common gaol , there to remain until he hath fully satisfied and paid such sum or sums of money , which ought to be charged upon him , by vertue of this and the said former acts , without bail or main-prize . and be it further enacted and declared , that the commissioners of every county and place respectively shall make up a true accompt of the sums onely of every hundred , lath , wapentake or ward , rated and assessed by the said former acts , together with the additional sums that shall be rated by vertue of this present act severally within their several counties , limits , and precincts , without naming the particular persons or estates , and shall shew what hath been paid thereof , and to what person and persons and what hath been discharged by such certificates as are appointed by this act , and what is in arrear and upaid , and shall return the same unto his majesties court of exchequer , before the second day of march next ; and in so doing they shall not be compelled to make or return any other accompt , duplicate , or certificate . and it is further enacted and declared . that the true and full yearly value of all lands , tenements , rents , tithes , and other hereditaments , shall be rated and assessed in manner aforesaid , in the several parishes , villages , or hamlets , where the same are scituate , lying , or arising . and be it further declared , that every sum charged upon , and paid by any person , by vertue of the said former acts or either of them , by reason of estate , degrée , or quality , shall be allowed and deducted out of such further charge , as shall be imposed upon him or her , by vertue of this present act. lastly , it is enacted and declared , that whosoever is sued at law for any act done , or to be done in the due execution of this or either of the said former acts , he may plead the general issue , and give the special matter in evidence : and if the plaintiff be nonsuit , or a verdict pass against any such plaintiff or plaintiffs in any such action , the defendant shall and may recover his double costs . provided always , and be it enacted , that this act or any thing therein contained , shall not extend to any peer of this realm , in point of assessment imprisonment , distress , or otherwise , provision being made in the said first recited act , for the assessing of the said péers , by certain péers , who are therein named and appointed in that behalf . and be it further enacted , that the lord chancellor , the lord treasurer , the lord steward of his majesties houshold , lord chamberlain of his majesties houshold , the earl of northampton , lord howard of charleton , the lord roberts , the lord grey of wark , the lord craven , the lord mohun , and the lord hatton , be added to the péers named in the said first recited act for the assessing of the péers , according to the said recited act : which said lords commissioners , or any five of them , in this and the former act named , shall have power to assess , levy , and collect ; and shall assess , levy , and collect , all such sums of money as shall be assessed according to the tenor of this and the former act , upon such péers who have not paid proportionably to their estates . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places , and precincts respectively , and shall exercise the same power as if they had béen named in the said former acts , or either of them . berks. for the county of berks , perigrine hobby , richard harrison esqs . iohn fettiplace , of fernhamesq . burrough of new windsor . andrew plumton gent. richard fishborne gent. bucks . for the county of bucks , sir thomas hampson baronet , sir phillip palmer baronet , anthony ra●cliffe esq . cambridge . for the county of cambridge , sir thomas dayrell , iohn bennet esq . sir anthony cage , levinus bennett . for the isle of ely. for the isle of ely , roger jennings , esq . chester . for the county of chester , sir george warberton baronet , edward warren esq . jeffery shakerly esq . henry lee esq ; city of chester . for the city and county of the city of chester , the major for the time being . cornwall . for the county of cornwall , robert roberts , esq . sir william thredinham , jo●eph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. cumberland . for the county of cumberland , anthony bouch , richard ●urial , thomas croswhat , robert vvebster . devon. for the county of devon , nicholas daviesdoctor of physick , vvilliam jennins gent. edmond tremaine , vvilliam putt , iohn kellond , vvilliam bogan , george howard , iohn kelley , vvilliam kelley , iames rodd esqs . york . for the west riding in the county of york , vvestbury norcon esq . robert vvivell esq . richard roundhill gent. vvilliam hamond esq . vvalter hawkesworth , esq . cutbert vvade . iohn ●reston gent. arthur ingram esq , edward atkin●● , vvilliam vvitham gent. samuel sonder●●nd , esq . thomas vvard gent. sir william ●●gram knight . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley esq . charles tankred , sir william francklyn baronet , the bailiffs of scarborough for the time being , tristram fish , robert belt , esquires , thomas robinson , thomas scudamore esquires . york . for the city and county of the city of york , all the aldermen of the city of york . for the town of kingston upon hull , george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincoll , thomas clapton , thomas peek , peter iohnson , thomas manby esqs . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel shepard , phillip shepard , vvilliam morgan , richard daston , iohn took●esqs . robert lord tracy . hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. arras dr. of physick , richard combes esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , henry conningsby , edmond smith , alban cox , richard combes esq . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirce baronet , mr. richard manley , mr. thomas manley . sandwich . for sandwich , iohn verrier , peter peake gent. lancaster . for the county of lancaster , henry banister esq . ieoffry rushton gent. richard fleetwood gent. iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stoughton of the city of london , alderman . lincoln . for the parts of linsey in the county of lincolne , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight . great grimsby . for great grim●by , william draper , samuel proctor . for the parts of kestivan , william thompson , humphrey walcot . london . for the city of london , nicholas delves esq . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mims , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger genningsesq . richard meney . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknet , thomas ki●ke , william greene , george farewell , ralph darnell . northampton . for the county of northampton edward onely , iohn thornton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john ripps , mr. thomas talbot , mr. henry black-borne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell. great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas medow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , mr. robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley . nottingham . for the town of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridlandgent . mawdley samborne , iohn carew , roger newborough , iames haise , esquires . the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam cole . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esqs ; isle of wight . for the isle of vvight , thomas bowreman esq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple knight , earle of ancram , henry capel . dalinahey esq . iohn farewell , doctor windebanck . for the town of rye . samuel bembrigg , iames vvelsh , thomas osmonton . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the time being , henry smith alderman . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esquires . wilts . for the county of wilts , waltor buckland , thomas mompesson , william caley esqs . m●tthew rayman gent. tho. hunt gent. robert challoner , robert nicholas of alcainings , william broomwichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner esq . anglesey . for the isle of anglesey , robert , lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of ymshen , maurice vaughan , iohn price gentmen . carnarvan . for the county of carnarvan , griffith bodurda , john lloyde of na●gwnnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvan , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis weanly esq ; flint . for the county of flint , kenrick eaton , esq ; mountgomery . for the county of mountgomery , haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the raising of seventy thousand pounds for the further supply of his majesty . the commons assembled in parliament do give and grant unto your most excellent majesty , the sum of seventy thousand pounds to be raised and levyed in manner following , and do pray your majesty , that it may be enacted , & be it enacted by your most excellent majesty , by & with the advice & consent of the lords and commons in parliament assembled , that the sum of threescore and ten thousand pounds , for one month only , beginning from the first day of iuly , one thousand six hundred sixty and one , shall be assessed , taxed , collected , levied and paid in the several counties , cities , burroughs , towns , and places within england and wales , and the town of berwick upon tweede , according to the several rates , rules , and proportions , and in such manner and form , and by the same commissioners , as in and by a certain other act , passed this parliament , for raising the like sum of seventy thonsand pounds for one month only , beginning from the twenty ninth of september , one thousand six hundred and sixty , entituled an act for the speedy raising of seventy thousand pounds for the present supply of his majesty , are mentioned or referred unto and intended , which commissioners shall meet-upon or before the fifth day of iuly , one thousand six hundred sixty and one , and are hereby enabled and required to use and execute all and every the like powers and authorities , as in and by the said act are mentioned , or referred to , and intended as fully and amply , as if the same rates , rules , proportions , powers and authorities had been particularly inserted in this present act. and be it further enacted , by the authority aforesaid , that all and every the sums of money charged by this act , upon the several counties , cities , towns , burroughs and places aforesaid , shall be raised , levied , and paid into his majesties receipt of the exchequer , upon or before the first day of august , one thousand six hundred sixty one , by the several receive general , who shall be appointed by the said commissioners ; provided always , and it is hereby declared , that no mannors , lands , tenements and hereditaments , which were formerly assessed and taxed for and towards former assessments , and land-taxes , and are now in the possession or holding of his majesty , or of the queens highness , or of any ecclesiastical person or persons , or his , or their farmers and tenants , shall be exempted from the payment of the several sums of money in this act comprized , but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed , and taxed for and towards the said several sums of money in this act comprized , in such manner and form as they were of late rated , taxed , and assessed for and toward the said former land-rates , any law , statute or custome to the contrary thereof , in any wise notwithstanding . provided always , that neither this act , nor any thing therein-contained , shall be drawn into example to the prejudice of the antient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places and precincts respectvely , and shall exercise the same powers as the other commissioners intended by this act , are authorized and impowred to do ; that is to say , berks. for the county of berks , peregrine hobby , richard harrison , esqs ; john fettiplace of ferne●amesq ; and samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard firshburne , gent. bucks . for the county of bucks , william tirringham esq ; sir thomas hampson baronet , sir philip palmer baronet , thomas ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrell , john bennet esq ; sir anthony cage , levinus benner . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , robert wivell esquires , richard roundhil gent. william hamond , walter hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of ●p●otsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of leedes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred csqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esqs . tho. robinson , thomas scudamore esqs . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of kingston upon hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peek , peter iohnson , thomas manby esqs . glocester . for the county of glocester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesqs . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn winnyatgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas a●asdr . of physick , richard combes esq . sir robert io●lyn knight , thomas coppin , edward briscoe , iohn halsie esqs . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimott iunior , george poyner gent. iohn iesson esq . sir edward alston knight . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , sir henry conningsby , edmond smith , alban cox , richard combes esq . thom. marsto●gent . kent . for the county of kent , sir willi●m mann , sir edward masters , thomas peake esq . sir tho. god●rey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirse baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , richard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel proctor , william thompson , humphrey walcot , thomas mills , michael dalton , iohn watson , william willoughby , henry heron , marmaduke darrel , iohn ogle , anthony treadway , william skipwith , thomas browne of eastkirby , iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall. mr. charles pawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benjamin albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mins , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger iennynsesq . sir heneage finch baronet , his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. glaham , peter maplesden , george plunknet , thomas kirke , vvill. greene , george farewell , ralph darnell . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of northampton , edward onely , iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doug●ty of hanworth , robert legat , esquires , henry scarborough gent. mr. john kepps , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyley knight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. theftford . for the whole borough and corporation of theftford , the major for the time being , john kendal gent. mr. bourage m●rtin , maurice helton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley , sir nicholas cole knight , and baronet , sir francis bows knight , sir francis anderson knight . nottingham . for the county of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbert esq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn oridland gent. mawdley samborne , iohn c●rew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn peirce , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , ess isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac motham esquire , gardiner web gent. st. edmonds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the county of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcestor , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vvarwick , listerof alveston esq . richard bishop of stratford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the tune being , henry smith alderman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames nailer aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stratford . wilts . for the county of wilts , walter buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. mr. francis parry . sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price gentmen , tho parry , reighnold ienkins , iohn bowin , thomas lewis , hector phillips , nicholas lewis , vvilliam iones , abel griffin , esqs , vvactkin lloyde , iohn 〈◊〉 of noyadd , gentlemen ; the major of cardiganfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyde of nangwimadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manlyesq ; flint . for the county of flint , kenrick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing , david morrice , esqs ; iohn matthews , henry pursel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first . in all humble manner shew unto your most excellent majestie , your majesties most dutifull and loyall subjects the lords and commons in parliament assembled , that the horrid and execrable murther of your majesties royal father , our late most gracious soveraign charles the first , of ever blessed and glorious memory , hath been committed by a party of wretched men , desperately wicked , and hardened in their impiety , who having first plotted and contrived the ruine and destruction of this excellent monarchy , and with it of the true , reformed protestant religion which had been so long protected by it and flourished under it , found it necessary in order to the carrying on of their pernicious and traiterous designs , to throw down all the bullwarks and fences of law , and to subvert the very being and constitution of parliament , that so they might at last make their way open for any further attempts upon the sacred person of his majesty himself ; and that for the more easie effecting thereof , they did first seduce some part of the then army into a compliance , and then kept the rest in subjection to them , partly for hopes of preferment , and chiefly for fear of losing their imployments and arrears ; until by these , and other more odious arts and devices , they had fully strengthened themselves , both in power and faction ; which being done , they did declare against all manner of treaties with the person of the king , even then while a treaty by advice of both houses of parliament was in being , remonstrate against the houses of parliament for such proceedings , seize upon his royal person while the commissioners were returned to the house of parliament with his answer , and when his concessions had been voted a ground for ●eace , seize upon the house of commons , seclude and imprison some members , force out others , and there being left but a small remnant of their own creatures ( not a tenth part of the whole ) did seek to shelter themselves by this weak pretence , under the name and authority of a parliament , and in that name labo●red to prosecute what was yet behinde and unfinished of their long intended treason and con●piracy ; 〈…〉 p●●pose they prepared an ordinance for erecting la w●d●gious and unheard of tribunal , which they called an high court of justices , for t●yal of his majesty ; and having easi● procur●● it to pass in their house of commons , as it then stood moulded , ventured to send it up from thence to the peers then sitting , who totally rejected it ; whereupon their rage and fury increasing , they presume to pass it alone as an act of the commons , and in the name of the commons of england ; and having gained the pretence of law , made by a power of their own making , pursue it with all possible force and cruelty , until at last , upon the thirtieth day of january , one thousand six hundred forty and eight , his sacred majesty was brought unto a scaffold , and there publickly murthered before the gates of his own royal palace ; and because by this horrid action the protestant religion hath received the greatest wound and reproach , and the people of england the most insupportable shame and infamy that it was possible for the enemies of god and the king to bring upon uswhilst the fanatick rage of a few miscreants ( who were as far from being true protestants , as they were from being true subjects ) stands imputed by our adversaries to the whole nation : we therefore your majesties said dutiful and loyal subjects , the lords and commons in parliament assembled , do hereby renounce , abominate , and protest against that impious fact , the execrable murther , and most unparallel● treason committed against the sacred person and life of our said late soveraign , your majesties most royal father , and all proceedings tending thereunto : and do beseech your most excellent majesty that it may be declared , and be it hereby declared , that by the undoubted and fundamental laws of this kingdom , neither the peers of this realm , nor the commons , nor both together in parliament , or out of parliament , nor the people collectively or presentatively , nor any other persons whatsoever ever had , have , hath , or ought to have any coercive power over the persons of the kings of this realm ; and for the better vindication of our selves to posterity , and as a lasting monument of our otherwise inexpressible detestation and abhorrency of this vilanous and abominable fact , we do further beseech your most excellent majesty , that it may be enacted , and be it hereby enacted by the kings most excellent majesty , by and with the advice and consent of the lords and commons in this present parliament assembled , that every thirtieth day of january , unless it falls out to be upon the lords day , and then the day next following , shall be for ever hereafter set apart to be kept and observed in all the churches and chappels of these your majesties kingdoms of england and ireland , dominion of wales , and town of berwick upon twede , and the iues of jersey and guernsey , and all other your majesties dominions , as an anniversary day of fasting and humiliation , to implore the mercy of god , that neither the guilt of that sacred and innocent ●●oud , one those other sins by which god was provoked to deliver up both us and our king into the hands of cruel and unreasonable men , may at any time hereafter be visited upon us or our posterity . and whereas oliver cromwel deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , john l●sle , william say , sir hardress waller , valentine wauton , thomas harrison , edward whally , william heveningham , isaac pennington , henry martin , john barkstead , gilbert millington , edmond ludlow , sir michael livesey , robert tichborne , owen rowe , robert lilborne , adrian scroop , john okey , john h●wson , william goffe , cornelius holland , thomas challoner , john carew , carew , john jones , miles corbet , henry smith , gregory clement , thomas wogan , edmond harvy , thomas scot , william cawley , john downes , nicholas love , vincent potter , augustine garland , john dixwell , george fleetwood , simon meyne , james temple , peter temple , daniel blagrave , thomas waite , john cooke , andrew broughton , edward dendy , william hewlet , hugh peters , francis hacker , daniel axtel , are notoriously known to have been wicked and active instruments in the prosecution and compassing that trayterous murther of his late majesty , for which the said sir hardress waller , thomas harrison , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , adrian scroop , john carew , john jones , henry smith , gregory clement , edmond harvy , thomas scot , john downes , vincent potter , augustine garland , george fleetwood , simon meyne , james temple , peter temple , thomas waite , john cook , william hewlet , hugh peters , francis hacker , and daniel axtell , have already received their tryal at law , and by verdict , or their own confession , have been convicted , and by iudgement of law thereupon had , do now stand duely and legally attainted ; of whom , ten persons , that is to say , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , john cook , hugh peters , francis hacker , and daniel axtell , have most deservedly suffered the pains of death , and been executed according to law ; and the said john lisle , william say , valenti●e wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , miles corbet , william cawley , nicholas love , john dixwell , daniel blagrave , andrew broughton , and edward dendy , are fled from iustice ; not daring to abide a legal tryal : may it therefore please your maiesty that it may be enacted , and be it enacted by authority of this present parliament , that the said oliver cromwell deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , shall by vertue of this act , be adjudged to be convicted and attainted of high treason , to all intents and purposes , as if they , and every of them respectively had been attainted in their lives : and also that john lisle , william say , valentine wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawley , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , and every of them , stand and be adjudged , and by authority of this present act convicted and attainted of high treason ; and that all and every the mannors , messnages , lands , tenements , rents , reversions , remainders , possessions , rights , conditions , interests , offices , fees , annuities , and all other the hereditaments , leases for years , chattels real , and other things of that nature , whatsoever they be , of them the said oliver cromwell , henry ireton , john bradshaw , thomas pride , john lisle , william say , valentine w●uton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs ▪ vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , which they , or any of them , or any other person or persons , to their or any of their uses , or in trust for them , or any of them , had the five and twentieth day of march , in the year of our lord , one thousand six hundred forty and six , or at any time since , shall stand and be forfeited unto your majesty , your heirs and successors , and shall be deemed , vested , and adjudged to be in the actual and real possession of your majesty , without any office or inquisition thereof hereafter to be taken or found : and also , that all and every the goods , debts , and other the chattels personal whatsoever , of them the said oliver cromwell , henry ireton , iohn bradshaw , thomas pride , whereof at the time of their respective deaths , they , or any of them , or any other in trust for them or any of them , stood possessed in law or equity , and all the goods , debts , and other the chattels personal whatsoever of them the said iohn lisle , william say , valentine wauton , edward whalley , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , andrew broughton , edward dendy , thomas harrison , adrian scroope , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs , vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , whereof upon the eleventh day of february , one thousand six hundred fifty nine , they or any of them , or any other in trust for them or any of them , stood possessed either in law or equity , shall be deemed and adjudged to be forfeited unto , and are hereby vested , and put into the actual and real possession of your majesty , without any further office or inquisition thereof hereafter to be taken or found . provided always , and be it enacted by the authority aforesaid , that no conveyance , assurance , grant , bargain , sale , charge , lease , assignment of lease , grants and surrenders by copy of court-roll , estate , interest , trust , or limitation of any vse or vses of or out of any manors , lands , tenements , or hereditaments , not being the lands nor hereditaments of the late king , queen or prince , or of any archbishops , bishops , deans , deans and chapters , nor being lands or hereditaments sold or given for the delinquency , or pretended delinquency of any person or persons whatsoever , by vertue or pretext of any act , order , ordinance , or reputed act , order or ordinance since the first day of ianuary , one thousand six hundred forty and one , nor any statute , iudgement or recognizance , had , made , acknowledged or suffered to any person or persons , bodies politick or corporate , before the twenty ninth day of september , one thousand six hundred fifty nine , by any of the offenders before in this act ▪ mentioned , or their heirs , or by any other person or persons claiming by , from , or under them or any of them , other then the wife or wives , childe or children , heir or heirs of such person or persons , or any of them , for money bona fide , to them or any of them paid or lent , nor any conveyance , assurance , grant or estate made before the twenty fifth of april one thousand six hundred and sixty , by any person or persons to any of the offenders aforesaid in trust ; and for the benefit of any other person or persons not being any of the offenders aforesaid , or in trust for any bodies politick or corporate , shall be impeached , defeated , made void or frustrated hereby , or by any of the convictions and attainders aforesaid ; but that the same shall be held and enjoyed by the purchasers , grantees , lessees , assigns , cestuy que usu , cestuy que trust , and every of them , their heirs , executors , administrators and assigns respectively , as if this act had not been made , and as if the said offenders had not been by this act , or by any other course or proceedings of law convicted or attainted ; so as the said conveyances , and all and every the grants and assurances which by vertue of this act , are , and ought to be held and enjoyed as aforesaid , shall before the first of ianuary , which shall be in the year of our lord , one thousand six hundred sixty and two , be entred and enrolled of record in his majesties court of exchequer , and not otherwise ; any thing in this act herein before contained to the contrary in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all and singular the mannors , lands , tenements and hereditaments , which at any time heretofore were the lands and possessions of henry late marquess of worcester , and edward now marquess of worcester , and henry lord herbert , son and heir apparent of the said edward marquess of worcester , or any of them ; whereof or wherein the said oliver cromwell , or any other person or persons in trust for him , or to his use , or any other the persons attainted by this act , or otherwise , or any person or persons in trust for them or any of them , had or claimed , or pretended to have any estate , right , title , possession or interest , at any time before or since the decease of the said oliver cromwell , shall be , and hereby are vested and setled in , and shall be held and enjoyed by the said marquess of vvorcester , and the said henry lord herbert , in such manner and form , and for such estate and estates , with such powers and priviledges as they formerly had in the same respectively ; any thing in this present act contained , or any act , conveyance or assurance heretofore made or acknowledged by the said edward marquess of vvorcester , and henry lord herbert or either of them , unto the said oliver cromwell , or any other person or persons in trust for , or to the use of the said oliver cromwell , or any act or conveyance made or done by the said oliver cromwell , or by any in trust for him , to any person whatsoever , to the contrary notwithstanding . saving always to all and every person and persons , bodies politick and others , their respective heirs , successors , executors and administrators , all such right , title and interest in law and equity , which they or any of them have or ought to have , of , into , or out of any the premisses , not being in trust for any the said offenders , nor derived by , from or under the said offenders , since the twenty fifth day of march , which was in the year of our lord , one thousand six hundred forty six ; and that they the said person and persons , bodies politick , and other their respective heirs , successors , executors and administrators , and every of them , in all and every such case where his and their entry was lawful , upon such offender or offenders , or the heirs or assigns of such offender or offenders , in or upon the said twenty fifth day of march , one thousand six hundred forty and six , or at any time since , may without petition , monstrans de droyt , onster le maine , or other suit to his majesty , enter on the premisses in his majesties possession , or in the possession of his successors and patentees , their heirs or assigns , in such manner to all intents , as he or they might have done on the possession of the said offenders , their heirs or assigns , in or upon the said twenty fifth day of march , or at any time since ; any thing in this act to the contrary in any wise notwithstanding . provided also , that all and every person and persons which have received any of the rents or mean profits , of , in , or out of any the lands , tenements and hereditaments , chattels real , or possessions of any the offender or offenders in this act mentioned , before the eleventh day of february , one thousand six hundred fifty and nine , and have paid or accounted for the same before the said eleventh day of february , one thousand six hundred fifty and nine , unto the said offender or offenders , or their assigns , or to any claiming from or under them , shall be clearly and for ever acquitted and discharged of and from the same , against the kings majesty , his heirs and successors , any thing herein contained to the contrary notwithstanding . provided always , that it shall and may be lawful to and for richard ingoldsby to retain and keep , or otherwise to sell and dispose all and singular the goods and chattels formerly belonging to sir hardress waller , in the kingdom of ireland , until two thousand pounds , for which the said richard ingoldsby in the year one thousand six hundred fifty eight , stood joyntly bound with the said six hardress waller , unto iames brooks of the city of york , alderman , and was then counter-secured by a iudgement upon his lands , and since by a deed of bargain and sale of the said goods and chattels in ireland , be fully paid , together with the interest thereof ; he the said richard ingoldsby accounting for , and paying the full overplus thereof , if any shall be , unto our soveraign lord the king ; any thing herein before contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for confirmation of leases and grants from colledges and hospitals . whereas since the beginning of the late troubles , divers masters , provosts , presidents , wardens , governours , rectors , principals , and other heads , fellows , and scholars of colledges , halls , or houses of learning , in either of the vniversities of oxford and cambridge , and the dean , canons and prevends of the cathedral or collegiat church or colledge of christ-church in the vniversity of oxford , and provest , warden , or other head-officer , and fellows or scholars of the ●olledges of eaton and winchester , and masters and governors , brethren , brothers and sisters of divers hospitals have been amoved ejected or sequestred by the lords and commons assem●led in parliament , or by certain visitors by them appointed , or by some conventions sitting at westminster under the name or stile of a parliament , or by some authority or pretence of authority derived from them or the late pretended and usurped powers , stiled keepers of the liberty of e●gland by authority of parliament , or protectors of the common-wealth of england scotland , and ireland , and the dominion or dominions and territories thereunto belonging . and whereas also after these amotions , ejections or sequestrations , several other persons have been either by election of the said colledges , halls , houses of learning , church or hospitals , or by some of the powers or pretended powers above mentioned placed and substituted in these masterships , headships , fellowships deanary , canories , prebendaries , governorships and other places aforesaid , who have actually exercised the same places and been de facto masters , provosts presidents , wardens , governours , rectors , principals and other heads , fellows , scholars , brethren , brothers and sisters , dean canons or prebends of such respective colledges , halls houses of learning , hospitals , cathedrall church or places , and have made divers grants by copy of court-roll , and leases and licences to let or assign grants and presentations to , and elections of divers persons , re-entries for non-payment of rent or breach of conditions , whereupon divers questions may in time to come arise . for prevention whereof , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the same , that all grants by copy of court-roll , and leases and licences of setting and assigning grants and presentations ; and all elections of heads , masters , fellows , scholars , students and officers of the said ●olledges , halls , church , & houses of learning and hospitals aforesaid , into dead or other places then or since vacant , receipts and acquittances of rents incurred , entries for forfeitures or conditions broken , had made or given since the five and twentieth day of march in the year of our lord one thousand six hundred forty two , and before the five and twentieth day of july in the year of our lord one thousand six hundred and sixty , by any such masters , provosts , presidents , wardens , governors , rectors , principalls and other heads de facto of the said colledges , halls and houses of learning , and fellows , and scholars de facto of the same respectively in either of the said vniversities , or dean and canons or prebends de facto of christ church aforesaid , or master , provost or warden and fellows de facto of the colledges of eaton or winchester , or by such master , warden or governors de facto , or master , warden or governors , brethren brothers or sisters de facto of any hospital , by whatsoever particular name or stile of foundation the said colledges , church , hospitals , masters , governors , fellows , deans and canons , or prebends are stiled , founded , known or incorporated , and all leases granted by the master , warden , brethren , brothers or sisters of any hospitals of the patronage of any bishop , dean , or dean and chapter , and all surrenders to them made to inable such leases , grants and presentations , shall stand and be of the same and no other force and effect , as if the said masters , provosts , presidents , wardens , governors , rectors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers or sisters had been such de jure , and duly and de jure intituled in and to the said colledges , halls , houses of learning , church , hospitals , offices or places respectively , and as if such leases granted by the master & brethren of any hospital of the patronage of any bishop , dean or chapter had been confirmed by the said bishop , dean or chapter ; and that notwithstanding such defect in the said lessors or grantors , & notwithstanding the restitution of any of the persons so ejected , the rents , covenants and conditions contained in such leases and grants shall go in succession , as if such lessors or grantors had been de jure masters , provosts , presidents , wardens , governors , reetors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers and sisters of such colledges , halls , houses of learning , church , hospitals and places respectively ; any former law , custome or statute to the contrary notwithstanding . provided alwayes and be it enacted , that nothing in this acc contained do or shall extend to the confirming or making good of any lease or leases of any parcel or parcels of lands , tenements , pastures , houses , orchards , gardens or barns , or any of the possessions of or belonging to the hospitall of saint john baptist and the evangelist in the town of northhampton , made between the first day of september in the year of our lord one thousand six hundred fifty & five , and the five and twentieth day of july in the year of our lord one thousand six hundred fifty and eight , by the pretended master george g●odman and his co-brethren of the aforesaid hospital , by colour of any pretended grant or patent whatsoever , or notwithstanding the seal of the said hospital or corporation was to them or any of them set or affixed . provided alwayes , that this act or any thing therein contained , shall not extend to make good in law or equity any lease or leases made by simon moore clerk , late master or pretended master of the hospitall of saint oswald in the county of worcester , of any the lands , tenements and hereditaments of or belonging to the said hospital , to richard moore son of the said simon moore , or to any of the children or grand children of the said simon moore , or to any other person or persons in trust or for the use or uses of the said simon moore , or his wife , children or grandchildren , or any or either of them . provided alwayes , that no person or persons shall be confirmed in any mastership , provostship , headship , fellowship , or chaplains place in any colledge or hall in either of the vniversities of oxford or cambridge , or in the colledges of eaton and winchester , that is not ordained minister by bishops or presbyters ( or being ordained , hath since renounced his ordination ) where by the local statutes of the said respective colledges or halls ordination is required . provided alwayes , and be it enacted , that this act shall not extend to confirm any lease or leases of the rectories and parsonages of randall and littlecoates in the county of lincolne , which have long since been in the tenure or occupation of john lord culpeper , as by several leases under the seal of the master and fellows of the colledge of the holy and undivided trinity within the town and vniversity of cambridge of king henry the eights foundation may appear , and are now leased over the head of the said john lord culpeper the antient tenant , to one john west , though according to usage he claimed to renew his lease three years before the expiration thereof at the usual fines or more . but that the said john lord culpeper , his executors or administrators , reimbursing the said new tenant or lessee so much money as hath been really paid to the said colledge for the fine for such lease , they shall be admitted to renew the said lease for the said fine . provided alwayes , that whereas doctor owen late reputed dean , and the chapter of the cathedral church of christ in oxon of the foundation of king henry the eight , by their indenture dated the seventh day of august , in the year of our lord one thousand six hundred fifty seven , did lease and demise unto john arthur clerk , thomas bromefield of london esquire , and laurence marsh of darking in the county of surry esquire , certain tyths and lands parcel of the mannor and parsonage of kirkham in the county of lancast●r , and by several other indentures did lease and demise unto several other persons many other parts and portions of the said parsonage of kirkham ( which had long been in the tenure or occupation of thomas clifton esquire and his ancestors , by severall successive leases under the abbot and covent of vale royal , and the colledge of christ church aforesaid respectively ) for severall terms of years yet unexpired : be it enacted and ordained , that thomas clifton now of litham in the county of lancaster esquire , his executors and administrators , ( paying the several and respective rents reserved unto the said colledge , and securing unto the said john arthur , thomas bromefield , and laurence marsh , or the survivors or survivor of them , or the executors or executor of the survivor of them , for the uses in the said lease expressed and not otherwise , out of the premisses , the yearly summ of four hundred pounds , to be paid half yearly by equall portions , for the terme of eleven years next ensuing , and reimbursing unto the said several other lessees respectively or their respective assigns so much money as was by them respectively and truly paid for their respective fines , ) shall have and enjoy the said several demised premisses for the residue of the said several termes of years yet to come , as if the said several leases made unto them the said john arthur , thomas bromfeild , and laurence marsh , and unto the said severall other persons as aforesaid , had been legally made unto the said thomas clifton by a lawfull deane and chapter , this act or any other thing to the contrary notwithstanding . provided alwayes , that this act or any thing therein contained , shall not extend to confirm the election of any head , fellow , scholar or chaplain of any colledge or hall in either of the vniversities , that upon any other ground besides the want of episcopal ordination , is or was not capable of being elected into such place or places by the statures of the said colledge or hall , into which he or they were chosen . provided also , that this act or any thing therein contained , shal not extend to prejudice the title of any person or persons , who by letters patents under the great seal since the first day of may , and before the twenty sixth of august one thousand six hundred and sixty , have obtained from his majesty any grant of any deanery , headship of any house , rectorshiy of any colledge , canons place , prebendary , fellowship or scholarship within either of the vniversities , or the colledges of eaton , westminster , or winchester ; but that all and every the said grants and letters patents shall be of such , and no other force and effect , as the same should have been if this act had not been made , any thing in this act contained to the contrary notwithstanding . provided also , that this act or any thing therein contained , shall not extend to confirm any lease or estate made by john tombes clerk , of any lands , tenements , or hereditaments , belonging to the hospital of saint katharines in ledbury in the county of hereford , to any of the children of him the said john tombs , or to any other person or persons in trust for him or them , or any of them . provided alwayes , and be it enacted by the authority aforesaid , that neither this act , nor any thing therein contained , shall in any wise extend to confirm , or make good , any lease or leases made by vvilliam lenthal , pretended warden of the house of converts , belonging to the master of the rolls , since the thirtieth day of january , one thousand six hundred forty and two , of any houses or tenements thereto belonging , to the prejudice of john lord culpeper , his successors , lessees , or assigns , the said lord culpeper paying or reimbursing unto the said lessee or lessees of such houses or tenements , such monies as they or any of them have paid , with interest for the same , he or they discounting for the mean profits thereof . provided alwayes , that neither this act , nor any thing therein contained , shall extend to confirm vvilliam hook in the mastership of the kings majesties hospital of the savoy , nor to confirm or make good any lease of any lands or tenements belonging to the said hospital , made between the thirtieth day of january , in the year of our lord one thousand six hundred forty eight , and the first day of june , one thousand six hundred and sixty ; the master of the said hospital for the time being , allowing and reimbursing to all such lessees all such summ or summs of money , as they or any of them paid to the then master of the said hospitall by way of fine , at the time of such lease making , and interest for the same , and the said lessees and every of them disc●unting for the mean profits of the same . provided alwayes , and be it enacted by the authority aforesaid , that this act , or any thing herein contained , shall not extend to confirm or make good any lease or grant made , or mentioned to be made to any person or persons by john owen late dean , and others , canons , or pretended dean and canons of the colledge of christ church in the vniversity of oxford , or by any of them , of any the rectories , tythes , or gleab lands of hampton , wickenford , badsey , aldington , uffenha● , south-littleton , north littleton , and middle littleton , in the county of worcester , heretofore the possessions of henry late marquess of worcester , and dame anne his wife , or either of them , and whereo the said henry was dispossest for his allegiance and loyalty to his late majesty of blessed memory ; but that the executor or administrator of the said henry , shall and may be admitted to renew the leases of the said tythes , for such terme or terms , as the said dean and chapter of christ church are by law enabled to grant the same , the said executors or administrators satisfying and reimbursing to such person or persons , all such summ or summs of money , as he or they have payd for the said lease or leases , by way of fine , with interest for the same , the said person or persons discounting to the said executors or administrators , for the mean profits received thereupon . provided also , that this act , or any thing therein contained , shall not extend to confirm or make good any lease , leases , or estate made by any pretended dean and chapter , master or head of any colledge or hall in either of the vniversities , or of any pretended master or governors of any hospital , which said lease , leases or estate had not been good or effectual in law , had they been made by a lawful dean & chapter , master , head or governor of any colledge , hall or hospital aforesaid ; this act , or any thing herein contained to the contrary notwithstanding . provided also that this act , or any thing therein contained , shall not extend to confirm or make good any leafe or leases of the rectory or parsonage of arrington in the county of cambridge , which hath long been in the tenure and occupation of thomas ●hicheley esq ; and his ancestors , by several successive leases from the master and fellows of trinity colledge in cambridge ; nor shall confirm or make good any lease or leases of the rectory or parsonage of soham in the said county of cambridge , which hath likewise been , and still is in the occupation and possession of the said thomas chicheley , by lease from the master and fellows of pembroke hall in cambridge , but that the said thomas chicheley ( paying and reimbursing the several and respective tenants or lessees , the several and respective sums of money by them severally and respectively paid to the said colledge and hall , for or in the name of any fine or fines , for the making or granting such new lease or leases , with interest , discounting such rents and profits as by them respectively have been taken or received out of the premisses ) shall be restored to his said ancient possessions . and the said colledge and hall respectively shall be enabled to lease the said several rectories and parsonages , with their respective appurtenances , unto the said thomas chicheley ; this act , or any thing herein contained to the contrary thereof in any wise notwithstanding . provided alwayes , that neither this act , nor any thing therein contained , shall extend to restore any person or persons to any headship , fellowship , or scholarship of any colledge or hall , or to any chaplains or 〈◊〉 place , in any colledge or hall , in 〈…〉 the vniversities , or to any lecture or readers place , that is or shall be before the first day of january , one thousand six hundred and sixty , eiected out of their respective headship , fellowship , scholarship , chaplain or clerks-place , or out of any lecture in the said vniversities , by his majesties commissioners under the great seal , for not having been legally and according to the severall statutes of the said respective severall places nominated , elected or admitted in or to the same ; any thing in this act contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for prohibiting the exportation of wooll , woolfels , fullers earth , or any kind of scouring earth . for the better preventing and avoiding of such losses and inconveniencies as have happened , and daily do and may happen to the kingdome of england , and dominion of wales , and to the kingdome of ireland by and through the secret and subtile exportation and transportation , and by and through the secret and subtle carrying and conveighing away of wooll , woolfells , mortlings , sherlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , out of and from the kingdome and dominion aforesaid , and for the better setting on work the poor people and inhabitants of the kingdomes and dominion aforesaid . and to the intent that the full and best use and benefit of the principal native commodities of the same kingdomes and dominion may come , redound , and be unto and amongst the subjects and inhabitants of the same , and not unto or amongst the subjects and inhabitants of the realm of scotland , or of any foreign realms or states , as the same now of late in some great measure hath done , and is further likely to do , if some severer punishment then heretofore be not speedily inflicted upon such offenders , as shall be actors or assistants in and to such exportation and transportation , and in and to such carrying and conveying away thereof as aforesaid ; be it enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the fourteenth day of january one thousand six hundred and threescore , shall directly or indirectly , export , transport , carry or convey , or cause or procure to be exported , transported , carried or conveyed out of , or from the kingdome of england , or dominion of wales , or town of barwick upon ●wede , or out of or from the isles of jersey or guernzey , with sarke and alderney , being under the government of guernzey aforesaid , or out of or from any of them , or out of , or from the kingdome of ireland aforesaid , into any parts or places out of the kingdomes , isles or dominion aforesaid , any sheep or wooll whatsoever , of the breed or growth of the kingdomes of england or ireland , or isles or dominion aforesaid ; or any wooll fells , mortlings or shorlings , or any yarn made of wooll , or any woolflocks , or any fullers earth , or any fulling clay whatsoever ; nor shall directly or indirectly pack or load , or cause to be packed or loaded upon any horse , cart , or other carriage , or load , or lay on board , or cause to be loaden or laid on board in any ship or other vessel , in any place or port within the kingdomes of england or ireland , or town of berwick , or isles , or dominion aforesaid , any such sheep , wooll , woolfells , mortlings , shorlings , yarn made of wooll or woollflocks , or any fullers earth or fulling clay , to the intent or purpose to export , transport , carry or convey the same , or to cause the same to be exported , transported , carryed or conveyed out of the kingdomes of england or ireland , town of berwick , isles or dominion aforesaid , or with intent or purpose , that any other person or persons should so export , transport , carry or convey the same into any parts or places out of the kingdomes of england and ireland , town of berwick , isles or dominion aforesaid , into the kingdome of scotland , or any foreign parts . and be it further enacted by the authority aforesaid , that no wooll , woolfells , mortlings , shorlings , yarn made of wooll , woollflocks , or any fullers earth , or fulling clay , shall be from and after the fourteenth day of january , in the year of our lord one thousand six hundred and threescore , exported , transported , carried or conveyed out of the kingdome of england and dominion of wales , or town of berwick , or kingdome of ireland , or out of any port or place of the said kingdomes respectively unto the isles of jersey or guernzey , or to sarke or alderney , except as in this act shall be hereafter limited or appointed . and be it further enacted by the authority aforesaid , that all and every the offender & offenders , offence and offences aforesaid , shall be subject and lyable to the respective pains , penalties and forfeitures hereafter following , that is to say , the said sheep , woolls , woolfels , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , so exported , transported , carryed , conveyed , packed or loaden contrary to the true intent of this act , shall be forfeited , and that every offender and offenders therein shall forfeit twenty shillings for every such sheep , and three shillings for every pound weight of such wooll , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers earth , or fulling clay . and also the owners of the said ships or vessels knowing such offence , shall forfeit all their interest in the said ships or vessels , with all their apparel and furniture to them and every of them belonging . and that the master and mariners thereof , knowing such offence , and wittingly and willingly aiding and assisting thereunto , shall forfeit all their goods and chattels , and have imprisonment for the space of three moneths without bail or main-prise ; the one moiety of which said penalties and forfeitures shall be to the kings majesty , his heirs and successors ; and the other moiety to him that will sue for the same by action of debt , bill , plaint or information in any of his majesties courts of record , or before the iustices of assize , or in the general quarter sessions of the peace : in which suit , no essoyn , protection or wager of law shall be allowed . and be it further enacted , that if any merchant or other person or persons shall after the said fourteenth day of january transport or cause to be transported , any sheep , wool , wool-fels mortlings , shorlings , woollen-yarn , wool-flocks , fullers-earth or fulling-clay , contrary to the true intent of this act , and be thereof lawfully convicted , that then he shall be disabled to require any debt or accompt of any factor or others for or concerning any debt or estate properly belonging to such offendor . provided alwaies and it is nevertheless declared , that this act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former act of parliament now in force . and be it also further enacted by the authority aforesaid , that every offence that shall be done or committed contrary to this act , shall and may be inquired of and heard , examined , tryed and determined in the county where such sheep , wooll , wool-fels , mortlings , shorlings , yarn made of wooll , wool-flocks , fullers-earth , or fulling-clay respectively shall be so packed , loaden , or laid aboard as aforesaid contrary to this act , or else in the county where such offenders shall happen to be apprehended , or arrested for such offence , in such manner and form , and to such effect to all intents and purposes as if the same offence had been wholly and altogether done and committed at and in such county . provided alwaies and be it enacted by the authority aforesaid , that no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid , unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed . and be it further enacted by the authority aforesaid , that it shall and may be lawfull to and for any person or persons to seize , take and challenge to his or their own use and behoof , and to the use of the king , his heirs and successors , all and all manner such sheep , wool , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers-earth and fulling clay , as he or they shall happen to see , finde , know or discover to be laid aboard in any ship or other vessel or boat , or to be brought , carried or laid on shore at or near the sea or any navigable river or water , to the intent or purpose to be exported , transported or conveyed out of the kingdoms of england , or ireland , town of berwick , isles or dominion aforesaid contrary to the true meaning of this act , or to be packed or loaden upon any ●●orse , cart or other carriage , to the intent or purpose to be conveyed or carried into the kingdome of scotland aforesaid ; and that such person or persons as shall happen so to seize , take or challenge any such sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth or fulling clay as aforesaid , shall have the full moiety thereof , to all intents and purposes . provided alwayes , that such person or persons as shall make any such seizure or challenge as aforesaid to his or their own use , shall not be admitted or allowed to give in evidence upon his or their oath or oathes against any person or persons , which shall happen to be indicted , accused or questioned by vertue of this act , or any thing therein contained . and furthermore be it enacted by the authority aforesaid . that all and every ship , vessel , hulke , barge or boat , of what kinde soever , whereof any alien born , or whereof any naturall born subjects not inhabiting within the realm of england , shall be owner or part owner , and wherein any sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , wooll-flocks , fullers earth , or fulling clay shall happen to be shipped , put or laid aboard contrary to the true meaning of this act , shall be forfeited to the kings majestie , his heirs and successors . provided alwayes , that this act shall not extend to any lamd skin ready drest , and prepared fit and usefull for furr or lynings . provided also , that this act shall not in any wise extend to the transporting , carrying or conveying away of any such wool-fells or pelts , with such vvooll upon them , or to any beds stuffed with flocks , which shall be carryed or imployed in any ship or other vessel for necessary use onely , of and about the ordnance or other thing in or concerning such ship or vessel , or onely for the necessary use of any the persons in such ship or vessell , passing or being , and which shall not be sold or uttered in any foreign parts , out of the kingdomes of england or ireland , or town of berwick , istes or dominion aforesaid ; nor to the exporting , transporting , carrying or conveying of any weather-sheep , or of the vvooll growing upon any such vveather-sheep , to be carryed alive in any ship or other vessell , for and towards the onely necessary food or diet , of or for the company or passengers or other persons therein , and for and towards none other purpose . provided alwayes , and be it further enacted , that this act or any thing therein contained shall not extend to any such wooll to be exported or transported out of or from the port of southampton , onely unto the aforesaid isles of jersey and guernzey , by , or for the onely use or behoof of any the inhabitants of the said isles of jersey and guernzey , or either of them , or to any such vvooll to be shipped or loaden aboard in any ship or other vessel , by , or for the only use or behoof of any the inhabitants of the said isles of jersey or guernsey , or either of them in the port aforesaid , to be exported and transported into the said isles of jersey or guernzey or either of them ; so as such person and persons that shall so ship or lay aboard such wooll into any ship or other vessel , do before the shipping or laying aboard such vvooll , deliver unto the customer , comptroller , surveyor or searcher of the port of southampton aforesaid ( out of which the same vvooll is to be exported ) a writing under the seal or seals of the respective governors of the same isles of jersey and guernzey , unto which the said wool is to be transported , or of his or their deputy or deputies respectively , the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the port aforesaid so much wooll , expressing the number of the tods , to the same isle , to be used or manufactured in one of the same isles , or in some of the members or parts of the same , and that such party so authorised and appointed to export or cause to be exported that wool , hath before the making and sealing of that writing , entred sufficient bond to his majesties use for the landing of the said wool in that isle . and to the intent that the quantity of wooll to be exported out of the port of southampton aforesaid into the said isles or either of them in any one year , accompting the year to begin from the first day of january next ensuing , and so yearly from the first day of january , may not exceed the quantity hereunder specified ; that is tosay , unto the isle of jer●ey two thousand tods and no more of unkeamed wool , and unto guernzey one thousand tods and no more of unkeamed wool , and unto alderny two hundred tods and no more of unkeamed wool , and unto sarke one hundred tods of unkeamed wool and no more , every tod not exceeding thirty two pounds . and be it enacted by the authority aforesaid , that the governor of the said isle of jersey or his deputy for whom he will answer , shall not make to any person or persons any writing or writings such as is above specified , to authorise or appoint such person or persons as aforesaid , to fetch , e●port , or transport out of the port of southampton aforesaid unto the said isle of jersey in one year , accompting the year from the first day of january , one thousand six hundred and sixty aforesaid , any greater quantity of vvool then two thousand tods in any one year ; and that the governor of the said isle of guernzey , or his deputy for whom he will answer , shall not make to any person or persons any writing or writings , such as is above specified , to authorise and appoint such person or persons as aforesaid , to fetch , export , or transport out of the port above specified unto the said isles of guernzey , with alderny and sarke , in any one year , accepting the year from the first day of january aforesaid , any greater quantity of vvooll then one thousand tods for guernzey , two hundred todds for alderney , and one hundred todds for sarke in any one year ; and that the customer of the port of southampton aforesaid , shall keep a true accompt of all the said quantity of woolls so by him permitted to be loaden by vertue of this act , and shall not permit any greater quantity of vvoolls to be loaden then by this act is prescribed in any one year to either of the said islands respectively under any pretence whatsoever , upon the penalty of the forfeiture of his place , and the summe of one hundred pounds in money , one moyety whereof to the kings majesty , his heirs and successors , and the other moyety to him or them that will sue for the same in any court of record , wherein no essoyne , protection or wager of law shall be allowed . and if any of the governors aforesaid , or any their or either of their deputy or deputies of the said isles , or either of them , shall give , grant , or make any licence or licences for exporting from southampton aforesaid , into the said isles respectively , of any greater quantity of such vvooll , then is before by the true meaning of this act limitted and appointed in that behalf ; that then the respective governor or governors of such of the said isles , shall forfeit and pay to the kings majesty , his heirs or successors , the summ of twenty pounds of lawful money of ●ngland , for every todd of vvooll which shall be so licenced to be exported , over and above the rate or proportion of vvooll in and by this act , or the true meaning thereof limited or appointed . and be it further enacted by the authority aforesaid , that the respective governors aforesaid , or their respective deputies , or any their clerks , officers or servants , for the granting , making , or sealing of every such writing of licence as is aforesaid , and for the entring a remembrance of the same into some book , which they shall have and keep for that purpose , may have and take the summ of twelve pence , and no more , upon pain of forfeiting to be partie grieved the summ of five shillings for every penny which shall be taken over and above the said summ of twelve pence , in and by this act allowed to be taken , and so after that proportion , the said penalty or forfeiture for the taking above twelve pence as aforesaid , to be recovered by bill , plaint or information in any court of record at westminster or elsewhere , wherein no injunction , protection , priviledge , essoyne or wager of law shall be admitted or allowed . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duodecimo . at the parliament begun at westminster the five and twentieth day or april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for confirmation of marriages . whereas by vertue or colour of certain ordinances , or certain pretended acts or ordinances , divers marriages since the beginning of the late troubles , have bee● had and solemnized in some other manner then hath been formerly used and accustomed : now for the preventing and avoyding of all doubts and questions touching the same , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the ●ame , that all marriages had or solemnized in any of his majesties dominions since the first day of may , in the year of our lord , one thousand six hundred forty and two , before any iustice of peace , or reputed iustice of peace , of england or wales , or other his majesties dominions , and by such iustice or reputed iustice , so pronounced or declared . and all marriages within any of his majesties dominions , since the same first day of may , in the year of our lord , one thousand six hundred forty two , had or solemnized according to the direction or true intent of any act or ordinance , or reputed act or ordinance , of one or both houses of parliament , or of any convention sitting at westminster ; under the name stile or title of a parliament , or assuming that name , stile or title , shall be , and shall be adjudged , esteemed , and taken to be , and to have been of the same and no other force and effect , as if such marriages had been had and solemnized according to the rites and ceremonies established , or used in the church or kingdom of england , any law , custome , or vsage to the contrary thereof notwithstanding . and be it further enacted , that where in any suite commenced or to be commenced in any of the courts of the common law , any issue hath beén joyned , and not already tryed or determined , or shall be joyne● upon the point of bastardy , or lawfulness of marriage , for or concerning the marriages had and solemnized as aforesaid , the same issues shall be tryed by iury of twelve men according to the course of tryal of other issues tryable by iury at the common law , and not otherwise , any law , statute , or vsage to the contrary thereof , in any wise notwithstanding . anno xii . caroli . ii. regis . an act for prohibiting the planting , setting , or sowing of tobacco in england and ireland . your majesties loyal and obedient subjects , the lords and commo●s in this present parliament assembled considering of how great concern and importance it is , that the columes and plantations of this kingdom in america , be defended , protected , maintained , and kept up , and that all due and possible encouragement be given unto them ; and that not onely in regard great and considerable dominions , and countries , have been thereby gained , and added to the imperial crown of this realm ; but for that the strength and welfare of this kingdom do very much depend upon them , in regard of the employment of a very considerable part of its shipping and seamen , and of the vent of very great quantities of its native commodities and manufactures , as also of its supply with several considerable commodities which it was wont formerly to have onely from forraigners , and at far dearer rates : and forasmuch as tobacco is one of the main products of several of those plantations , and upon which their welfare , and subsistence , and the navigation of this kingdom , and vent of its commodities thither , do much depend ; and in regard it is found by experience , that the tobaccoes planted in these parts are not so good , and wholsome for the takers thereof ; and that by the planting thereof your majesty is deprived of a considerable part of your revenue arising by customes upon imported tobacco ; do most humbly pray that it may be enacted by your majesty : and it is hereby enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled , and by the authority of the same : that no person or persons whatsoever shall , or do from and after the first day of january , in the year of our lord , one thousand six hundred and sixty , set , plant , improve to grow , make or cure any tobacco either in seed , plant , or otherwise , in or upon any ground , earth , field , or place , within the kingdom of england , dominion of wales , islands of guernsey or jersey , or town of berwick upon tweed , or in the kingdom of ireland , under the penalty of the forfeiture of all such tobacco , or the value thereof , and of the sum of forty shillings for every , rod or pole of ground to planted , set , or sowen as aforesaid ; and so portionablely for a greater or 〈◊〉 quantity of ground , one moyety thereof to his majesty , his heirs and successors : and the other moyety to him or them that shall sue for the same , to be recovered by bill , plaint , or information in any court of record , wherein no essoign , protection , or wager in law shall be allowed . and it is hereby further enacted , that all sheriffs , iustices of the peace , maiors bailiffs , contrables , and every of them , upon information or complaint made unto them , or any of them , by any the officers of the customes , or by any other person , or persons whatsoever , that there is any tobacco set , sowen , planted , or growing within their iurisdictions , or precincts , contrary to this act , shall within ten days after such information or complaint , cause to be burnt , plucked up , consumed , or utterly destroyed , all such tobacco so set , sowen , planted or growing . and it is hereby further enacted , that in case any person or persons shall resist , or make forcible opposition against any person or persons in the due and through execution of this act , that every such person or persons for every such offence , shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid . and in case any person or persons shall not pay the sums of money , by them to be paid , by vertue of this act , that in every such case , destress shall be made and sale thereof , returning the over-plus to the owners ; and in case no destress be to be found , that then every such party shall be committed to the common gaol in the county where such offence shall be committed , there to remain for the space of two moneths , without bail or main-prize . provided always , and it is hereby enacted , that this act , nor any thing therein contained , shall extend to the hindring of the planting of tobacco in any physick garden of either university , or in any other private garden for physick or chirurgery , onely so as the quantity so planted exceed not one half of one pole in any one place or garden . anno xii . caroli ii. regis . an act for erecting and establishing a post-office . whereas for the maintenance of mutual correspondencies , and prevention of many inconveniences happening by private posts , severall publique post-offices have been heretofore erected for carrying , and recarrying of letters by posts , to , and from all parts and places within england , scotland , and ireland , and severall parts beyond the seas ; the well-ordering whereof , is a matter of general concernment , and of great advantage , as well for preservation of trade and commerce , as otherwise : to the end therefore that the same may be managed so , that speedy and safe dispatches may be had , which is most likely to be effected , by ere●ting one general post-office for that purpose ; be it therefore enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that there be from henceforth one general letter-office erected and established in some convenient place within the city of lond●n , from whence all letters and pacquets whatsoever may be with speed and expedition sent unto any part of the kingdomes of england , scotland , and ireland , or any other of his majesties dominions , or unto any kingdome or countrey beyond the seas , at which said office all returns and answers may be likewise received ; and that one master of the said general letter-office shall be from time to time appointed by the kings majesty , his heirs , and successors , to be made or constituted by letters patents under the great seal of england , by the name and style of his majesties post-master generall ; which said master of the said office , and his deputy , and deputies by him thereunto sufficiently authorised , and his and their servants , and agents ; and no other person or persons whatsoever , shall from time to time have the receiving , taking up , ordering , dispatching , sending post or with speed , and delivering of all letters & pacquets whatsoever , which shall from time to time be sent to and from all and every the parts and places of england , scotland , and ireland , and other his majesties dominions , and to and from all and every the kingdomes and countreys beyond the seas , where he shall settle or cause to be setled posts or running messengers for that purpose . except such letters as shall be sent by coaches , common known carryers of goods by carts , waggons , or packhorses , and shall be carried along with their carts , waggons , and packhorses respectively ; and except letters of merchants and masters which shall be sent by any masters of any ships , barques , or other vessel of merchandize , or by any other person imployed by them for the carriage of such letters aforesaid , according to the respective directions ; and also except letters to be sent by any private friend or friends in their wayes of journey or travel , or by any messenger or messengers sent on purpose , for or concerning the private affairs of any person or persons : and also except messengers who carry and recarry commissions or the return thereof , affidavits , writs , process , or proceedings , or the returnes thereof , issuing out of any court. and be it furtther enacted by the authority aforesaid , that such postmaster generall for the time being , as shall from time to time be made and constituted by his majesty , his heirs and successors , and the respective deputies , or substitutes of such post-master general , and no other person or persons whatsoever , shall prepare , and provide horses and furniture to let to hire unto all through-posts , and persons riding in post by commission , or without , to and from all and every the parts and places of england , scotland and ireland , where any post-roads are , or shall be setled and established . and be it further enacted by the authority aforesaid , that it shall and may be lawful to and for such post-master general to be constituted and appointed as aforesaid , and his deputy or deputies by him thereunto sufficiently authorized , to demand , have , receive and take for the portage and conveyance of all such letters which he shall so convey , carry , or send post as aforesaid , and for the providing and furnishing horses for through-posts , or persons riding in post as aforesaid , according to the several rates and summs of lawful english money hereafter mentioned , not to exceed the same ( that is to say ) for the port of every letter not exceeding one sheet , to or from any place not exceeding fourscore english miles distant from the place where such letter shall be received , two pence ; and for the like port of every letter not exceeding two sheets , four pence ; and for the like port of every pacquet of letters proportionably unto the said rates ; and for the like port of every pa●quet of writs , deeds , and other things after the rate of eight pence for every ounce weight ; and for the port of every letter not exceeding one sheet , above the distance of fourscore english miles from the place where the same shall be received , three pence ; and for the like port of a letter , not exceeding two sheets , six pence ; and proportionably to the same rates , for the like port of all pacquets of letters , and for the like port of every other pacquet of writs , deeds , or other things , after the rate of twelve pence of english money for every ounce weight ; and for the port of every letter not exceeding one sheet , from london unto the town of berwick , or from thence to the city of london , three pence of english money ; and for the like port of every letter not exceeding two sheets , sir pence ; and proportionably unto the same rates , for every pacquet of letters , and for every other pacquet of greater bulk , one shilling and six pence for every ounce weight ; and for the port of such letters and pacquets as shall be conveyed or carried from the town of berwick unto any place or places within forty english miles distance from berwick , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence ; and proportionably to the same rates for every pacquet of letters , and for every other pacquet or parcel , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be conveyed or carryed a further distance then forty english miles , four pence ; and for the like port of every double letter , eight pence : and proportionably unto the same rates for the like port of every pacquet of letters , and for the like port of every other pacquet , one shilling for every ounce weight ; and for the port of every letter not exceeding one sheet from england unto the city of dublin in ireland , or from the city of dublin in ireland unto england , six pence of english money ; and for the like port of every letter not exceeding two sheets one shilling , and proportionably to the same rates for every pacquet of letters ; and for the port of every other pacquet of any kind of greater bulk , two shillings for every ounce weight ; and for the port of such letters or pacquets as shall be conveyed or carryed from the city of dublin , unto any other place or places within the kingdme of ireland , or from any other place unto the said city , or to , or from any other place within the said kingdome , according to the rates , and summs of english money hereafter following , viz. for every letter not exceeding one sheet , to or from any place within forty english miles distance from dublin , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence , and proportionably to the same rates for every pacquet of letters , and for every other pacquet of greater bulk , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be carryed or conveyed a further distance then forty english miles , four pence ; and for the like port of every letter not exceeding two sheets , eight pence ; and proportionably unto the same rates for the like port of every pacquets of letters , and for the like port of every other pacquets of greater bulk , one shilling for every ounce weight ; and for all and every the letters , pacquets , & parcels of goods that shall be carried or conveyed to , or from any of his majesties said dominious , to or from any other parts or places beyond the seas , according to the severall and respective rates , that now are , and have been taken for letters , pacquets , and parcels so conveyed , being rated either by the letter , or by the ounce weight , that is to say ,     d morlaix , saint maloes , caen , newhaven , and places of like distance , port paid to roan is for single vi double xii treble xviii ounce xviii     d hamburgh , cullen , frankfort , port paid to antwerp is single viii double xvi treble xxiv ounce xxiv     s d venice , geneva , legorne , rome , naples , messina , and all other parts of italy , by way of venice , franct pro mantua single o ix double i vi treble ii iii ounce ii viii     s d marcelia , smerna , constantinople , aleppo , and all parts of turkie , port paid to marcelia single i o double ii o . q ●● . of an ounce ii ix ounce iii ix     s d genoua , legorn , rome , and other parts of italy , by way of lyons , franct pro lyons single i o double ii o q ●● . of an ounce ii ix ounce iii ix and of letters sent outwards ,     s d to bourdeux , rochel , nantes , orleans , byon , towers , and places of like distance , port paid to paris single o ix double i vi treble ii iii ounce ii o     s d and for letters brought from the same places into england single i o double ii o . q ●● . of an ounce iii o ounce iv o also letters sent outwards ,     s d to norembergh , bremen , dantswick , lubeck , lipswick , and other places of like distance , post paid to hamburgh single i o double ii o . q ●● . of an ounce iii o ounce iv o     s d and for letters brought from the said places to england single o viii double . i iv treble ii o ounce ii o and for the port of letters brought into england from     s d calais , diepe , bulloigne , abbeville , amiens , saint omers , montrell single o iv double o viii treble i o ounce i o     s d rouen single o vi double i o treble i vi ounce i vi     s d paris single o ix double i vi treble i iii ounce i o     s d dunkirk , ostend , lille , ipte , courtrey , gheandt , bruxells , bridges , antwerp , & all other parts of flanders single o viii double i iv treble ii o ounce ii o     s d sluis , flushing , middleburgh , amsterdā , roterdam , delph , hagh , and from all other parts of holland & zealand single o viii double i iv treble ii o ounce ii o provided alwayes , that all mercha●●●● accompts not exceeding one sheet of paper , and all bills of exchange , invoyces , and bills of lading , are , and shall hereby be understood to be allowed without rate in the price of the letters , and likewise the covers of letters not exceeding one fourth part of a sheet of paper sent to marseilles , venice or ligorne , to be sent forward to turky , shall be understood to be allowed to pass without rate or payment for the same ; and according to the same rates and proportions for the port of letters , packquets & parcels to or from any of the parts or places beyond the seas , where posts have not been heretofore setled , and may hereafter be setled by the said post-master general for the time being , his executors or assignes : and it shall and may be lawful to and for such post-master general , & his deputy and deputies , to ask , demand , take and receive of every person that he or they shall furnish and provide with horses , furniture and guide to ride , ost in any of the post-roardes as aforesaid , three pence of english money for each horses hire or postage for every english mile , and foure pence for the guide for every stage . and whereas upon the arrival of ships from parts beyond the seas into several ports within his majesties dominions , many letters directed to several merchants and others , have been detained long to the great damage of the merchants , in want of that speedy advice and intelligence which they might have had if the same had been forthwith dispatched by the s●●●d posts , and sometimes such letters have been delivered by the masters or passengers of s●●h ships to ignorant and loose hands , that understand not the way and means of speedy conveyance and delivery of letters , whereby great prejudice hath accrued to the affairs of merchants and others , as well by the miscarryage of many letters so brought , as oftentimes by the opening of the same to the discovery of the correspondencies and secrets of the merchant . be it further enacted by the authority aforesaid , that all letters and pacquets that by any master of any ship or vessel , or any of his company , or any passengers therein shall or may be brought to any port-town within his majesties dominions , or any of the members thereof , other then such letters as are before excepted , or may be sent by common known carriers in manner aforesaid , or by a friend as aforesaid ; shall by such master , passenger , or other person be forthwith delivered unto the deputy or deputies only of the said post-master general for the time being by him appointed for the said port-town , and by him or them to be sent post unto the said general post-office to be delivered according to the several and respective directions of the same . and be it further enacted by the aforesaid authority , that no person or persons whatsoever , or body politick or corporate other then such post-master general , as shall from time to time be nominated and appointed by his majesty , his heires or successors , and constituted by letters patents under the great seal of england as aforesaid , and his deputy and deputies or affignes , shall presume to carry , recarry & deliver letters for hi●e , other then as before excepted , or to set up or imploy any foot-post , horse-post , coach-post , or pacquet-boat whatsoever for the conveyance , carrying , and recarrying of any letters or pacquets by sea or land within his majesties dominions , or shall provide and maintaine horses and furniture for the horsing of any thorow-posts , or persons riding in post with a guide and horne , as usuall for hire , upon paine of forfeiting the summe of five pounds of english money for every severall offence against the tenor of this present act , and also of the forfeiture of the summe of one hundred pounds of like english money for every weeks time that any offender against this act shall imploy , maintaine , and continue any such foot-post , horse-post , coach-post or pacquet-boat as aforesaid : which said several and respective forfeitures , shall , and may be sued for , and recovered by action or actions of debt , plaint , or information in any of his majesties courts of record , wherein no essoigne , priviledge , protection , or wager of law shall be admitted ; and the said several and respective forfeitures that shall happen from time to time to be recovered , shall be and remaine the one moiety thereof to his majestie , & his heires and successors , and the other moiety thereof to such person or persons , who shall or will inform against the offender or offenders against this present act , and shall or will sue for the said forfeitures upon the same . provided alwayes , that if any post-master of any respective place , doth not , or cannot not furnish any person or persons riding in post with sufficient horses within the space of one half hour after demand , that then such person or persons are hereby understood to be left at liberty to provide themselves , as conveniently they can ; and the persons who shall furnish such horses , shall not therefore be liable to any penalties or forfeitures contained in this act. provided alwayes , that if through default or neglect of the post-master generall aforesaid , any person or persons riding in post shall fail as aforesaid of being furnished with a sufficient horse or horses , for his or their use , after demand as aforesaid ; that in every such case , the said post-master generall shall forfeit the summ of five pounds sterling , the one moiety to his majesty , his heirs and successors , and the other moiety to him or them who shall sue for the same in any court of record , to be recovered by bill , plaint , or other information , wherein no essoigne , protection or other wager in law shall be admitted . provided alwayes , and be it enacted , that nothing herein contained shall be understood to prohibit the carrying or recarrying of any letters or pacquets , to or from any town or place , to or from the next respective post-road , or stage appointed for that purpose ; but that every person shall have free liberty to send and imploy such persons as they shall think fit , for to carry the said letters or pacquets as aforesaid without any forfeiture or penalty therefore , any thing contained in this act to the contrary notwithstanding . provided alwayes , that if the pacquet or maile shall be carried out of england into any part beyond the seas in any ship or vessel which is not of english built , and navigated with english seamen , that in every such case , the said post-master general shall forfeit the summ of one hnndred pounds sterling ; the one moiety to his majestie , his heirs and successors , and the other moiety to him or them , who shall sue for the same , in any court of record , to be recovered by bill , plaint or other information , wherein no essoign , protection , or other wager in law shall be allowed . provided also , and be it enacted by the authority aforesaid , that no person or persons shall be capable of having , using , or exercising the office of post-master general , or any other imployment relating to the said office , unless he or they shall first take the oathes of allegiance and supremacy , before any two iustices of the peace of the respective counties wherein such person or persons are or shall be resident , which said iustices are hereby authorized to administer the said oathes accordingly . provided also , and be it enacted by the authority aforesaid , that a letter or pacquet-post shall twice every week come by the way of trurow and penrin to the town of ma●ketiew alias marhasion in the county of cornwall ; and once a week to kendal by the way of lancaster , and to the town of penrith in cumberland by the way of newcastle and carssile ; and to the city of lincoln , and the burrough of grimoby in the county of lincolne , any thing in this act contained to the contrary thereof in any wise notwithstanding . provided also and be it enacted by the authority aforesaid , that such post-master generall to be from time to time appointed by his majesty , his heirs and successors as aforesaid , shall continue constant posts for carriage of letters to all places , though they lie out of the post-roads , as hath been used for the space of three years last past , at the rates herein before mentioned , under pain of forfeiture for every omission five pounds , to be recovered by action , suite , or plaint , in any his majesties courts of record , the one moiety to the use of his majesty , the other moeity to the use of the informer . and for the better management of the said post-office , and that the people of these kingdomes may have their intercourse of commerce and trade the better maintained , and their letters and advises conveyed , carried & recarried with the greatest speed , security , and convenience that may be ; be it further enacted , that the said post-master general so nominated , appointed and constituted as aforesaid , and his deputies , shall from time to time observe and follow such orders , rules , directions and instructions for and concerning the settlement of convenient posts and stages upon the several roads in england , scotland and ireland , and other his majesties dominions , and the providing and keeping of a sufficient number of horses at the said several stages , as well for the carrying and conveying of the said letters and pacquets , as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid , as his majestie , his heires and successors shall from time to time in that behalf make , and ordaine ; and that his majesty , his heires and successors may grant the said office of post-master general , together with the powers and authorities thereunto belonging , & the several rates of portage above mentioned , and all profits , priviledges , fees , perquisites & emoluments thereunto belonging , or to belong , either for life or term of years , not exceeding one and twenty years , to such person or persons , and under such covenants , conditions and yearly rents to his said majesty , his heires and successors reserved , as his said majesty , his heirs and successors shall from time to time think fit for the best advantage and benefit of the kingdome . provided alwayes , and be it enacted by the athority aforesaid , that no person shall have power to take , use , or seize any horses for the service mentioned in this act , without the consent of the owners thereof ; any usage or pretence , or any thing in this act contained to the contrary thereof in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all inland letters sent by any packet-post established by this act as aforesaid , do and shall pay the rates and prices before mentioned , at such stage where they are last delivered only , unless the party that delivers the letters desireth to pay elswhere ; any thing in this act to the contrary notwithstanding . provided always , that all letters , and other things , may be sent or conveyed to or from the two vniversities in manner as heretofore hath been used ; any thing herein to the contrary notwithstanding . anno xii . caroli . ij. regis . an act impowering the master of the rolls for the time being , to make leases for years , in order to new build the old houses belonging to the rolls . whereas the mansion-house , ground , and tenements , with the appurtenances belonging to the master of the rolls , as master of the rolls , are much out of repair , and not capable of improvement , in regard the former masters of the rolls were not enabled to grant such leases , and for such terms as might encourage tenants to build and to repair : be it therefore enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled ; and it is hereby enacted by the authority aforesaid , that the master of the rolls for the time being , and his successors , masters of the rolls , shall have good right , full power , and lawful authority , during the time he or they shall continue master of the rolls , by writing indented , under hand and seal , to grant and make leases for one and forty years , or for any lesser term , to commence from the making of any such leases , of all and singular the premisses , or any part thereof , the chappel of the rolls with a convenient mansion-house , court , yard , garden , stable , coach-house , and other our-houses and buildings , fit for the use and habitation of the master of the rolles , onely excepted ; which lease and leases , so to be made , shall be good and effectuall in law to all intents and purposes , as if such master of the rolls for the time being , as shall so make the same , had beén seized of the premisses of a good estate in feé simple . provided , that in leases where provision is made for new building of houses or tenements , that the yearly rent of twenty shillings at the least shall be reserved upon every lease of such a quantity of the said premisses , as shall be set out and assigned by the master of the rolls for the time being for any one house or tenement to be built upon ; and that in leases where there is no provision for new building , the like usual rent that hath beén paid or reserved for the greater part of seven years now last past , or more , shall be yearly reserved . provided also , that the master of the rolls for the time being , or any succeéding master of the rolls , after the prenusses have beén once letten , according to the power given as abovesaid , shall not grant or make any new or concurrent lease untill within seven years of the expiration of the lease then in being , nor for any lesser rent then was reserved upon the former lease , nor for any longer term , then for the term of one and twenty years from the making of such new lease . jo : browne cleric . parliamentorum . . an act for the restoring of henry lord arundel of warder to the possession of his estate . . an act for restitution of thomas earl of arundel , surrey and norfolk , to the dignity and title of duke of norfolk . . an act to restore to wentworth earl of roscomon , of the kingdom of ireland , all the honors , castles , lordships , lands , tenements and hereditaments in ireland , whereof james earl of roscomon his great-grand father , or iames earl of roscomon his father , &c. . an act for restoring of sir george hamilton unto his lands and estate in ireland . . an act for maintenance of the vicar for the time being of the vicaridge of royston in the counties of hertford and cambridge , and of his successors , vicars of the said vicaridge . . an act for enabling sir william vvray to sell lands for payment of his debts , and raising of portions for his younger children . . an act for naturalizing of gerrard vanheuthusen , daniel demetrius , and others . . an act for enabling of iohn newton the younger , and william oakeley , to make sale of lands for payment of debts , and raising of portions , &c. . an act for the levying of certain moneys due upon the collection for the protestants of piedmont . . an act for the naturalization of john boreell esq ; eldest son of sir william borreell knight and baronet . . an act for the naturalization of abraham watchtor born beyond the seas . . an act for restoring of sir thomas crimes baronet , to his estate . . an act for enabling george fawnt of foston in the county of leicester esq ; to sell and conveigh part of his lands , for payment of several debts and legacies charged upon his estate by sir william fawnt knight deceased , aud for the raising of portions for his younger children , and making his wife a joynture . . an act for naturalizing francis hide , and others . . an act to enable joseph micklethwaite an infant , and his trustees , to sell lands for payment of his fathers debts . . an act for raising portions , and making provision for maintenance for the younger children of sir edward gostwicke . . an act for confirming the sale of the mannor of hitcham , sold to charles doe , by sir iohn clarke knight and baronet , and for setling and disposing other the lands of the said sir iohn clarke and dame philadelphia his wife . . an act for the setling of some of the mannors and lands of the earl of cleaveland in trustees , to be sold for the satisfying of the debts of the said earl , and of thomas lord vventworth his son. . an act for the disappropriating of the rectory appropriate of preston , & uniting and consolidating of the said rectory , and of the vicaridge of the church of preston ; and for assuring of the advowson , and right of patronage of the same unto the master , fellows , and scholars of emanuel colledge in cambridge , and their successors . . an act for making the precinct of covent garden parochial . london , printed by john bill , printer to the king ' s most excellent majesty . . at the king's printing-house in black-fryars . the french king's declaration for settling the general poll-tax together with his edict ordering all communities both regular and secular, and all particular persons, (who have any water from rivers, brooks, springs and fountains, or otherwise, whether for the ornament of their houses, or the improving to their estates) to pay such sums as shall be impos'd upon them in council, in order to have the benefit of the said waters confirm'd to them for the future. france. sovereign ( - : louis xiv) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the french king's declaration for settling the general poll-tax together with his edict ordering all communities both regular and secular, and all particular persons, (who have any water from rivers, brooks, springs and fountains, or otherwise, whether for the ornament of their houses, or the improving to their estates) to pay such sums as shall be impos'd upon them in council, in order to have the benefit of the said waters confirm'd to them for the future. france. sovereign ( - : louis xiv) [ ], , p. printed for richard baldwin ..., london : . added t.p. and separate paging ( p.): the french king's edict. wing number l cancelled; changed to l . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. 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sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng louis -- xiv, -- king of france, - . taxation -- france. poll tax -- france. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the french king's declaration for settling the general poll-tax : together with his edict , ordering all communities both regular and secular , and all particular persons , ( who have any water from rivers , brooks , springs and fountains , or otherwise , whether for the ornament of their houses , or the improving of their estates , ) to pay such sums as shall be impos'd upon them in council , in order to have the benefit of the said waters confirm'd to them for the future . given at fountain-bleau , octob. . and recorded in parliament . london : printed for richard baldwin , near the oxford-arms in warwick-lane , . the preface . the following edicts being extraordinary , both for the matter and manner , it 's presum'd that the translation may not only be grateful to the curious , who don't understand them in the original ; but useful to the publick , that they may see the difference betwixt a legal and tyrannical government . the disparity of the stile in these two edicts is very remarkable . that for the tax on water , demands it as a royal prerogative and right ; but for such reasons as will sooner move laughter than choler in any but his own subjects , who have cause indeed to be afraid of that severe innuendo , that they are fineable for having made use of the water without his royal license ; when they consider , that he , who hath been so often guilty of breaking the most sacred and solemn treaties with his superiours and equals , will never be tied to keep promise to his subjects , any longer than opportunity or necessity affords him a pretence to do otherwise . then , as for the edict imposing the poll-tax , it is every whitt as sneaking as the other is haughty : he ushers it in with a flattering and romantick prooemium , and to make his subjects digest it the better , insinuates that the envy and ambition of the allies hath occasion'd this war , tho' it be justly chargeable on his own usurpations ; and that their obstinacy is the cause of its continuance ; whereas it is his own pride and injustice : but being sensible of the risk which he runs by continual incroachments on his peoples liberties , he finds himself under a necessity to fawn sometimes , as well as to hector at others ; and therefore hopes that his nobility and gentry , who are so prodigal of their blood , won't be niggardly of their money , &c. he is sensible of the nobilities pretensions to be exempted from this poll , and what reason his souldiery have to grumble , that they , who spend their blood in the war , should also be taxed to maintain it ; and therefore finds himself obliged to give soft words , at least ; such is the difference betwixt dominion founded on the love of the subject , and that maintain'd by tyranny and force . how great is the odds betwixt the authority of an act of parliament , and the edict of the most absolute and imperious monarch ! how chearfully do subjects obey the one , and with what regret are they forc'd to submit to the other . how much greater reason have we in england to pay what is charg'd on us by law for maintenance of our liberties , than our neighbours of france have to pay that which is arbitrarily demanded to support one who tyrannizes over their souls and bodies ? and why should we repine at paying for our beer , when our neighbours are forced to pay for their water ? this is judg'd sufficient by way of preface , the edicts themselves being so plain , that he who runs , may read in how much better condition we are than the french , seeing no money can be levied upon us without our own consent : whence it comes to pass , that we have not only wherewith to maintain our selves at home , but money to spare to make us redoubtable abroad ; whereas they have scarcely any thing left to be taken from them , and cannot plead a property in that poor remainder , but must surrender it at the will of their prince , whenever his ambition or necessity requires it : and that the latter is very great , needs no better demonstration , then that he who never us'd to accost his subjects in any other dialect than we will and command , is now forc'd to make use of arguments and intreaties to move and perswade ; which comes far short of that august stile , — be it enacted by the king 's most excellent majesty , with the advice and consent of the lords spiritual and temporal , and commons in parliament assembled ; and as it comes short of the authority , will come as short of the effects . the king of france his declaration for the establishing of a poll-tax . lewis , by the grace of god , king of france and navarre ; to all whom these presents shall come , greeting . since the glory of our state , and the prosperities wherewith it has pleased god to bless our reign , have excited the envy of most of the powers of europe , and engaged them to make a league , in order to wage an injust war against us ; the sincerity of our intention , and the advantages we have yearly got over them , putting us still in hopes of a speedy peace , we have endeavour'd , in order to repel the efforts of the states in league against us , to make use of no other means , but such as were least burthensom to our subjects : in order thereunto we have alienated rents , of which we have assign'd the payment on our ordinary revenues ; and created offices , the sallaries of which are set down on the settlements of our finances . and if in the sequel , we have been obliged to make use of some other means which have been more burthensom to our people , it was only because it was absolutely necessary to settle and fix such funds as were requisite for the weal of our state. but the obstinacy of our enemies , who seem to be insensible of their losses , and who , far from being concern'd at the misery of the people , seem even to take an advantage at the inclination we express towards a peace , giving us a prospect of the continuance of the war , and obliging us to prepare for it , we are in hop's to make all europe sensible , that the forces of france are inexhaustible , when they are well managed , and that we have certain reserves in the hearts of our subjects , and in their zeal for their king's service , and for the glory of the french nation . confiding in this , we have resolved in order to put our self in a condition to maintain the expences of the war , as long as the blindness of our enemies will incline them to refuse a peace , to establish a general poll-tax , to be paid during the time of the war only , by all our subjects , without any distinction , by hearths or by families : and we are the more inclined to look on this mean as safe and effectual , seeing that the most zealous and most knowing of our subjects of the three orders which compose this state , seem to have prevented our resolution ; and moreover that the estates of languedoc being assembled according to the usual custom , after having granted the free gift of three millions which we had desired of them , and made provision for the other usual charges which the war has considerably increas'd , by an express decree of their assembly , of the month of december last , carrying their foresight and the testimonies of their zeal and affection , beyond whatever we could expect from them , have propos'd this aid to us , and set down the reasons , for which it ought to be preferr'd to all the other extraordinary means which we might practise hereafter . and indeed this poll-tax extending generally over all our subjects , will prove no great burthen to every one in particular , and being joyn'd to our usual revenues , will raise sufficient funds , which being collected without charge or delay , will render the said aid the more speedy , easie and effectual . we do moreover believe , that in case the said collection succeeds , as we have reason to think it will , it will enable us for the future , to lay aside the extraordinary affairs , to which the necessity of the times has obliged us to have recourse ; promising upon the faith and word of a king , to annul the said general poll-tax , within three months after the publication of a peace . for these reasons , and other considerations us thereunto moving , of our certain knowledge , absolute power , and authority royal , we have by these presents , sign'd under our hand , said and declar'd , do say and declare , will , and it is our pleasure , that , to reckon from the first day of this month , a general poll-tax be establish'd , rais'd and levy'd throughout our whole kingdom , countries , lands and lordships under our command , as well as in the countries and cities conquer'd by us , since the declaration of this present war , by hearths , or by families , payable yearly during the present war only , and not to be continued or exacted under any pretence whatever , three months after god's having granted us a peace : that in order thereunto , the intendants and commissioners sent forth in each of the generalities , provinces , countries and districts , the syndics of the dioceses and of the estates ; and the gentlemen , who are to act joyntly with the said intendants according to this present declaration , do agree about the rolls of the division of the said poll-tax , conformably to the bill of rates agreed on in our council containing the distribution of our subjects , in two and twenty classes , which shall be fix'd under the counter seal of these presents . willing that none of our subjects of what quality or condition soever , whether ecclesiasticks , secular or regular , noble , military or others , should be exempted from the said poll-tax , excepting only such of our subjects as are assess'd on the taille , or other common impositions under forty pence , the mendicant orders , and the poor mendicants , whereof the curates of every parish shall give a list sign'd and certify'd by them , upon their honor and conscience . we are perswaded that the ecclesiasticks will the more chearfully submit to this contribution , seeing that besides that , the interest of religion , and the zeal which they have always express'd for our service ingages them to it ; their profession hindring them from serving us in our armies , where most of them should be call'd by their birth , they have no other way on this occasion to contribute towards the defence of the state of which they make up the first body : but in as much as the general assembly of the clergy of our kingdom is to be held this year , and that the testimonies we have ever receiv'd of the zeal of that body , makes us presume that they will continue to give us proofs of the same ; granting us by a voluntary gift , aids proportionable to the necessities of the state , and that it would not be reasonable at the same time to oblige them to contribute towards the poll-tax ; it is our will and pleasure , that at this time , the clergy , and the members which have a dependence on them , be not compris'd in the assessment which shall be agreed on in our council , nor in the rolls which shall be made by the intendants for the collection of the taxes of this present year . neither do we question , but the nobility of our kingdom , who daily expose their lives , and spill their blood generously for our service , and for the support of the state , will as freely sacrifice so small a portion of their revenues , as that to which the tax which will be laid on gentlemen will amount . and whereas the product of the said poll-tax is design'd to supply the expences of the war , it is necessary for us to be in a condition to make use of it during the next campaign : therefore we do require and command all those who are liable , to pay their assessments in two terms and equal payments ; the first on the first day of march , and the second on the first day of june following . that our subjects who are liable to the taille , do pay the said tax into the hands of the receivers of the taille of every election , or to the collectors imploy'd by them , who shall thereupon remit the fund of their several collections , to the receiver-general of the finances of their generality : and the citizens and inhabitants of free towns , which are not liable to pay the taille , into the hands of the receivers of the publick stock of the said towns , who shall afterwards remit the same to the receivers general of the finances of the generality , and the said receivers-general to the keeper of our treasure royal. that in such countries in which estates are held , the roll of the assessment of the said poll-tax be made and settled by the intendants and commissioners appointed in order thereunto , jointly and with the approbation of the ordinary deputies or syndics of the said estates , and that all persons so assess'd , do pay their tax into the hands of the collectors and receivers in ordinary of free gifts , subsidies , subventions , and other impositions in use in the said countries , who will afterwards remit the fund of their collection to the treasurers , or receivers general of the said estates , and they to the keeper of our treasure royal. that the roll of assessment upon the citizens and inhabitants of our good city of paris , be made and sign'd by the * provost of the merchants , and the sheriffs of our said city , and that the product of the said imposition , be paid to the receivers by them appointed , who shall remit the same into the hands of the receiver-general of the city , and he to the keeper of our treasure royal. that the rolls of the said poll-tax , payable by the ecclesiasticks secular and regular , be sign'd by the intendants and commissioners appointed , jointly with and by the approbation of the syndic of every diocese , and the money thereby arising paid into the hands of the receivers , who shall be appointed by the intendant or commissary of the district , and by the syndic of every diocese ; which said receiver shall afterwards remit the product of his receipt into the hands of the receiver-general of the finances , and in the countries which hold estates , into the hands of the receiver or treasurer-general of the said estates , who will remit the same to the keeper of our treasure royal. that the rolls of the said poll-tax payable by the gentry and nobility , be made by the intendants and commissioners appointed , jointly with and by the approbation of a gentleman out of every bailiwick , who shall be chosen and nominated by us to that effect , and the sums arising from the same paid into the hands of the receiver appointed by the intendant or commissioner , and by the gentleman by us nominated , and the said receiver shall remit the product of his receipt into the hands of the receiver-general of the finances , and in the countries which hold estates into the hands of the treasurer or receiver-general of the said estates , who shall remit the same to the keeper of our treasure royal. that the rolls of the said poll-tax payable by the officers , souldiers , troopers , dragoons , and by the officers , souldiers and seamen , as well of our men of war , as galleys , be settled by the intendants of our provinces , and by those of the navy , and of the galleys , within the district of which the said forces , both for the land and sea service , shall happen to be at the time of the said imposition , and that the product thereof be paid into the hands of the treasurer-general of the extraordinary of the war , and of those of the navy and galleys , who shall remit the fund of their receipt to the keeper of our treasure royal. that the officers of parliaments and other courts , who receive their sallaries by the hands of a pay-master , do pay their taxes into the hands of the said pay-masters , who shall remit them afterwards into the treasure royal. and as to the princes , dukes , and marshals of france , officers of our crown , and other officers mention'd in the two first classis of the bill of rates agreed upon in our council , and the knights and great officers of the order of the holy ghost , they shall pay their tax directly into the hands of the keeper of our treasure royal : and the officers of our houshold , and others imploy'd upon the settlements of royal houses , shall pay their tax according to the roll agreed upon by us in our council , into the hands of the receiver , who shall be by us appointed to that effect . all the receivers , both general and particular , who shall receive the collection of the said poll-tax , either in the whole , or part , shall , instead of a sallary , retain the taxations by us impos'd upon them upon the product of their receipts : and as to the method of accompting , fees , and manner of accompts they shall follow the regulation by us made : prohibiting their exacting , or receiving any duty of acquittance , or other penys upon any pretence whatever , on pain of being convicted of extortion : we do also hereby impower them to compel those who shall delay their payments , according to the usual method practis'd in these cases , excepting the ecclesiasticks , whose temporal estate only they shall be allow'd to seize , according to the th . article of the seizures and executions of our ordinance of the year . moreover , we do allow the rolls , extracts of the said rolls , acquittances , warrants , assignations , and all other expeditions and proceedings which shall be made for the imposition and recovery of the said poll-tax to be made on common paper , and without a seal , all edicts , declarations , and decrees to the contrary thereof in any wise notwithstanding . and to prevent the disputes which might arise about the imposition and recovery of the said poll-tax , it is our will and pleasure , that those who have many places , titles , dignities or qualities , and who upon that account might be comprehended in several rolls , shall only be oblig'd to pay once , according to the highest tax , which they are liable to upon the account of all those qualities . that the sons of families being marry'd , or having offices , shall be assessed apart in the rolls , tho they live actually in their father or mother's house . that the children of families , of age or under age , injoying the estate acquir'd by their father or mother's decease , shall be tax'd at the rate of the fourth part of what their father should have been oblig'd to pay , according to the bill of rates agreed on in our council . that widows shall only be compris'd in the said rolls , for the moiety of the tax to which their husbands should have been assess'd . and that women parted from their husbands shall be tax'd in their private capacity to half the sums to which their husbands shall be taxed . and whereas it might happen that several of our subjects would pretend to be compriz'd in none of the twenty two classis mention'd in the bill of rates fix'd under the counter-seal of these presents ; we do declare , that all those who shall not be particularly comprehended in one of the said classis , shall be assessed by the said intendants and commissioners appointed , alone , or by the said intendants , jointly with the deputies and syndics of the countries in which estates are held , the syndics of dioceses , and gentlemen by us nominated , if they are ecclesiastics , nobles , or inhabiting in a country in which estates are held , at the rate of that classis , to which their profession , condition or quality has the greatest relation . and whereas several alterations may happen from year to year in the condition of the persons liable to the said poll-tax : it is our will and pleasure , that upon notice given thereof to our said intendants and commissioners appointed , they shall have the power alone , or jointly with the syndics of the estates , of the dioceses , and with the gentlemen by us nominated , to rectify their rolls , to increase or diminish their taxes in that of the following year , sending an account of the said augmentations or diminutions by them made , to the comptroler general of our finances . and whereas it is very material for the good of our service , and for the ease of our people to prevent whatever might retard the raising of the said poll-tax , or put the persons assess'd to charges : it is also our will and pleasure , that all disputes which might arise upon the account of the said imposition and recovery , shall be judg'd summarily and without charges by the said intendants and commissioners appointed , and in relation to our good city of paris , by the provost of the merchants , and the sheriffs , whom we do hereby appoint to be the sole and absolute judges thereof ; so bidding all our other courts and judges to take cognisance of the same : it is also our will and pleasure , that whatever shall be ordain'd by them , shall be executed by provision , allowing them however an appeal to our council . we do also declare , that by these presents , and by the establishment of the said poll-tax , we do no-wise design to derogate from the privileges , prerogatives and rights of any of the orders of our kingdom , which we will maintain and preserve . therefore we do command our trusty and well-beloved councellors the persons holding our court of parliament , chamber of accompts , and court of aids of paris , to cause these presents to be read , publish'd and registred , and the contents thereof carefully and exactly to observe , and execute , according to the form and tenor thereof , putting a stop to all troubles and oppositions thereunto contrary : willing also , that credit be given to the copies of these presents , compar'd and examin'd by one of our trusty and well-beloved councellors and secretaries , as much as to the original ; for such is our pleasure : in witness whereof , we have caus'd our seal to be affix'd to these presents . given at verfailles , on the th . of january , of the year of our lord . and of our reign the d . sign'd lewis , and lower by the king , phelypeaux , and sealed . registred , and order'd , upon the motion of the king's attorney general , to be executed according to the form and tenor thereof . at paris in parliament , on the . jan. . sign'd , dongois . registred in the chamber of accompts , and order'd , upon the motion of the king's attorney general , to be in force and to be executed according to the form and tenor thereof . the offices being assembled , on the d . of january . sign'd , registred in the court of aids , and order'd , upon the motion of the king's attorney general , to be executed according to the form and tenor thereof , on the of january . sign'd , tarif , or a bill of rates , containing the distribution of the classis , and the regulation of the assessments of the general poll-tax , ordain'd by the king of france ' s declaration . the first classis . livres . the dauphin . the duke of orleans . the duke of chartres . madam de guise . the prince of condé . the duke of bourbon . the princess dowager of conti. the prince of conti. the duke du maine . the count de toulouze . the dutchess of verneuil . the lord chancellor . the president of the royal council of the finances . the ministers of state. the secretaries of state. the comptroller-general of the finances . the keepers of the treasure royal. the treasurer of the extraordinary of the war. the treasurers of the navy . the general farmers . the second classis . livres . the princes . the dukes . the marshals of france . the officers of the crown . the first president of the parliament of paris . the governors of provinces . the counsellors of the royal council of the finances . the intendants of the finances . the treasurers of the casual revenues . the third classis . livres . the knights and great officers of the order of the holy ghost . the judges of provinces . the vice-admirals . the first presidents of the superiour courts of paris . the presidents à mortier of paris . the first presidents of the parliaments of the provinces . the secretaries of the council . the receivers general of the finances . the treasurers of the countries in which estates are held . the treasurers of the gallys . the receivers of the exhibitions of paris . the fourth classis . livres . the counsellors of state. the attorneys and advocates general of the parliament of paris . the register in chief of the parliament of paris . the presidents of the chamber of accounts , court of aids of paris , and grand council . the provost of paris . the lieutenant civil , or judge in civil causes . the lieutenant de police . the provost of the merchants . the captain-lieutenants of the companies of gens d'armes , and of the chevaux legers . the receivers general of the clergy . the great audiencers . the keepers of the rolls . the comptrollers general of the great chancery . the treasurers of the seal . the treasurers of the artillery . the commissioners of the real seasarers of paris . the fifth classis , livres . the masters of requests titular and veteran , and the councellors of honour of the parliament of paris . the attorney general of the chamber of accompts of paris . the attorneys and advocates general of the grand council , and of the court of aids of paris , and the registers in chief . the first presidents of the chambers of accompts , and courts of aids of the provinces . the intendants , of the navy , and of the provinces , who are not masters of requests . the governors of frontier towns. the registers of the council , and the keeper of the minutes of the council . the register in chief of the chamber of accompts of paris . the treasures of the fortifications . the treasures of the buildings . the treasures of the switz forces . the custodes of the treaties agreed on in council . the sixth classis , livres . the lieutenants general of the king's armies . the lieutenants general of the navy and of the galleys . the lieutenants general of the artillery . the king's lieutenants of the provinces , whose places are hereditary . the governors of garrisons , &c. within the kingdom . the sub lieutenants of the gens-d'armes , and chevaux legers . the first presidents of the superiour councils of the provinces . the presidents à mortier of the provincial parliaments . the presidents of the inquests , and requests of the parliament of paris . the particular , criminal judges , and the king's attorney of the * chatelet of paris . the registers in chief , civil and criminal of the chatelet of paris . the treasurers of the mace of gold , or golden bullion . the general farmers of the posts . the seventh classis , livres . the marquesses , earls , vicounts and barons . the provost of the isle , the lieutenant criminal of the short robe , and the * chevalier du guet . the king's attorney , the register and receiver of the town-house of paris . the registers appointed for the registry of the grand chamber of the parliament of paris . the pay-masters of the rents . the receivers of the tailles . the receivers of the demain . the receivers of fines , receivers of fees and vacations , receivers of exhibitions , and the commissioners of the real seizures of the cities in which there are parliaments , chambers of accompts , or courts of aids . the treasurers of bridges and causey's . the receivers of the admiralties . the comptrollers of the posts . the comptrollers of the switz forces . the pay masters of the sallaries of superiour courts . the directors of the farms . the cash-keepers of the aids and gabelles . the sub farmers . the eighth classis , livres . the marshals de camp of the king's armies . the flag officers of men of war and galleys . the quarter-masters general of the king's camps and armies . the ensigns , cornets , and guidons , of the gens d'armes , and chevaux legers . the counsellors of superiour courts of paris . the grand bailiffs of the sword. the masters of the chamber of accompts of paris . the advocate general of the chamber of accompts of paris . the attorney general of the requests de l'hostel . the judge of the marble table . the great masters of waters and forests . the king's secretaries of the great chancery . the presidents and treasurers of france , of paris . the register of the presentations and affirmations of the parliament of paris . the first clarks of the secretaries of state , of the comptroller general of the finances , of the treasure royal , and●●●●al revenues . the ninth classis , livres . the brigadiers of the king's armies . the marshals general of the horse . the majors general of the foot and horse of the king's armies . the captains of the king's ships and galleys . the masters of the chambers of accompts of the provinces . the correctors and auditors of the accompts of paris . the counsellors , knights of honour , attorneys and advocates general of the superiour courts of the provinces . the registers of extraordinary commissions . the clerks of the general comptrollers office of the finances . the comptrollers general of the navy and galleys . the comptrollers general of the gabelles . the clarks of the secretaries and registers of the council . the tenth classis , livres . the colonels of foot , horse and dragoons of the king's armies , and other officers having the rank of colonels . the king's lieutenants or sub governours of frontier towns. the colonel of the arches of the city of paris . the gentlemen lords of parishes . the advocate general of the requests de l'hostel . the sheriffs and counsellors of the city of paris . the notaries and secretaries of other superiour courts of paris . the vshers of the council and of the great chancery . the presidents treasurers of france , the king's advocates , attorneys , and registers of the offices of the provinces . the king's advocates of the chatelet of paris . the comptrollers of the mare of gold , or bullion . the director general of the mint . the notaries of the chatelet of paris . the expeditionary bankers at the court of rome . the bankers and agents of the exchange . the book-keepers , and the comptroller general of the remenants of the chamber of accompts at paris . the eleventh classis , livres . the commissaries of the war. the commissaries of the navy . the comptrollers general of the ordinary and extraordinary of the war. the correctors and auditors of the chambers of accompts of the provinces . the particular , and criminal judges , the king's attorney , and registers in chief of the baliwicks , and seneschalships under the jurisdiction of parliaments . the knights of honor , and the counsellors of the chatelet of paris . the mayors of cities in which there are parliaments , or other superiour courts . the king's secretaries in the little chanceries . the receivers of fines , fees and vacations , the receivers of exhibitions , and the commissaries of the real seizures of the cities in which there is an officer of the finances , or a presidial court. the clerks of the secretaries of state , and comptroller general of the finances . the comptroller of the pay-masters of the sallaries of superiour courts . whole-sale dealers . the first vshers of the parliament , and other superiour courts of paris . the twelfth classis , livres . the knights of honour , king's advocates and attorneys , and registers in chief of the presidial courts of the provinces . the wax-chafers , coffer-carriers and other inferiour officers of the great chancery . the thirteenth classis , livres . the sub-governors and majors of garrisons . the engineers-directors of fortifications . the presidents and lieutenants criminal of the elections and salt lofts . the judges of the constableship , and of the admiralties . the sheriffs , king's attorneys , registers , and receivers of the common bank of the cities in which parliaments , or other superiour courts are held . the mayors of the cities of the second order . the judges keepers of the mint of paris . the substitutes of the king's officers of the superiour courts of paris . the comptrollers of the pay-masters of the sallaries of superiour courts . the clarks of the intendants of the finances , of the treasure royal , and casual revenues . the receivers general of the gabelles . the inhabitants of large cities , living on their estates . the fourteenth classis , livres . the lientenants of the artillery . the comptrollers of the ordinary and extraordinary of the wars . the substitutes of the king's officers in the superiour courts of the provinces . the commissaries of the chatelet of paris . the sub farmers of the posts . the fifteenth classis , livres . the provosts of the marshals . gentlemen possessing fiefs and castles . the quarter-masters of the gens d'armes and chevaux legers . the lieutenant of the archers of paris . the substitutes of the king's attorney of the chatelet of paris . the comptrollers of the rents of the town-house of paris . the registers of the presidial and other royal courts of justice . the aldermen of paris . the clarks receivers of the farms . the inhabitants of the cities of thi second order , living on their estates . the intendants of private affairs and families . the farmers of lands and estates the rents of which exceed livres . the farmers of mills , the rents of which exceed livres . the sixteenth classis , livres . the professors in law. the grand masters , bursers , and heads of colleges . the officers of royal baliwicks , of elections , salt lofts , of waters and forrests , of the constableship , of the admiralties , and the judges of transportations . the judges , attorneys , fiscals and registers of dutchies , to which the title of peer is annex'd . the sheriffs , king's attorneys , registers , and receivers of the common stock of the cities of the second order . the substitutes of the king's attorneys in cities in which there are parliaments , or other superiour courts . the mayors of small cities . the pay masters and comptrollers of the sallaries of presidial courts . the advocates of the council . the officers of little chanceries . the first vshers of the superior courts of provinces . the vshers audiencers of the chatelet of paris . the great shop-keepers . merchants dealing in corn , wine and wood. the secretaries of the councellors of state , masters of requests , intendants , governours of provinces , marshals of france , generals of armies , lieutenant generals by land or sea , judges civil , de police , criminal , of the king's attorney in the chatelet of paris , of the provost of the merchants , and of the attorneys and advocates general of superior courts . ordinaries . the messengers of cities in which there are parliaments , or other superior courts . part of the farmers and husbandmen . the seventeenth classis , livres . the lieutenants and esigns of the king's ships and galleys . the colonels and majors of the train-bands . the commissaries of the artillery . the exempt of the archers of the city of paris . the professors of the college royal of paris , and others as well of paris as other provinces , who receive pensions and sallaries from the king. the physicians , chirurgeons and apothecaries of paris . the notaries of cities in which parliaments on other superior courts are held . the judges , keepers of the mint of provinces . the advocates of superior courts . the attorneys of the parliaments , superior courts , and requests of the palace . the reporters of causes in superior courts . the vshers of the superior courts , and requests of the palace . the cryers de corps and de vin of paris . the particular directors of the mint part of the vintners of paris . part of the farmers and husband-men . the eighteenth classis , livres . the captains and lieutenants of the train-bands . the commissaries of the musters . the captains and majors of horse and dragoons . the enginiers of gamion . the aid majors and captains of gates . the rectors , chancellors , attorneys of nations , and deputies of vniversities . the king's attorney's substitutes in presidial courts . the physicians , chirurgeons , and apothecaries of cities of the first and second order . the advocates and attorneys of the chatelet of paris . the comptrollers of the taxes of costs of councils , parliaments and other superior courts . the comptrollers of writs in cities , in which parliaments or other superior courts are held . the notaries of cities of the second order . the comptrollers of the patrimonial revenues and grants of the cities of the first order . the vshers of the rod on horseback , & a la douzaine of the chatelet of paris . the overseers of the city of paris . the artists and registers of the scrutore of paris . the sworn architects . the meeters of wood , coals , brokers , gaugers , and other officers of the policy , and of the ports . the barbers and periwig . makers of cities of the first and second order . handy-crafts men of great cities keeping shops and journey-men . part of the vintners of paris . part of the farmers and husbandmen . part of those who labour in vineyards . the nineteenth classis , livres . the captains and majors of foot. the gentlemen who have neither fiefs nor castles . the regents , beadles and messengers and of the vniversities . the sheriffs , king's attorneys , registers and receivers of the publick stock of little towns. the mayors of the wall'd towns. the receivers of exhibitions and fines , and the commissaries of the real seizures of royal courts of justice . the notaries of small towns. the comptrollers of patrimonial revenues , and grants of cities of the second order . the vshers audiencers of presidial courts . the roll-keepers of little towns , living on their estates . part of the vintners of paris , and those of the inclosed towns. small ordinaries . the handycrafts-men of the cities of the second order , keeping shops and journey-men . the messenger of little cities and inclos'd towns. the post-masters . the twentieth classis , livres . the lieutenants , sub-lieutenants and ensigns of foot. the cornets of horse and dragoons . the chief clerks of ships and galleys . the quarter masters of horse and dragoons . the lieutenants and exempts of marshalsees . the store-keepers of the artillery . the keepers of the navy . the archers of the town house of paris , of the provost of the isle , and of the lieutenant of the short robe . the judges of seignerial courts of justice . the advocates and attorneys of presidial and other royal courts of justice . the reporters of causes in presidial and other royal courts of justice . the comptrollers of the taxes of the costs of the presidial courts , baliwicks , and other royal courts of justice . the sheriff's , king's attorney's , registers , and receivers of the common stock of small cities and inclos'd towns. the physicians , chirurgeons , and apothecaries of little cities and inclosed towns. the treasurers collectors in languedoc . the registers of the rolls of tailles , and other impositions . the attorneys , fiscals , and registers of seignerial courts of justice . the vshers , attorneys and sergeants of royal courts of justice . the cryers de corps & de vin , of the provinces . the sworn aulnagers of linnen clothes , and the warder of the linnen cloth-hall at paris . the comptrollers of the farms . the artists and register of the scrutore of the provinces . the gaugers of waters and forests . the notaries and pleaders of towns and villages . the comptrollers of the patrimonial revenues and grants of little cities and inclos'd towns. the substitutes of the king's attorneys in small cities and communities . the sergeants keepers of waters and forests . the essayers and ingravers of the mint . the clerks of the mint . the tole gatherers . the handicrafts-men of little cities and inclos'd towns , being house keepers . the inn-keepers , and drinking houses of inclos'd towns. the millers , whose rents are under livres . part of the farmers and husbandmen . part of those that work in the vineyards . the one and twentieth classis , livres . the gens d'armes & chevaux legers , kettle-drums and trumpeters of the said troops . the sergeants of infantry . the archers of the marshalsees . the sergeants of seignerial courts of justice . the handycrafts-men of towns and villages . part of those that work in vineyards . the two and twentieth and last classis , livre . souldiers , troopers , dragoons , sea-men , trumpeters , kettle-drummers , drummers and hautboys . labourers and journey-men . and generally all the inhabitants of towns and villages rated pence on the taille and upwards , who are not comprized in the preceeding classis . done and agreed upon at the royal council of the finances , held at versailles , on the th of january , . sign'd , phelypeaux . the french king's edict , ordering all communities both regular and secular , and all particular persons ( who have any water from rivers , brooks , springs and fountains , or otherwise , whether for the ornament of their houses , or improvement of their estates ) to pay such sums as shall be laid upon them in council , in order to have the benefit of the said waters confirm'd to them for the future . given at fountain-bleau , octob. . and recorded in parliament . london : printed for richard baldwin , near the oxford-arms in warwick-lane , . the french king's edict , ordering a tax upon all rivers , brooks , springs , fovntains , &c. lewis by the grace of god , king of france and navarre , to all who are present and to come , greeting . the distribution , conducting and ordering of the waters derived from streams and rivers navigable or not navigable , and others which run either through the jurisdiction of our demain , or through the publick roads within the extent of our kingdom , being one of our principal rights of royalty or demain , the kings , our predecessors , took a particular care to prevent their being usurp'd : in the mean time , we are inform'd , that divers of our subjects have in contravention to our orders , let out or turn'd off the water of navigable rivers and streams , and have moreover taken the liberty to convey the waters of the said rivers navigable and not navigable , brooks , springs , fountains and others , through the great roads , streets and publick places , the property of which belongs unto us ; which occasions a prejudice so much the more considerable , that by these enterprises they alter the course of navigation , and deprive the publick of the benefit which they might reap from the same , and that they do many times also render the ways unpassable , by overflowing of the same ; which does also oblige us to be at the expence of ditches for maintaining the canals , and augments our yearly charge , for keeping up of our bridges and causeys . we are also inform'd , that divers particular persons or communities , have let out , turn'd off , or stop'd the waters of rivers navigable or not navigable , and brooks , springs and fountains , in the extent of those lands , whose high jurisdiction appertains to us , without having obtain'd any permission from us. these considerations prevail'd with henry ii. to enquire into such usurpations , and for that effect did expedite his letters patents in , by which amongst other things , it is expresly forbid , that any particular persons should have water , except the same be alienated for their use , on consideration of a rent agreed on by the commissaries deputed thereunto . there was also an act of our council , prohibiting the same , dated octob. , , betwixt the farmer of our demains , and the consul and community of our city of arles , which contain'd the like prohibitions . in such sort , that , according to the tenor of those letters patents , and that act , we have right to declare , that all those who have water , have incurr'd a fine for enjoying the same , contrary to the said declaration , and the acts issued for execution of the same . nevertheless , having taken into consideration , that this fine join'd to the sums which we may pretend to against the said possessors for time past , would much diminish the value of their stocks and estates , we have judged it more convenient to confirm and maintain them in the possession of the said waters , on paying of a moderate sum , in consideration of which , they may enjoy the same as in time past : whereunto we are so much the more inclinable , that by securing the publick roads and navigable rivers from such attempts for the future , we do in some measure make up the losses of our demain , and procure unto our selves a present supply from many persons who have not hitherto contributed any thing to the extraordinary charges of the state. for these causes , and others us thereunto moving , and from our own certain knowledge , full power , and royal authority , we have by this present , perpetual and irrevocable edict , said , statuted and ordained , and say , statute , ordain , will and please , that in the space of one month at farthest , from the day of the enrolling of this present edict , and the publication thereof in the baliwicks , senesohalships and other royal courts , all communities secular or regular , and all particular persons of what quality and condition soever , who have waters derived from navigable rivers within the limits of our kingdom , or countries , lands and lordships subject to us ; as also those who have waters deriv'd from rivers that are not navigable , brooks , springs and fountains , or otherwise , which they stop or retain about the roads , or bring it across the streets , ways and publick places for their own use , whether it be to water their lands , embellish their houses , or what other use soever ; also those who have let out , or turn'd off the waters throughout the high jurisdictions which belong to us , and in those by us mortgaged ; shall be obliged to give unto him whom we shall entrust with the execution of the present edict , his proctors , deputies and substitutes , exact declarations of the quantity of lines of water which they enjoy , from whence they flow , the houses and edifices better'd or beautify'd by them , the places , streets and ways thro which they pass , and what acres of land belonging unto them , are thereby watered , on pain of being fin'd in livres , which shall neither be remitted nor moderated upon any pretext whatsoever . we ordain , that upon those declarations , it shall be forthwith enacted in the rolls of our council , in which the said communities and particular persons shall be taxed , that is to say , those of our good city , provostship , vicounty , presidial and province of paris , at the rate of livres per line . those who enjoy any in other cities of our kingdom , where there is a parliament chamber of accounts , courts of revenue , provostships or baliwicks of the same , at the rate of livres per line : yet so , nevertheless , that the said taxes may not exceed the sum of livres for each grant , for what quantity of lines soever . those of other cities of our kingdom at the rate of livres per line ; yet so as their taxes may not exceed the sum of livres . the proprietors of watered lands , at the rate of livres per acre . and those who serve themselves of the said waters for what other use soever , whether for profit or ornament , without the extent of the said cities and other places designed as above , at livres per line , yet so as their taxes may not exceed the sum of livres ; which sums shall be paid , as also the sous per livre of the same , the one half within a month after the signification of the said rolls , and the other half in the month following , to such person as we shall name , to recover the same , his proctors , deputies and substitutes , viz. the principal upon their acquittance , bearing a promise to furnish them with a discharge from the keeper of our royal treasury ; and the sous per livre , upon their bare receipt . by means whereof , it is our will that they be confirm'd in their right , possession and enjoyment , from the grant of the mayors and sheriffs , without being liable to be dispossessed for any cause or pretext whatsoever , nor obliged to pay unto us , by reason thereof , any annual sum ; and in case of default , and not payment of the said sums , within the time above specified , that they shall be constrained thereunto , as for our proper revenues and affairs ; and in case that the houses , goods and estates where there is water , shall come to be really seiz'd , it is our will , that the sums for which they shall be compriz'd in the rolls , shall be paid out of the money arising from the leases so seiz'd , or that which shall be made by the sale of the said goods preferrable to all other creditors . we don 't however comprehend in this present enquiry , the canals , aqueducts , and other works , which serve for the conveyance of waters of publick fountains , hospitals , or alms-houses of lay administration . in case of opposition to the execution of the said rolls , it is our will that they should not be received until the said persons from whom they shall be due do in the first place consign the third of their taxes . we command all our officers , also those of lords , and all mayors , sheriffs , clerks , and other municipal officers of cities , towns and parishes of our kingdom , countries , lands and lordships , under our jurisdiction , to furnish him who shall be imployed by us for the recovery of the said taxes , extracts of the grants which they have made to any for the enjoyment of the said waters ; for each of which extracts , they shall be paid four sous for all charges , the stampt-paper being therein included . we do expresly discharge all those who shall find themselves comprehended in the rolls , enacted in the execution of our present edict , to oblige any of those who grant them , the enjoyment of the said waters , to vouch or make good the grant , in order to the re-demanding of the sums which they shall have paid unto us . we give it likewise in commandment to our beloved and faithful counsellors , those who hold our court of parliament , chamber of accounts , and court of aids at paris , that they cause this our present edict to be read , publish'd and recorded ( even in the vacation time ) and the contents thereof to observe and execute , according to the form and tenor , ceasing from , and making to cease , all letts and impediments which may be brought or given , any edicts , declarations , regulations , and other things to the contrary thereof in any wise notwithstanding , from which we have derogated , and do by these presents derogate . to the copies whereof , collated by one of our beloved and faithful counsellors and secretaries , it is our will , that credit be given as unto the original , for such is our pleasure . given at fountainbleau in the month of october , and the year of grace . and of our reign the d . signed louis , over against it boucherat , and underneath , by the king , phelypeaux , and feal'd with the great seal of green wax . recordèd and heard , at the instance of the king's attorney general , that it might be executed according to the form and tenor ; and the collated copies sent to the courts , baliwicks , and seneschalships of jurisdiction , there to be likewise read , publish'd and recorded , the substitutes of the said king's attorney general being commanded to give their assistance thereunto , and to certifie the court thereof in a months time , according to the act of this day . at paris in parliament novemb. . signed du tiller . finis . notes, typically marginal, from the original text notes for div a -e * an officer in the nature of a lord mayor . notes for div a -e * a prison so called . * captain of the w●●cle . an answer to a paper set forth by the coffee-men directed to the honourable, the commons in parliament assembled being reflections upon some propositions that were exhibited to the parliament for the changing the excise of coffee, tea, and chocolate into a custom upon the commodities. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an answer to a paper set forth by the coffee-men directed to the honourable, the commons in parliament assembled being reflections upon some propositions that were exhibited to the parliament for the changing the excise of coffee, tea, and chocolate into a custom upon the commodities. england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : -?] created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax protests and appeals -- england. coffee -- taxation -- england. tea -- taxation -- england. chocolate -- taxation -- england. broadsides -- england -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer to a paper set forth by the coffee-men ; directed to the honourable , the commons in parliament assembled . being reflections upon some propositions that were exhibited to the parliament , for the changing the excise of coffee , tea , and chocolate , into a custom , upon the commodities . they acknowledge the said paper seems to be in favour of the ●etailers of coffee , &c. and in reality it is so : because , as the tax before was up●n the liquor , many paid more than they ought , and many less : and therefore , they themselves petitioned the parliament , that there mig●t be an impost laid after this manner : and do not complain of the manner of the tax , but tha● the rates are too high ; when in truth , the tax is not half so high , as it is by the statute , if eve●y man paid his just due : and therefore , unjustly complain of the paper , as going about to ruine th●m , and their families . they accuse the paper of great falsities in the proportions of the co●●e , tea , and chocolate , to make the several quantities of liquors , though the proportions are the same as are used in most coffee-houses in and about london . and have set out a calculation of their own , which is much further from truth . but suppose their own calculation about the proportions of the quantities to be true . by the act , every coffee-seller is to pay eight pence per gallon for coffee ; sixteen pence per gallon for tea ; and sixteen pence per gallon for chocolate . now , by their own calculation , a pound of coffee makes ●wo gallons and an half of coffee liquor , which is to pay twenty pence . but by the paper , a pound of coffe● is to pay but ten pence . a pound of tea , by their calculation , makes nine galons of liquor , which by the act , at sixteen pence per gallon , amounts to twelv● shillings per pound . but by the paper , a pound of tea is proposed 〈◊〉 at five shillings per pound . chocolate , by the act , is t● pay sixteen pence per galon , and one pound makes but one gallon by their calculation . but this must be a false calculation : for if a ●ound of chocolate , which commonly is sold for four shillings pe● pound , will make but one gallon , and the gallon containeth , by their estimation , but twenty dishes ▪ which at three pence per dish , comes to but five shillings per gallon : now the duty being sixteen pence ▪ and the chocolate four shillings , amounts to five shillings and four pence per gallon ; so ●at they lose in every gallon four pence by the retailing of it , if their calculation were true . but if the calculation of the proportions in the paper , which was for milk-chocolate , and to be sold at two pence the dish ; or if one third part of chocolate be allow'd more to the same proportion of liquor to make it with water , and sold at three pence the dish , there would appear some profit to the retailer , which ought to be more believ'd than their calculation , which produceth loss . for cocao-nut , they make no objections ; so it 's taken for granted , that may pay one shilling per pound . so it plainly appears , by their own acknowledgment , that the rules set down in the paper , are not half so great as those already appointed by the act , if every man paid his full due . and it is not to be supposed , that the coffee-men designed , by their petition , to lessen the duty of the excise ; but to make it more equal , by changing it into an impost . and if they pay no more than they ought to do by the act , they have no reason to complain : and therefore they must acknowledge , that the paper was written with a design of ease and friendship to them , as well as out of service to the crown ; to improve the revenue to the king , and render the tax more easy to the subject . the consumption of coffee as appears by the coffee-mens calculation delivered with their petition , amounts to tuns a year , which by the statute pays d . per pound , is — . . . tea , pounds a year , at s. per pound , is — . . . chocolate , pounds at d. per pound , is — . . . cocao-nut , hundreds at s. per pound , is — . . . in all . . . whereas the rates proposed in the proposition for changing the excise into an impost , amounts to but — . . there is frequently sold in coffee-houses , these following liquors , which pay the duties , either of excise or customs , viz. coffee , tea , chocolate , mum , mead , metheglin , sider , perry , usquebaugh , brandy , aqua-vitae , strong-waters , beer , and ale. now , if all other invented liquors ( which pay no duty ) be prohibited under such a penalty as this honourable house shall think fit , it would cause a far greater consumption of those liquors that 〈◊〉 duties . finis . proclamation anent production of the tacks of the teinds of the bishopricks scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s ba estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation anent production of the tacks of the teinds of the bishopricks scotland. privy council. eliot, gilbert, sir, - . scotland. sovereign ( - : william and mary) sheet ([ ] p.) printed by the heirs and successors of andrew anderson ..., edinburgh, : . caption title. initial letter. reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax collection -- law and legislation -- scotland -- early works to . taxation -- law and legislation -- scotland -- early works to . church and state -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal emblems proclamation , anent production of the tacks of the teinds of the bishopricks . forasmuch as his sacred majesty , by his letter of the date the day of april last , did signifie to the lords commissioners of his thesaury , that it was his royal pleasure they should farm the bishops rents by way of roup , and that to one or more persons , as might be most for his majesties advantage : and did also declare his gracious inclination for the ease of his people , that a sum should be agreed upon , to be payed at the renewing of the tacks of teinds of the said bishopricks , and that the first offer thereof should be made to the heretors . and seing that before the roup go on , it is necessary to know if the tacks thereof formerly set by the bishops be expired or not . therefore the saids lords commissioners of their majesties thesaury with advice and consent of the lords of exchequer , have thought fit to delay the same , until the first day of november next to come ; to the effect that all heretors and others , who have tacks of teinds from the saids bishops , may produce them to the clerks of exchequer , betwixt and the first day of october ensuing , and whereunto they are hereby required . certifying such as shall failzie therein , that the collectors or tacksmen of the bishoprick rents , will proceed to uplift the saids persons their teiths ipsa corpora , or pursue for the value thereof . and that none may pretend ignorance , ordains these presents to be printed and published at the mercat-cross of edinburgh , and the other head-burghs of the respective shires of this kingdom . given at edinburgh the third day of august , . extractum de libris scaccarii , per me tho. moncreiff . god save king vvilliam and queen mary . edinburgh , printed by the heirs and successors of andrew anderson , printer to their most excellent majesties , . a full discovery of a foul concealment or a true narrative of the proceedings and transactions of the committee for the accompts for the common-wealth of england, with william bagwell and john brockedon accomptants, discoverers and plaintiffes against the committee of hartford, the treasurer and paymaster there in the year . licenced by authority. w. b. (william bagwell), b. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ]) a full discovery of a foul concealment or a true narrative of the proceedings and transactions of the committee for the accompts for the common-wealth of england, with william bagwell and john brockedon accomptants, discoverers and plaintiffes against the committee of hartford, the treasurer and paymaster there in the year . licenced by authority. w. b. (william bagwell), b. ? brockedon, john. [ ], , [ ] p. printed by james flesher, for nicholas bourne, and are to be sold at the south entrance of the royal-exchange, lodnon [sic] : . dedication signed: will. bagwell, john brockedon. imperfect: print show-through. annotation on thomason copy: "august. ." reproduction of the original in the british library. eng taxation -- great britain -- early works to . embezzlement -- great britain -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . hertfordshire (england) -- history -- th century -- early works to . a r (thomason e _ ). civilwar no a full discovery of a foul concealment: or a true narrative of the proceedings and transactions of the committee for the accompts for the c w. b b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a full discovery of a foul concealment : or a true narrative of the proceedings and transactions of the committee for the accompts for the common-wealth of england , with william bagwell and john brockedon accomptants , discoverers and plaintiffes against the committee of hartford , the treasurer and paymaster there in the year . luke . . nothing is secret that shall not be made manifest ; neither any thing hid that shall not be known and come abroad . licenced by authority . london , printed by james flesher , for nicholas bourne , and are to be sold at the south entrance of the royal-exchange . . to the right honourable the councel of state for the common-wealth of england . the humble petition of will : bagwell , and john brokedon accomptants , discoverers and plaintiffes in the behalfe of the said common-wealth , sheweth that your petitioners the third of july last , ( at the request of some of the souldiery ) did peruse and examine some of hartford accompts , and by an accompt by them drawn out , have discovered ( l . s . besides the value of armes and furniture for harquebushiers men and horse that served lesse then the number raised ) as discoverers for the common-wealth , whereof they have proved , l . or thereabouts by severall credible witnesses upon oath , the same being a branch of l . s . detained ( from the souldiery that were under the command of sir john norwich for weeks and days pay ) by the committee of hartford , their treasurer , paymaster , &c. of the said county , of which they have hitherto given no just accompt : the same being collected and received of the inhabitants of the said county for the satisfaction of the pay of horse harquebushiers , that they maintained at their charge , under the command of the said sir john norwich from the of august , to the of march . which detention &c. caused your petitioners to exhibit the said branch of discovery , of l . or thereabouts , with their complaint against the said committee &c. of hartford , before the honourable committee for the taking and receiving of accompts for the said common-wealth . that notwithstanding the many addresses to the said committee for relief , your petitioners were still frustrated of their expectations by their continuall delays and obstructions of their prosecution of the charge laid against the aforesaid committee &c. whereupon your petitioners upon the of january last continued their said prosecution of the said branch of discovery of l . or thereabouts , and notwithstanding their great charge and losse of time in their severall addresses to the said committee ( in the behalfe of the said common-wealth ) can hitherto have no relief , which tendeth to the great wrong of the common-wealth and souldiery , as by a true narrative of their proceedings and transactions , and the accompt ready ( when called for ) to be humbly presented to your honours , doth at large appear , and this discovery issuing from the military affairs , your petitioners humble suit is , that your honours will be pleased to take the premises into your pious and serious consideration , and thereupon if your honours finde it meet to nominate some worthy persons ( commissioners ) that are experienced in military affairs , to hear , examine , and determine the business , or otherwise to doe therein as to your grave wisdomes shall seem most agreeable to equity and justice , for the procuring an effectuall tryall and speedy end of the said discovery &c. for the present and future good and benefit of the common-wealth and souldiery &c. delivered april to the lord generall cromwell . and they ( as in duty bound ) shall ever pray &c. will . bagwell , john brockedon . a true narrative of the proceedings and transactions of the committee for the accompts of the common-wealth of england , with william bagwell and john brockedon , accomptants , discoverers , and plaintiffes against the committee of hartford , the treasurer and paymaster there , in the year . humbly presented to the right honourable the councell of states serious consideration , by the said bagwell and brockedon . that the proceedings of the said bagwell and brockedon in their addresse to the said committee of the accompts of the common-wealth , against the said committee of hartford , &c. which was in being in anno . may be rightly understood , it is in the first place to be noted , that in the said year by authority of parliament , a regiment of * horse harquebushiers were to be raised by the said committee of hartford under the command of s john norwich knight and baronet , colonell and captain of horse for the defence and preservation of the said county , which said regiment was continued under the said s john norwich his command , and in the said service from the of august , to the of march . at which time they were taken into the lord of manchesters marching army , during which time of their service under the said sr john norwich being weeks and days , the afore mentioned committee of hartford , for payment and discharge of the said regiment , assessed and received of the inhabitants of the said county monies sufficient to pay the aforesaid regiment of horse harquebushiers , for the time aforesaid , and yet neverthelesse have left the souldiery of the said regiment in arrear and unsatisfied for * weeks and days pay , they having paid the souldiery no more but for weeks onely . whereupon the said souldiery finding themselves aggrieved for the withholding of their due for the said weeks and days , did the of july last apply themselves to the said bagwell and brockedon , with some accompts of the said hartford committee , who upon view and examination whereof , they the said bagwell and brockeden , by accompts have discovered , † pound shillings , for the common-wealth : a branch whereof , of l. or thereabouts they have discovered , by edward coxe , john gates , gabriel baskervill , william allen , john hatton , charles booth , and other witnesses , that sr thomas dakers , mr barber , captain dauges , m. puller , and other commissioners in the year . and humphry packer senior , and humphry packer junior , then treasurer , and paymaster , or some or one of them , or some other by the direction of them the said committee of the county of hartford , or some other or others by their appointment , did assesse , collect and receive of the inhabitants of the said county of hartford , money sufficient to discharge the whole pay of the said souldiery ; and that the said committee , treasurer , and paymaster , or some or one of them , or others to their use , have detained , and do still detain , to the great wrong and prejudice of the common-wealth and souldiery , the said summe of a l . or thereabouts as a branch or part of b l . s . the said bagwell and brockedon finde to be owing to the said souldiery , for weeks and days pay due to them from the of august to the of march , as by accompt particularly it doth appear . whereupon ( according to the act and severall ordinances of parliament ) for redresse of the premises , in the behalfe of the said common-wealth , the said bagwell and brockedon by severall petitions have addressed themselves to the honorable committee for the taking and receiving of accompts for the common-wealth , which committee are required by the said act &c. to use all fitting means for the discovery of the truth , in and concerning the premises , as occasion shall require , and to certifie their proceedings to the honourable house of parliament , which they the said committee to this present refuse to doe , as by these ensuing passages more particularly appeareth . upon tuesday c the first petition was presented to the said committee at the dutchy house , who having read the same , sent for the petitioners before them , and told them that they should have an answer thereof the thursday following in the afternoon . upon thursday about one of the clock in the afternoon the petitioners repaired to the said committee for their answer to the said petition , and there attended ; but the said committee came not that afternoon , d but had left word with the door-keeper to tell the petitioners that they the said committee were to e search out some writings before they could give an answer , and therefore desired the said petitioners to come the next day , either in the morning , or the afternoon , and they should have their petition answered . upon saterday the petitioners sent two of their witnesses to the dutchy house , who spake with m. ieoffries the accomptant to the said committee ; who answered that if they would send in the a names of the committee of hartford , and others that detain their money from them , that then the said committee would send for them up , provided they could make it appear b : and the said ieoffries further said , that the committee at the dutchy house c made a question whether the county had paid the committee at hartford the money they were so charged with . upon tuesday the petitioners with of their witnesses were sent for in before the committee at the dutchy house , d who told them that they had sent a letter to the committee at hartford by the carrier , but knew not whether the said carrier had delivered their said letter , or no , for they had not then received their answer from the said committee . and after some debate within themselves the said committee sent out the aforesaid petitioners to have e the witnesses hands subscribed thereto ; which was accordingly done . then they desired the names of the committee and others against whom the charge lay ; f which was likewise sent in subscribed . then they told the petitioners g that the charge that was laid against the committee at hartford , must be answered by way of accompt , and examined by them , whereby it might the better appear whether the said committee were justly charged , which ( said they ) should be done before they would send for them up , to avoid future trouble and charge : to which the petitioners answered , saying , that the charge laid against the committee of hartford &c. was a discovery in the behalfe of the common-wealth , which they would prove by their h witnesses , and that it concerned not the accompts , and therefore if they pleased to send for the said committee &c. their witnesses were ready to testifie their charge upon oath : and herein the said petitioners desired to know their mindes ; whose answer was , that they should within few days have their answer , in the mean time wished that some of them would give their attendance to know their pleasure when they would send for them . upon tuesday the petitioners sent one john gates to the dutchy house to the committee that was there , who appeared not willing to speak with him , they sending their accomptant m. jeoffries to him , who told the said gates , that the committee had i sent a man for the accompts , but received as yet no answer : and the said gates replyed , saying , the petitioners desired an answer to their petition , and to prove their said charge , which could be done without such accompts . then the said m. jeoffries said , that if the petitioners have nothing to doe with the accompts , the committee would have nothing to doe with them ; that he knew their minde , and bid the said gates to take that for their answer . upon thursday the petitioners sent the said committee another k petition , in which they humbly desired their honours to appoint a day that they might present their witnesses , which they had in a readinesse to make proof of their charge ( as aforesaid , ) who having read the same sent for them , to come before them with two of their witnesses being then present : the said committee then seemed to be very affable , a and desired that one or two of them would attend them on tuesday next , and said that they had written to the committee of hartford , and that if in case they did not hear from them by that time , they would grant their warrant to be sent to them by a messenger that might make affidavit thereof , and that the petitioners demands in the said petition was but b l . and that money being brought in , it would satisfie the businesse without further trouble . whereupon iohn brockedon replyed , saying , that he and william bagwell ( the said petitioners ) would attend them upon tuesday next , which was agreed upon . upon tuesday the said petitioners attended the said committee , and being sent for in before them , the said brockedon intimated that according to their honours direction , they came for an answer to their petition delivered the of this moneth : whereupon m. henry robinson the chair-man said , there was a warrant drawn up by their direction , which the said petitioners should have to send by one that could make affidavit of the delivery thereof , and that it should be sealed up and directed to the committee at hartford . whereupon the said brockedon replyed , saying , under correction it is proper we should know what is written in the warrant : c and they or one of them said it was but reason . then the clark of the said committee said , the petitioners and the rest might withdraw themselves , and he would register the said warrant , and thereupon by order of the said committee they did withdraw themselves out of the room and attended . then m. robinson came forth d and told the petitioners that the effect of the warrant was for the committee of hartford to bring in their accompts , and the money they are charged with , forthwith . and the said brockedon replyed and said , viz. we have nothing to doe with the accompts concerning this businesse , we are for the common-wealth , and desire our witnesses may be examined , which we have in readinesse to make good our charge . to which the said m. robinson replyed again saying , pray give leave that the money may first be demanded , and if you can have it without further trouble , e what need your witnesses be examined ? send away the warrant ( saith he : ) and so departed , and all the rest of the committee went also out of the room where they sate . and a little after the clark brought forth a packet directed to m. barber , captain davis , m. puller , and the rest of the standing committee for the county of hartford , and delivered the same to the petitioners ( which was sealed up and directed as aforesaid ) who desired of the said clark a copy of the said warrant , and of what is contained touching their businesse in the said packet : whereupon the said clark answered and said , that he had no order from the committee to give any copies : and so departed . the same tuesday in the afternoon the said petitioners plaintiffes a delivered the said packet to one iohn hatton their messenger , who went the thursday following to hartford , and delivered the same to captain dauges ( one of the committee there ) who brake the said packet open , and when he had read the contents thereof , he said he understood it not , and wished the said messenger to carry the same to the standing committee , promising him by the faith of a gentleman he would meet him there : whereupon the said messenger took the said packet , and by the direction of the said captain dauges did deliver the same the saterday following to the said committee , b who very much slighted the businesse , and told him they would send their answer by their own messenger and not by him . at which meeting the said captain dauges ( contrary to his ingagement ) appeared not . upon tuesday the plaintiffes and two of their witnesses repaired to the said committee at the dutchy house , and being called before them , the chair-man m. robinson , demanded what they desired ; and the said brockedon replyed saying : we have brought our messenger to make affidavit of the delivery of your honours warrant to the committee at hartford according to your direction , which was done upon saterday the of this moneth . the said chair-man answered , that he should not need to make affidavit , for they had received an answer from the said committee of hartford , and did read part thereof , expressing that they had no notice of what c ordinance gave them power to receive the money they are charged with . and after some discourse , they wished the said plaintiffes to attend their accomptant the d next morning , and he should shew them the book of ordinances , and acts of parliament , and the accompts they had , to compare them : the which was effected the day following . and the plaintiffes having seen , and not onely taken notice of what was most conducible to their proceedings , but also what may conduce to the future benefit of the common-wealth , they departed . upon thursday the plaintiffes e presented another petition to the said committee desiring ( in the behalfe of the common-wealth ) that their honours would give order , that the copy of the accompts and every particular thereof , according to the originall given to their honours by the said packer treasurer , may be in a short time delivered unto them , and that their witnesses may be forthwith examined , and their said charge prosecuted &c. and likewise a copy of their honours warrant sent to the committee of hartford and their answer thereupon , ( f which they refused to let them see ) or that their honours would be pleased to return their transactions , that they may with the copies aforesaid otherwise seek the right and benefit of the common-wealth . g which petition when they had read , they went all away one by one , and not one of them would vouchsafe to speak a word with the said plaintiffes , yet left their answer with m. ieoffries , which was to this effect , viz ▪ a the committee ( said he ) wished me to tell you , that they the said committee , know not whether they have power to proceed b before they see the act of oblivion that is expected to come forth : and that the said act did so farre free those from being called to accompts that are past , that therefore they could not proceed before the said act came forth : and wished the said plaintiffes to attend the committee again the tuesday following , when they should have their answer . upon tuesday the said petitioners plaintiffes bagwell and brockedon , after notice given to the committee of their attending for an answer according to the aforesaid directions of the of the last moneth , and after about two hours attendance c the committee came forth ( who appeared not willing to speak with them ) but went away all of them , onely the chair-man m. robinson , whom by accident the plaintiffes found in another room apart , and then the said plaintiffes took an occasion to put him in minde of their businesse : who after some discourse told the said plaintiffes that order was given that their the said plaintiffes desires should be granted ; and the said brockedon thereupon pressed and said , that he and the said bagwell had been there a long time with their witnesses to be examined , and that their affidavits were ready drawn that they might take their oaths . when the said chair-man heard that , he went his way after the rest , and then came forth m. ieoffries their accomptant , and said , d that the plaintiffes should have the copies of the accompts paying for them : and he being demanded what he would have , he answered saying , that he could not tell , but as he might draw them , they would come to e above five pounds : and further said , that he would have twenty shillings in hand before he would begin to draw out the said accompts . upon thursday the said plaintiffes so soon as they got their witnesses together , went with f another petition at the usuall time before the committee rise at the dutchy house : g but they were all gone , and so the said plaintiffes kept the said petition to be delivered the next sitting day . upon tuesday the said petitioners plaintiffes presented unto the said committee at the dutchy house the said petition , intending it to be their last unto them in this businesse , wherein they gave the said committee a hint of the act of the of october , which gives power to the said committee to take the oathes of two credible witnesses , that can testifie any discovery ( as aforesaid ) and that they the said plaintiffes had often attended their honours with severall witnesses to prove upon oath their aforesaid charge exhibited before them against the committee of hartford &c. that was in being in the year . and having their witnesses in a readinesse with their affidavits drawn up , humbly desired their honours to take their oathes , and that they would likewise please to give order , that ( according to their desires in their former petition ) they might have the copies of the accompts for the future benefit of the common-wealth , that thereby they might without any further delay proceed for the right and benefit thereof . the plaintiffes ( after an houre and halfes attendance ) were by the said committee sent for into the room where they sate , and there being a full committee , the then chair-man stood up and said to the plaintiffes , viz. we have read your petition , a and notwithstanding we have much businesse , yet in short , the copies of the accompts you desired b we have not denyed them , and you may have them , as we have already ordered : and we doe not deny to take the oaths of your witnesses , c if you will assigne out any particular summe , and the particular party , or parties , that hath received more then he hath paid . to which the said brockedon ( one of the said plaintiffes ) replyed saying , we can prove by our witnesses that there is detained weeks and days pay ( as hath been often repeated ) due to the souldiery , that was collected and received of the inhabitants of the county of hartford by that committee , d or others under them , against whom the charge is . and before the plaintiffes could presse further to have the oath administred to the witnesses , then and there present , the said chair-man with the hammer in his hand said that they were in haste , and desired that the plaintiffes would take what they had exprest for an answer ; and withall ( to prevent the said plaintiffes further reply ) took the bell in his hand and rung it . whereupon the said brockedon said , we must then take this for an answer . and so the committee rose , being as weary of the plaintiffes importunity on the common-wealths behalfe , as they the said plaintiffes were of their delays . whereupon the said petitioners plaintiffes and discoverers for the common-wealth , finding by wofull experience nothing but delayings and continuall discouragements to themselves and their witnesses , and that all proceedings tended to perplex and tyre them out with fruitlesse answers and attendances , and that they were at last dismist without any appointment for further hearing , and thereby deprived of all further hope of satisfaction from the said committee , they the said bagwell , and brockedon to make it appear to your honours , and to whomsoever shall be concerned in the knowledge thereof , that they have not undertaken a discovery of the premises upon slight , but sound and solid grounds , deemed themselves bound in conscience as well for vindication of their integrity , as in service to the common-wealth , to cause some few of their witnesses being but seven in number , upon their oaths e before a master of the chancery to testifie what they knew concerning the said discovery , all concurring in effect and reall substance with these two which hereafter followeth . edward coxe of martin in the fields in the county of middlesex yeoman , of the age of fifty and four years or thereabouts , maketh oath , that the committee of hartford , or their treasurer humphrey packer senior , or humphrey packer junior paymaster , or some or one of them , or others to their use , doe to this day detain two thousand five hundred pounds , or thereabouts , for thirteen weeks and three days pay due to the souldiery under the command of sir john norwich , from the of august , to the of march , of the monies raised and collected of the inhabitants of the said county of hartford for the satisfaction of the said souldiers pay for the full time aforesaid of their service of the said county , under the command of the said sir john norwich as aforesaid . edw. coxe . sworn the of march . john page . gabriell baskervill citizen and stationer of london , of the age of fifty and two years or thereabouts , maketh oath that the committee of hartford , or their treasurer humphrey packer senior , or humphrey packer junior pay-master , or some or one of them , or others to their use , doe to to this day detain two thousand five hundred pounds or thereabouts for thirteen weeks and three days pay due to the souldiery under the command of sir john norwich , from the of august , to the of march , of the monies raised and collected of the inhabitants of the said county of hartford for the satisfaction of the said souldiers pay for the full time aforesaid of their service of the said county , under the command of the said sir john norwich as aforesaid . gabriell baskervill . sworn the of march . john page . by these two affidavits ( the reall effect and substance whereof hath been attested upon the oathes of a seven credible persons , and will , if need be , be made good by a cloud of witnesses ) it is cleerly manifest , that the said bagwell and brockedon , discoverers for the common-wealth , are more then sufficiently provided to make good their said charge and discovery , and may justly minister occasion of enquiry , what might be the cause that the committee for the accompts for the common-wealth of england , sitting at the dutchy house ( unto whose care , affairs of this nature are intrusted by the parliament ) have so delayed , deferred , and wearied out , these discoverers , affording them neither pertinent proceeding , proper hearing , tryal , or determination , answerable to what , according to an act , and ordinances of parliament was justly expected , by occasion whereof ( if this kind of dealing should be smothered ) will necessarily insue as is justly to be feared , viz. a great incouragement to the committee and others that are accomptable to the common-wealth , to continue their unjust and perverse dealings , whereby they enrich themselves by the ruine of others . a grief to the people who pay their monies they were assessed and taxed , to see the same employed to no better purpose . a discouragement to those that bring in discoveries at their great charge and expence of time , for the benefit of the common-wealth , considering how they are slighted , and hopelesse of any good to be done therein . a disheartning to the souldiery who have hazarded their lives and fortunes in their actuall service for the defence of the common-wealth , b to be thus defeated of their salary . upon all which they these discoverers for the common-wealth , william bagwell , and john brockedon , with the souldiers and others concerned herein , doe all humbly intreat your honours most serious observation , whether the parliaments care and trust in things of so great concernment to the common-wealth , the dues of souldiers , and rights of discoverers have ( in these proceedings ) found that faithfulnesse and just respect , as was agreeable with christianity and a good conscience , or the contrary ; and where it shall appear to your honours that the common-wealth hath been , or is like to be prejudiced through the neglect , or partiality of any , that you will be pleased to employ your most effectuall endevours , as to your grave wisedomes shall seem meet , for a through and speedy remedy ; and that the discovery afore mentioned may be brought without such delays and chargeable ( yet fruitlesse ) attendance , to a speedy issue &c. an accompt of the charge of horse raised for the service of the county of hartford , under the command of sir john norwich knight and baronet colonell and captain of horse , from the of august , to the of march . for which there was money collected of the inhabitants of the said county , and paid to the committee &c. of the same county , to satisfie the pay of the said sir john , and his officers , and troopers &c. the weekly pay .     l. s. d. l. s. d. sr john norwich as colonell and captain of horse cap. lieutenant deane john edwin cornet iohn mehewe quarter-master iohn scot corporall william ioyce corporall thomas muncaster corporall iohn gardner scout-master humphry packer junior clark thomas hunt master of the armes iohn eels trumpeter iohn hawkings trumpeter thomas west sadler samuel ventris marshall troopers harquebushiers at s . d . each of them per week is this troop of horse is per week captain thomas brudnall lieutenant iohn holmes ioseph barber cornet iohn penefather quarter-master iohn benson corporall william graves corporall giles sydrake corporall iohn levistone trumpeter troopers harquebushiers at s . d . per week each of them is , this troop of horse is per week captain thomas moulson lieutenant simon altoffe robert fitz williams cornet stephen taylor quarter edward faircloth corporall richard gwynn aliàs gynn corporall christopher morecraft corporall iohn sawell trumpeter edward davis trumpeter troopers harquebushiers at s . d . each of them per week is , this troop of horse is per week   the troop of horse is per week   the troop of horse is per week   horse in service which in toto is per week * wanting troopers and horse to make up the number of horse , there being monies raised and paid to the said committee &c. for so many for the defence and preservation of that county &c. the weekly pay     l. s. d. of sir john norwich and his clark is of officers and troopers is     of troopers wanting that served not the weekly pay of the horse amounts to from the of august to march . : the said regiment served in this service . the time the days   weeks and days . in the moneth of august is september october november december ianuary february march in toto days — -weeks — — and days- whereof deduct weeks paid the souldiery — remains unsatisfied to for weeks — - and days — which weeks and days pay due to the said officers and troopers ( besides the pay of sir iohn norwich and his clark ) at l. s. per week amounts l. s. d. to the summe of — — — more due to the common-wealth for the pay of troopers harquebushiers that wanted of the number of which should have served under the command of the said sir iohn norwich at s. d. per week each of them for weeks and days is — — — more due to the common-wealth for horse wanting of the number of horse raised for this service , which at the common-wealths rate of l. per horse amounts to — — — the totall summe discovered by the accomptants discoverers is — — — whereof the witnesses prove upon oath — — — and by accompt appears to be discovered more — — — in all discovered as above — — — the common-wealth of england . debtor . per so much the said committee &c. per contra paid to sir iohn norwich as colonell and captain of horse at l. s. per week , and to his clark or paymaster at l s. per week , is for both l. s. per week l. s. d. for weeks and days amounts to — — — per so much the said committee &c. paid to officers and troopers that served under the command of the said sir iohn norwich for weeks service onely , which as in folio . at l. s. per week amounts to — — - the ballance due from the said committee &c. to the common-wealth by this accompt the of march carried to the credit side of the said common-wealth in fol. . is- — - — - the common-wealth of england . creditor , per monies collected and paid by the inhabitants of the county of hartford by ordinance of parliament , to the committee &c. of the same county for the pay of horse harque-bushiers raised under the command of sir john norwich , colonell for the defence and preservation of the said county from the of august to the of march , being weeks and days , due to the said sir john as colonell and captain of horse , and to his officers and troopers as by this accompt in fol. at l. l. s. d. s. per week amounts to — — — creditor , per the ballance per contra fol. of the abovesaid accompts owing by the committee &c. of hartford the of march — — — per horse wanting of the horse raised as abovesaid , and served not , under the command of the said sir iohn norwich , which at the common-wealths rate of l. per horse amounts to — — — — - per the value of armes and furniture for the men and so many horse that wanted of the number of raised , which served not the summe of - per interest of the whole from the of march to this present the summe of — will . bagwell , john brockdon . the lord generall cromwell being moved concerning the printing and publishing of this narrative , approved that it should be printed , because it was for the publick good . licenced by authority . finis . notes, typically marginal, from the original text notes for div a e- * horse acknowledged to be raised in an abstract of an accompt examined and subscribed by henry gardner , thomas knightley ; john slany . * note that weeks and days pay remains yet unsatisfied as it appears by severall affidavits , &c. † as appears by accompt at the end of this narrative . a by severall affidavits . b as it appears by the said accompt . . january . c the first petition . january . d the first delay . e whereas there was no need of any writings or search at all . january . a the names of the committee were sent in , and the charge laid against them , which was accepted of from the petitioners as a charge the of febr. following . b the d delay . c the petitioners prove the county hath paid the money . d note their slighting of businesse of so great consequence for the publick good . february . e they did at that instant all subscribe thereto . f the charge sent in . g the d delay . h what need accompts where the proof is personal ? february . i the fourth delay . february . k the d petition . a the fifth delay b the committee made the petitioners beleeve that money should be brought in to satisfie the souldiery . february . c the committee agreed the petitioners should see the warrant before it was sealed up . d now they must not see the said warrant . e here the committee refuse to take the oaths of the witnesses then presented to them . a notwithstanding all their delays the petitioners were fain to send one at their own charge . b note how the committee at hartford slighted their warrant , and the infidelity of captain dauges . february . c how could they assesse and receive monies without an ordinance of parliament ? d the sixth delay . february . e the d petition f they would neither let them see the warrant sent , nor the answer thereupon . g out at the back door . a the seventh delay . b the committee expecting to have had some relief by the act of oblivion ; would give the petitioners no answer before they saw the said act . . march . c the committee finding no reliefe by the said act of oblivion , would not speak with the petitioners . d the eight delay . e note their accomptants exactions upon the publick service . march . f the petition . g the delay . march . a the delay . b they say they deny them not , and yet the petitioners cannot have them . c they say again they deny not to take their oaths , & yet refuse to give them their oaths , though they were there presented for that purpose . d the particulars whereof was already delivered to the said committee the third of febr. last . e in regard the committee would not administer the oath unto them . a edward coxe , gabriel baskervil , lancelot whiteing , john gates , charles boothe , richard gwyn , john wanl●y . b the petitioners can prove ( that the committee of hartford , or one of them did say , that if they must pay the souldiery , they could but pay them at last ) by these witnesses viz. edw. coxe , john scot , william steward , richard gwyn , john hatton , and divers others . notes for div a e- * the horse ( of the number raised ) wanting proved by the muster roll that is examined and subscribed by thomas keightly , & henry gardner . an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, . england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance, made by the lords and commons in parliament assembled, for the better and more speedy execution, of the late ordinance of the . of november, . england and wales. parliament. sheet ([ ] p.) printed for robert dunscomb, london : january , [i.e. ] apparently the same setting of text as steele i, with an ornamental rule and "at the committee of lords and commons for advance of money and other necessaries for the army. .." added at bottom of text. order to print signed: jo. browne cler. parliamentorum. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- law and legislation -- early works to . great britain -- history -- civil war, - -- finance -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance , made by the lords and commons in parliament assembled , for the better and more speedy execution , of the late ordinance of the . of november , . whereas according to an ordinance and declaration of the lords and commons assembled in parliament , of the . of november last , the persons whose names are subscribed are appointed and since approved of , by both houses of parliament , to be assessors and collectors of it is now ordered by the lords and commons assembled in parliament . and the said persons , are hereby required and authorized , upon the receipt of this order , forthwith to proceed , effectually and diligently , to execute the said ordinance , according to the tenor thereof , in every behalfe , without omission , favour , dread , malice , or any other thing , to be attempted , by them , or any of them , to the contrary thereof : and for that end ; it is further ordained and declared : that the said assessors , shall hereby have authority to call before them , as well such persons , as they shall thinke fit to their assistance : as also , all or any such persons , as are to be assessed . and the said assessors shall appoint the said collectors , in their severall divisions and precincts , for gathering the sums that shall be assessed ; and give notice of the summe and summes of money , at which every person , in their divisions and precincts shall be particularly assessed . and whereas it is expressed , in the said ordinance , ( so as the assessement exceed not the twentieth part of the estates of the persons to be assessed ) it is hereby declared , for prevention of all inequality in the said assessement : that if the said assessors , or any foure of them , proceeding in their assessement according to their judgements , and best information , shall assesse any person , above the twentieth part of his estate ; and that the person so assessed , doth find himselfe grieved , with the same assessing or rating : that then the party so assessed , ( paying one moiety of the summe he shall be assessed at , within sixe dayes next after assessement , and notice thereof given , or left , at the dwelling house of the party so assessed ) may , ( during sixe daies , after his having paid the said moiety , as aforesaid ) have liberty , and may addresse himselfe for remedy and reliefe , unto the persons nominated by the said ordinance , to nominate the assessors , or any foure of them , and may tender his voluntary oath , or protestation , to such persons , that he is over-rated , and of the true value of his estate ( if he please ) and after due examination , and perfect knowledge thereof had , and perceived ; the said persons authorized to nominate assessors as aforesaid , or any foure of them , shall hereby have power to order such abatement of the said assessement , according as shall appeare unto them just , and equall upon the same examination . and it is hereby further ordained and declared , that the person so assessed and sworne , shall within three dayes next after the order of abatement , in that behalfe made , pay unto , or be repaid by the treasurers who received the other moiety of such assessement , such summe or summes of money , as by the said order of abatement shall be appointed : and in case the said person , so sworne and assessed , shall not pay within the said three dayes , next after order of abatement made , the summe thereby ordered to be paid ; that then the same summe , shall be recovered by distresse , or otherwise , as is provided in the said ordinance of the . of november last , ( in case the summes assessed shall not be paid into the guild-hall , london , according to the true meaning of the same ) and if it be proved by witnesses , or by the parties owne confession , or other lawfull wayes or meanes , within sixe monethes after any such oath made , that the same person so rated , and sworne , was of any better or greater estate , in lands , goods , or other things above specified , at the time of the making the said ordinance , then the said person so sworne , did declare upon his oath . that then every person so offending , shall lose and forfeit , so much lawfull money of england , as he the same person so sworne , was first assessed at , or taxed to pay , by vertue of the ordinance aforesaid : to be recovered , by distresse , or otherwise , as is provided , in the said ordinance of the . of november last , ( in case the summes of money to be assessed by vertue of the said ordinance shall not be paid into the guild-hall london , according to the true meaning of the same ) and it is hereby further ordained and declared , that the said assessors and collectors shall incurre no damage by reason of their over-valuing the estate of any person assessed , or to be assessed , or recovering or receiving the same , by vertue of the ordinance aforesaid , unlesse some corruption or indirect carriage therein , shall be proved in parliament against them . ordered by the lords and commons a●●●●bled in parliament that this ordinance be forthwith printed and published . jo. browne cler. parliamentorum . at the committee of lords and commons for advance of money and other necessaries for the army . it is ordered that the assessors of the ward or place hereunder written , for raising money , according to the ordinance of the . of november last , doe forthwith give under their hands , or of foure of them , to the collectors of the same ward or place , a roll of the names of such persons as are by them assessed , and of the severall summes of money , at which they are assessed . and so from time to time , untill all the persons in the said ward or place ( which the said assessors shall hold meet ) shall be assessed . and that the said assessors deliver forthwith in writing , and so from henceforth weekly , unto the clerke of this committee , the names of the persons , and the summes of money so assessed . and that according to the said ordinance , and of another ordinance of the . of this instant december , notice be given or left at the dwelling houses of the persons assessed , to pay in the summes of money , at which they are assessed , according to the said ordinance . and it is further ordered , that the collectors of each ward and place , doe deliver in writing , to the clerke of this committee , an accompt of the monies levyed or received , or to be levyed or received , and of the severall dayes that notice was given to the parties assessed , of the assessement aforesaid , every fryday in the afternoone , at haberdashers hall , london . whereof they are not to faile . ordered that this be printed , and the names of the assessors and collecters in each ward and place be underwritten by the clerke of this committee , and sent to them forthwith . london printed for robert dunscomb . january . . die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions reported and allowed, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions reported and allowed, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by richard cotes, london : . title from caption and opening words of text. includes two other resolutions concerning delinquents, dated and may respectively. signed: hen. scobell, cler. parliament. reproduction of the original in the british library. eng taxation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions report england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . maii , . resolved , &c. that all such delinquents that have compounded at goldsmiths-hall , and their compositions reported and allowed , and their ordinances passed both houses of parliament , shall pay in their monies according to their compositions , without expecting any further reveiw ; and that all those whose reports are made , and ordinances passed this house , and not passed in the house of peeres , upon what pretence whatsoever , except for the breach of articles , shall pay in their monies as aforesaid without expecting any review . hen. scobell , cler. parliament . die sabbathi , . maii , . ordered by the commons assembled in parliament , that the cases of all such delinquents , as were appointed by order , to be taken into consideration this day , be referred to the committee at goldsmiths-hall , to hear and determine the same , as the merits of their particular cases shal require , according to the rules formerly given by this house . hen. scobell , cler. parliament . die mercurii , maii , . resolved upon the question by the commons assembled in parliament , that the reports of all such fines as have not past either house shall bee forthwith drawn up and presented to the commissioners mentioned in the act , entituled , ( an act prescribing certain times to delinquents for perfecting their compositions , ) for their approbation in order to a finall discharge . resolved , &c. that the said reports shall be made to the commissioners in order of time as they were set , and not otherwise . resolved , &c. that such reports being made , and the fines allowed and confirmed by the said commissioners , a finall discharge shall issue forth to every such compounder , according to the authority and directions expressed in the said act ; and if any compounder shal not pay in his whole fine within six weeks after his composition shall be allowed and confirmed as aforesaid , that then he shall incurre the full penalties expressed in the aforesaid act . resolved , &c. that the cases of all delinquents compounders , who have petitioned for mitigation of their compositions , and all such whose reports are not yet made to this house , and are ordered to be specially reported ( except all such as are secluded by the vote made the th . of may , . shall be , and hereby are referred unto the commissioners at goldsmiths-hall , to hear and determine all the said cases , the said commissioners proceeding therein according to the rules for compositions given them by the house , and according to such articles , as the compounder hath just right unto , the said articles being allowed and confirmed by both or either house of parliament . ordered , that these votes be forthwith printed and published . hen. scobell , cleric . parliament . london printed by richard cotes , . a proclamation, for the better inbringing of the pole-money, imposed in anno . scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, for the better inbringing of the pole-money, imposed in anno . scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to his most excellent majesty, edinburgh : . caption title. initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the third day of october, and of our reign the seventh year, . signed: gilb. eliot cls. sti. concilii. imperfect: torn with some loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation , for the better inbringing of the pole-money , imposed in anno . william by the grace of god , king of great britain , france 〈◊〉 ireland , defender of the faith , to _____ macers of our privy council , messengers at arms , our sheriffs in that part conjunctly and severally , specially constitute , greeting ; forasmuchas , by the act past in the last session of our currant parliament , entituled , act for pole-money appointing the lists and rolls of poleable persons to be made and recorded , in manner therein exprest ; it is also ordered , that an abstract thereof should be sent to the lords of thesaury , between and the first of this instant month of october , which day is now past ; and seing the said day neither was , nor could be observed , because of the lateness of the present harvest , and the broken and uncertain weather of 〈◊〉 season : therefore vve , with advice of the lords of our privy council , have thought fit to prorogat , a●● hereby prorogates the said day to the first of november next , ordaining the foresaid abstracts to be sent into the lords of our thesaury , betwixt and that day , as if the first of november , in place of the first of october had been set down in the foresaid act of parliament . and to the effect that the orders contained in the late proclamation of our privy council , for collecting the said pole-money may be the better observed , and the collectors for shires and paroches therein-mentioned more encouraged , vve have farder thought fit , with advice foresaid , to allow for the payment of the saids collectors five per cent. of their respective collections , 〈◊〉 wit , three per cent : to the collectors for paroches , and two per cent. to the collectors of shires , in manner prescribed in the former proclamation . and because there is a general question arisen , anent the ●●ole of ministers , whether they be only to pay the single pole of six pence , or to be reckoned in the class of , and pay as gentlemen : it is hereby declared , with advice foresaid , that all ministers of the gospel within this kingdom , are to be reckoned in the class of , and to pay as gentlemen . and because it is informed that several heretors refuse to give up lists , and to make the division amongst their tennents of their valued rent , conform to the tennents respective possessions , in manner prescribed by the act of parliament , alledging it sufficient that they , the heretors pay for their respective valued rent in cumulo . as likewise , that elders refuse to give up lists , in manner prescribed by the foresaid act of parliament , and proclamation of council . and farder that the tutors and curators of minors refuse to give an account upon oath , of the value of their pupils and minors moveable estates , in manifest defraud of the foresaid pole : therefore vve , with advice foresaid , do hereby ordain , that in all and every of the said cases , the persons refusing as said is , shal be lyable to be charged with horning , to give due obedience : and that letters be raised at our sollicitors instance , and put in the hands of the respective collectors of supply , in the several shires , to be by them duely execute , upon our expenses , as they will be answerable . and because that in some paroches , there may be but one or no residing heretor , nor commissioner to take up lists within the same and execute the other orders , conform to our former proclamation ; therefore in such cases , vve here 〈◊〉 allow and ordain the commissioners of the shires within which the saids paroches lyes , to nominat and appoint an substantial man or two , within the saids paroches , to take up the foresaid lists , and execute the other orders , proper for commissioners of paroches , mentioned in the former proclamation . our vvill is herefore and we charge you strictly , and command , that in continent these our letters seen , ye pass to the merc●●● cross of edinburgh , and to the mercat-crosses of the whole head-burghs of the several shires and stewa●● cries within this kingdom , and there , in our name and authority , by open proclamation , make intimation hereof , that none may pretend ignorance : and ordains these presents to be printed and published . given under our signet at edinburgh , the third day of october , and of our reign the seventh year , . ex deliberation dominorum sti. concilij . gilb . eliot , cls. sti. concilij . 〈…〉 by the 〈…〉 and successours of andrew anderson , printer to his most 〈…〉 . the speech of sir charles sidley in the house of commons sedley, charles, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of sir charles sidley in the house of commons sedley, charles, sir, ?- . sheet ([ ] p.) printed for l.c. ..., london : . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax protests and appeals -- great britain. great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - chris scherer sampled and proofread - chris scherer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of sir charles sidley in the house of commons . we have provided for the navy , we have provided for the army , and now at the latter end of a sessions here is a new reckoning brought us , we must provide likewise for the civil list : truly , mr. speaker , it is a sad reflection that some men should wallow in wealth and places , whilst others pay away in taxes the fourth part of their yearly revenue for the support of the same government ; we are not upon equal terms for his majesties service , the courtiers and great officers charge as it were in armour , they feel not the taxes by reason of their places , while the country gentlemen are shot through and through with them . the king is pleased to lay his wants before us , and i am confident expects our advice upon it : we ought therefore to tell him what pensions are too great , what places may be extinguish'd during this time of war and publick calamities . his majesty is encompass'd with , and sees nothing but , plenty , great tables , coaches and six horses , and all things suitable ; and therefore cannot imagine the want and misery of the rest of his subjects : he 's a wise and virtuous prince , but he is but a young king , encompassed and hemm'd in among a company of crafty old courtiers , to say no more of them , with places , some of three thousand , some of six , and some of eleven thousand : i am told the commissioners of the treasury have three thousand pound a year a piece : certainly such pensions , whatever they may have been formerly , are much too great in the present want and calamities that reigns every where else , and it is a general scandal , that a government , so sick at heart as ours , should look so well in the face . we must save the king money where ever we can , for i am afraid our work is too big for our purses , if things be not mannaged wi●… thrift imaginable . when the people of england see that all is saved that can be saved , that there are no exorbitant pensions nor unnecessary sallaries , that all is applved to the use for which it was given , we shall give and they will cheerfully pay whatever his majesty can want to secure the protestant religion , to keep out the king of france , i , and king james too : whom , by the way , i have not heard named this session , wheter out of fear , respect or discretion i cannot tell . i conclude , mr. speaker , let us save the king what we can , and then let us proceed to give him what we are able . london , printed for l. c. near fleet-bridge . . a serious epistle to mr. william prynne wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next leafe. by j. hall, of grays-inne. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a serious epistle to mr. william prynne wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next leafe. by j. hall, of grays-inne. hall, john, - . [ ], p. printed for john place, and are to sold at his shop at furnifolds-inne gate, london : . a reply to prynne's: a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people. reproduction of the original in the gonville and caius college library, cambridge. eng prynne, william, - . -- legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people -- controversial literature -- early works to . england and wales. -- parliament -- early works to . civil rights -- england -- early works to . taxation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing h a). civilwar no a serious epistle to mr. william prynne, wherein is interwoven an answer to a late book of his, the title whereof is inserted in the next le hall, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a serious epistle to mr. william prynne , wherein is interwoven an answer to a late book of his , the title whereof is inserted in the next leafe . by j. hall , of grays-inne . prov. . and . thou art snared with the words of thy mouth , thou art taken with the words of thy mouth . do this now my sonne , and deliver thy self ; when thou art come into the hand of thy friend : go , humble thy selfe , and make sure thy friend . london , printed for john place , and are to be sold at his shop at furnifolds-inne gate , . to him that will read . that this book hath come later from the presse , then either stands with the celerity of the adversary , or duty and obligation of the author , it will be hoped you will be enclin'd to forgive , when yov once are assur'd that a treatise of almost ten-times the bignesse of this , might have come abroad in the time this was a making ready ; notwithstanding all clamours and expostulations ; and therefore the author may promise himself so much justice , as to be rescued from the savagenesse of their opinions , who dam all things not immediatly falling under their concern , or complying with the pettishnesse of their own humour . a legall vindication of the liberties of england , against illegall taxes and pretended acts of parliament , lately enforced on the people : or , reasons assigned by william prynn of swainswick in the county of somerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately ●mposed on the kingdome , by a pretended act of some commons in ( or rather out of ) parliament . to mr. william prynne of swainswick greeting . mr. prynne . you will scarcely believe , what an high obligation , you have lately put upon all men , that can but the lest discover between good and evill in books , and how much you were likely ▪ to have further indeered your self to them , by the continuance of your patience and silence . for whereas you were accustom'd usually once a week to great them , with a small trifle of some twenty or thirty sheets ; and thereby either incurre their indignation or laughter ; you have been of late graciously pleased to withdraw your benevolences of that nature , and ●o put them in hopes that you would no more lend an hand to the multiplication of evill things : nor any more beare a part in the variety of those hideous noyses , which doe now distract and deafen europe . but indeed ( this is but a friendly congresse , and we must be free and open ) your silence to me was very omnious and full o● bad signification ; nay , i must confesse to you ; far more dreadfull then the opening of the mouth and speaking . for having found and experimented that your nature was such that it could no more forbeare scribling then a paralytick his shaking , or one bit with a tar●●tula his dauncing , i began to feare and tremble lest either you were in l●bour with some great voluminous work , which like a leviathan ▪ would swallow up all the paper , and be a means to raise ballads and pamphlets , from three farthings to a penny a sheer , or else that you were intended shortly to depart this world ( as the volentary slipping of fistula's and issues betoken death to the party ) and so not live a while to survive your progeny , and see the memory of them lost among men . but indeed i was of late doubly undeceived , for i both found ( to my amazement ) that you were alive , as also that your late book was but eight sheets , which indeed for that very cause i should have bastardiz'd and disclaimd for being yours ; but that i therein found that a many profuse and impertinent dashes did absolutely characterize it yours , and besides i saw abundance of quotations , which i suppose no other man would upon that occasion have plac't there . now finding your book ( as i said ) so short and withall so little to the question ; a kindly itch and lechery presently tickled me to answer it , & the rather because i suppose i might gratifie you in giving you an occasion to write again , as also make your opposition to the present government , more known and famous ( a thing i know you cove● ) as also be a procatartic cause of some further sufferings , which i knew could not but be very acceptable because i have observd your genius more especially delighted in persecution and opposition to the present power , and therefore i could never blame you for precipitating your self into a heady action ; as being willing to permit every man to follow his own inclination , and i knew you were led very strongly this way . nor indeed was i insensible of some advantage on my side . no man lying , so open , so unguarded , so easy to be beaten by his own weapons as you . besides you most times take i●● ayms , & strike cleare besides your enemy . so that besides these small encouragements , i saw i needed not be halfe so long as you , ( and this is somewhat with the judicious ) and i needed but once state the questition , and all your arguments would fall in pieces , and for quotations i knew it was either transcribing of yours into my margent ( which is as much concern'd in them as yours ) or else to follow cervantes his advice , and take t●e first catalogue of authors i met and own them . but then againe upon second thoughts i began to demurre , as considering you a person very dreadfull and terrible ; as well by your roman constancy in writing , ( for you never yet permitted any adversary to have the last word , nor any power so long as you had pen and inke to put you to silence as by the reputation you have of a various learning & multiplicity of reading : not to mention your numerous prints , whereby you have not like tostat three sheets for every day in your life , but almost three volumes , so that it is pitty that you were not either borne of german parents , to haue written in high-dutch that you might have outdon the reputation of the greatest of their authors , who are commonly valued at the rate of their boldnesse and prolixity . notwithstanding upon a third dispute with my selfe i found all these were chimera's , and could cause no real affrights ▪ as for your pertinacy in answering , responding rejoyaing anti qu●rying , reviewing &c. however it ●ad wrought upon some other men i resolv'd it should not doe on me ▪ untill you forsook your custome of un-weaving the web at the wrong end , & never approaching to the heart of a dispute ( as i shall presently instance ) and this was a favour which as being a stranger to you i suppos'd you would hardly conferre on me , although you had ability and possibility , either given you by nature or belieu'd of you by men . for the fame of your learning i found that it had rather invaded the minds of the multitude , and possessed the weak inconsiderate swallowers of all books , and interested it selfe in those people , who had before interested themselves in those opinions , which you either oppugn'd or maintain'd , then any wayes recommended you to those judgements , who calling all things to a sharpe test , are not wont to favour without eminency of merit . and therefore i call'd to mind that i had heard many of them say , that ( though your industry were not at all discommendable , yet it did not infer any such vaffnesse or immensity of nature in you , as the titles or margents of your books seeme to promise , for ( say they ) nature makes ever the dullest beasts most laborious , and the greatest feeders . therefore they observed that ▪ though you had read and swallowed much , yet you had concocted little ; and so ( wanting rumination ) it was no vvonder if you vomited up abundance of things crude and ravv and i could prove it to you out of authors , that to cast up things un-alter'd is a symptome of a feeble and infirme stomack ; and as an error in the first concoction derives it selfe to the others , and nourishing up a prevalescent humour begets at last a disease ; even so your judgement being once deprav'd turnes all your reading , ( be it never so choyse ) into bilious or putrid humours , vvhich being perpetually encreased by your insatiate gluttony of books doe miserably foment and heighten your malady of writing . nor truly was i much amaz'd with your books themselves , which though they appear'd big and tall were extreame feeble and ill complexion'd , and though they caried menacing aspects , yet vvere things purely childish and unactive , they put me in mind : ( i beseech you pardon so homely a comparison ) of the two gyants that stand to guard guild-hall , and look downe as furiously upon the contentious rabble , as if themselves intended to bee peace-makers , and to powder them all with one blow , when alas one uncourteous greeting with a hasell stick would presently discompose all their gallantry ▪ and reduce them to their first matter of sticks and past-board . for ( sir ) 't is the generall opinion of all learned men ( as i could bring quotations to that purpose ) that books large and empty are the greatest enemies to that perpetuit● and largenesse of fame , that every diligent writer ought to aime at , that can be possible . for posterity that passes a severe and impartiall sentence upon all things formerly done , cannot but hate and brand those men that deale ●o unreverently with her , as to put things upon the file of memory as would even be tedious in table talke where no drollery for the most part comes amisse , and therfore wee see all ages willing to op off such excrescencies , and destroy if possible their very remembrance . saepius in libro memoratur persius uno . quam levis in tota marsus amazonide . now you having so unpardonably offended this way , i would not at all start back at you● volumnous and gigantous nothings , but resolutely encounter and grapple with them . for though you have a faculty ( to your great renowne ) to put that into ten sheets , which another man might comprize in ten lines ; and therefore have filled as much paper as if you were to burn for a martyr would serve instead of fagots ; yet must i say , there is very little in all this to the purpose . for though you are not yet a didimus ▪ and transcribe whole tragedies , yet i may say you insert many things not condusing to the present purpose , though i must acknowledg the great praise of your humanity and goodnesse ▪ that you commonly either write the most materiall things ( as you conceive ) in capitals , or else very courteously with an hand or a note on the margent , direct the reader to them . vt si maluerit lemmata sola legat. and therefore were it for no other cau●e ▪ master noy de●lt very uncourteously with you , that offered to make you and the water-poet , bed-fellowes in lincolns-inne library , as being tvvo of the same altitude , and crisis of writing . for the multitude of them i was of virgils mind , non numer●m lupus , the smallest insecta's come in greatest shoals out o● the wombe of their dam putri action . a python , a hydra , or any such royall monster come alone , and that but rarely , if at all , petit creatures can be delivered of many at a birth ; lyons , elephants ▪ and those more noble carry but one , and that after long impregnation : by the same analogy men of poore , strait , low and slender thoughts , have ever the greatest exuberance and vent most ; whereas regular and castigated souls , who know how dear and hard it is to think aright , and how difficult the pursuit of truth is , and under how many censures any thing of publick concern must necessarily fall ; vent their notions nicely and scrupulously , as thinking they must be writ in marble , whilst the inconsiderate put every running thought upon the sand ; is for example , most of your sustian puff-past treash , which within a few years is as quite effact , as if your i●k had been made of nothing but ●oprisse : and no more regarded then the inventory of some sick mans dreams ; and therefore to me you have writ a very few things , they being such as no man will enquire after , but such as delight in things obsolete and antique , or supposing the things are many , 't is a lumpe made up like democrit●● worlds of atoms which raise up a great mass yet are imperceptible in themselves . i suppose by what i have said , you may have a shrewd guesse , at what i conceive of the pertinency of them , never was there any thing truer said in all sences then in multi loquio non deest peccatum , certainly so your literary sins in this kind ( not to accompt your morrall or theologicall ) are horrid and innumerable and ( without the interposition of somewhat above mercy ) impardonable , how pittifully did you once afflict the house of commons in that fatall night of voting the kings answer the grounds of a firm peace , yet when that most insuls harang came to see the press the substance ( so you title it ) do's but amount to some seventeen sheets close printed : it joy'd your new-liguers , and co-martyrs , the cavaliers , that they had sprung such a champion , and therefore the book ( and as i think the first of yours that was so ) came to be twice printed , and possibly is yet extant for all men , that have a mind to survey the art of amplication , to peruse , with much about such di●cretion as this ▪ do you indeavour to blow up liberty of conscience , for in your book superscribed , the sword of christian magistrates supported you first lay down the whole question ( in effect ) as a postulate or undeniable axion , and upon that ground make a shift to rear up a paper , trifle of . large sheets , and this with that celerity ( the infallible sign of a good writer ) that between the date of the book you answer , and your own , there interceeds but ( as i remember ) twenty days : notwithstanding you say they are the lucubrations of a few cold winter nights , and you tell the lords you have not lost one minute from their service . i could tell also that while you should explode the vanity of love locks , you only fall foul upon long hayre , and so run clear out of distance from your question , with a man of much lesse reading might have embost with curious philo●ogy , and instructed the age into an affright off : thus in your unhealthfulnesse of health drinking , you only quarrell at much drinking , and so make a forementioned escape . but i am sorry such dust and cobwebs stick in my memorie , i have repeated too much already , and for particular passages i could put you in remembrance , vsque ad nauseam & ravim , but that i would no● slip into an humour which so much disgusts me in you . only that posteritie may acknowledge how strongly you have oblig'd them by your poetrie ▪ i cannot but with pleasure put you in mind what a deare sonne you have been to the muses . never did any man tune such round delaies as you have . never did any man so powerfully drag and hale poore s●●lables into verse . never durst any tirant exercise these cruelties upon the bodies men , that you have upon meeter . 't is the greatest praise of the architect of this vniverse , that he did all things in number , weight and measure , and the just contrary must fall upon all your works , especially o● this nature . alas , what ups and downs have you ! what noyses , what calmes ! what tractures , what unnaturall closures ! hovv doe you one time rumble like a brewers empty cart , another while d●il you meters miserably on a sled : certainely ( sir ) i● you had been that poet that presented the poem to alexander ▪ and was to receive as recompense a buffet for every bad line , you had beene buste●ed to death , thou you had had as many lives as nine cats : verily had you had orpheus place in the fable , you ●ad put all your birds and trees into a fright , instead of a letalto , and your thracian women out of meer revenge of your noise had done t●●t out of justice to you , which they did out of cruelty to him : verily had you been amphion , and gone about to build the walls of thebes with your harpe , the stones out of meer rage vv●uld have mu●ined and pelted you to death . o master prynne , master william prynne , master william prynne an utter barrester of lincolns-inne ▪ late a member of the house of commons and now of swainswicke in the county of somerset esquire . 't is impossible that all the rage of a drunken imagination could have imagined , or prophesid such a bard as you are . certainely , after you ; we may say all monsters will be naturall and quotidian ▪ and that al● men may doe vvhatsoever they desire or dream of . for i professe to you 't is a miracle to mee , hovvever it could enter into your thoughts to make verses : subjects i am sure you could not want ; you might have beene throwing the dust of records in the faces of the bishops , you might have put on a fools coat , call'd your sel●e tom-tel-troth , and barkt against the armie , you might have busied your selfe about excommunication , or conquering independencie , and propping up the house of lords ; but so dismally to mi●carrie : to improve rocks , ( which certainly are so●ter then your meditatiō● ) to ma● new sea compasse , and quack cordials , i am lost , i am lost ( great sir ) i am lost , this is too deepe for me , and exceeds my understanding . for the quotations which are as delight●ull to you , as they are distastfull to all mankind else ; but v●etins who loves you for it , and i could wish you to consider whether the ghosts of a many brave authors ought not in all iustice to hant and torment you ? some of them you make stand on the pillorie of your margents for no cause , some of them you make to beare fal●e witnesse , other some you make tell halfe tales , some of them you familiarly quote which you never conferr'd vvith nor possibly saw , so that vvhat with these courses , and mistel●ing of pages and chapters , which are but pec●adillo's with you , you make them pure knights of the post , and sweare what you will . certainly , a man that hath this faculty may prov what he vvill , and write libraries , and i● any man ever had the knack so dexterously as you , my acquaintance , with bookes is either none or false . how doe you fit them , as proving the soveraigne power of parliaments ( which booke i thinke you h●ve forgot you ever wrote ) exactly quote morall sentences out of s●neca &c. what an immense annotation have you in your booke against cosens concerning nile . how common i●st vvith you to prove out of how hollinshead ▪ fabian , speed , taylor , that r. . was murthered at pontefract . how naturally in your arminianisme doth bring men to disclaime opinions that were not thought on while themselves lived ? what rare mosaick worke doe you make with sentences of scriptures , and how cong●uously doe you grave them on the stones of the mount ▪ orgneil . how aptly doe you q●ote poets by the page ▪ and sometimes bring in a peece of tully by the section ▪ vvith all vvhich acc●utrements i can count you no better th●n an indian with feathers about you ; or if you will have it so i can compare you ▪ to a pedlars pack-horse , that carries a●undance of trinkets about him , which he can never either enjoy or use . iam dic posthume de tribus capellis . having with these considerations disburthened my self of all feare , i know no reason why i may not now descend to a more particular consideration of your last book , and the rather because it vainly threatens so much , and according to your usuall fate produces nothing . nay indeed declares you a person incapable of medling with the question , as having too scant a knowledge & too purblind an insight to discusse it . for i suppose , no rationall man will deny me , but that he would exactly examine the justness of al changes of states and commonwealths , must have another touch-stone ▪ then the bare municipall laws of a country , which commonly carry the stampe of their invaders , or else being made out of the necessity of times , are commonly declind by those men that desire to innovate ; no they are those generall and royall laws of reason nature , nations and necessity that must be appeald to , by these all must examine and judge , and as being fixt veritable and universall , whereas particular ordinances of any place are not so ; but being either impos'd by a power or become valid by contract , are no longer to be obey'd , when that power is broken or contract dissolv'd . but you ( master prinne ) doe not goe thus rationally to work , nor revitting your discourse on some steddy maxims arise up to a full and perfect view of the generall laws , and then bring them home to the particular of our nation , which had been your only true and regular method , and likelyest to make good what you design'd to your self , but insteed thereof you decline all examinations of governments and their ends ( a thing perhaps not to be treated of by one that writes scans ped● in vno ) and most cruelly tormented with a many presidents and statutes , which being either such as depended upon the will of them that usurped rule over us , or at best such as best suited the wisdome of the times that enacted them , i see not why they should preserve any more force then reason , especially seeing that daily contingencies and notations of humane things , call ever a fresh for new laws , and fresh provisions : not to adde that the necessity of a time and occasion , the continuall groans of the oppressed , the concurrent and visible hand of providence may many times warrant that which to the strict formall letter of the law might seeme otherwise . for certainly every law must be conceiv'd so far sacred and inviolable , as it conduces to the great designe of the essentiall happinesse of those for whom it was deviz'd ▪ and if so then suppose it , in it selfe and in the si good and profitable ▪ yet if it dash and enterpher with the maine end of government , and that great arcannum of preservation , i suppose he cannot be called a bad citizen that out of a just piety to his country endeavours to break through it ; or else rectify it to its right intentions . thus much ( out of a great deal else which i reserve as due and proper to another place ) i have set down ; to the end you may perceive how unfortunate you have been in grounding the question , as also that ( if you please to take the pains ) you may by it examine over all your reasons , and find them all either vain , sophisticall or false . but lest you may be a wrighting some other book and therefore want leisure , or if you had le●sure might possibly be desirous to save the pains , i shall to doe you a curtesy , and merit of some of your proselits whom i may reduce , examine them one by one , though i cannot promise ●ither your copiousnesse or rancor . your discourse is founded upon a sillogisme which taking up a page in you , i am given to transcribe , but shall thus ●ully and faithfully a br●viate . that by the fundamentall laws and known statutes ▪ no tax ought to be imposed but by the will and common assent of the earls barons knights ▪ burgesses , commons , and whole realme in a free and full parliament ▪ by act of parliament , all other are unjust and oppressive , &c. but this present tax of . l. per mensem was not thus imposed . ergo , it ought not to be demanded nor levied , and you might in conscience and prudence withstand it . your proposition which you take as indubitable would in the first place be stated and rectified , because so many of your reasons , and indeed your most pressing , nay the very strength of the assumption leane upon it , but you must consider that though i agree with you , that no tax ought to be layd but in parliament , yet i utterly dissent from you in the acception of the word parliament , and though i grant you the whole realme yet i doe not extend it to your latitude ; which i thus explaine and confirme . first , i take the realme of england to be no other , but that people which god and nature hath planted in this island , free from all humane power and positive law , save what they electe and constitute over themselves , or their representive ( by their authority ) enact for their good and welfare ; and therefore whatsoever power is not deriv'd from them , ought not to be obey'd by them , nor the laws impos'd by and under that power to be held any other then tirannicall and not binding . that they are not under the right of any forreigne domination , i suppose you leave me as granted , and therefore to consider them in themselves , we must look whither they be a people naturally endewed with a free disposition of themselves , ( as was just now layd down ) or else by the laws of god , or their own stipulation they ought to obey some superiour power ( whither in one hand or many ) which should inviolably or unalterably rule over them . if you can affirme this of monarchie , you must ravell this consideration to its first principles ( as there is no better way to understand the making of a watch then to take her in pieces ) and consider what right kings have to rule over us ; if they say from god , this is but ● bare assertion ; let them prove by some signs and wonders that it is gods declared will and we shall obey ; if they say all kings are of god . they must prove how they come to be kings ; if they say that in the scripture god do's favour and delight in monarchy , let them tell us what kind of monarchy it is , and what limits god hath appoi●ted both of power and law , for certainly if they trespasse never so little upon either of these they are usurpers : if they say from nature ( i study brevity here ) let them prove that nature makes one man to governe an other , nay such an other number of people , and that themselves are they . if they say by compact and choice of the people , let them produce it and its conditions , and then stand a tryall , whither the people could passe away the liberty of their successors , or themselves upon breach of trust or other considerations , recall & annull : if none of these will hold , they must necessarily be intruders and deposable upon the first occasion . all this i conceive remain'd to be prov'd before our kings can affect their jus regnands in so clear and safe a manner as the late charles pretended to it . but if they were only elected ( as the supreme expositor the parliament have declared ) then it evidently declares that in the height of their intrusion they either could not stifle a remembrance of the peoples right ▪ or else by an odde arcanum imperii practized by the primitive roman emperors ) they were willing by a specious shew of liberty , to banish all offence and recollection of their intrusion . and of election ▪ questionlesse those that have power to choose have power also not to choose . then secondly if kings be not integrall parts of our parliaments , representatives or nationall meetings ( 't is things i mind not words for the people cannot all at once meet in councell ) it will porismatically follow that the lords being his vassalls , constitutes or at least but councellours , are not , as being not entrusted nor called thither by the people , who have the only power to make their deputies , and gives voyces in their nationall meetings . thus much being gaind there will flow a third , that will immediatly invest a supream authority in those meetings , and this authority must needs make them judges of cases of necessity , and necessity oftentimes warranting , nay bidding violent courses , some actions and carriages may be justifiable , nay laudable and glorious in them that immedi●tly concerne the publique weal , although they vary from & throughout the common regular proceedings : thus could no honest roman have blamed cicero , though he had suspended the major part of the senate had they adhered to cataline . thus were the tribins of the people never accounted traytors to their trust of preserving liberty , notwithstanding they often brought laws to make a dictator who had an unlimited power . nor have you reason to storme with this parliament , for voting the exclusion of part of their members ( whereof your selfe were one ) that had concurred in dangerous and destructive pernicious votes . and now you may see how unsound your proposition was , and how utterly the state of the whole syllogi●me is altered , for if you will but take along with you what hath been said , you will find their was an huge deal of equivocation and fallacy in the words of parliament and whole realme , and therefore the whole ought thus to be conceived . that by the fundamentall laws of the nation what tax is imposed by the c●mmons of the realme in a free and f●ll parliament , by act of parliament , and none other , is lawfull . but this tax of . l. per mensem was thus imposed , ergo it ought , &c. the proposition is manifest out of what hath bee● said to the assumption for the present , i shall say thus much ; that since king and lords are no essentiall parts of it , and that they make up the customary number , we have no reason to disavow them on that tophick , some other reason then must we search , and see whither they were either lawfully called , or else since their calling some act either done by themselves or others have in law dissolved them . but for the legallity of their assembling your self are so far from denying , that you found some arguments upon it ; & i further justifie that they immediatly were entrusted by the people , and that the kings did put them into a course , not give them authority , ( for if it had , then must all power immedidately flow from the king which we have deny'd ) and therefore though the right of the people were at that time c●og'd with that load , there is no reason but they might when they could shake it off , and restore themselves to those priviledges nature endowed them with . and therefore they must necessarily remain anauthoritative body after the decollation of the king as not sitting by him : but it is a question according to the word of the law , whither they ever can be dissolved or no ▪ the king not being alive to dissolve them . howsoever you can distinguish a king in the abstract , and concret and know that it is not his personall presence adds any thing to them : for otherwise your own books must rise up against you , and all their actions since the kings de●ertion will prove un-parliamentary . we must see if there be any thing that in law dissolved them ( since they are in origine a lawfull assembly ) and that must either be by the king , themselves or some externall power : by the king it must be either by some act of his , and that i think you are not ready to say , or by his remotion , and that we have just now answered : if by themselves why ●it they ? or shew me an act or ordinance of theirs why they should not : if from externall ●●rce : externall force i say may violate it but cannot dissolve it ▪ since the speaker declar'd his opinion two years agoe , that nothing could dissolve this parliament , but an act of parliament , which you cannot produce either in your own sence or mine . and now we see what miracles you have perform'd , & how according to your manner you have es●oygn'd from the question ; for it is not the recitall of a many impertin●nt presidents with any slavish head , that has but the p●tience to collect may muster up to wearinesse . but a right stating and deduction of things , and a generall view of the question in its whole latitude that must convince and enforce in these cases , for producing authorities though it may be of excellent use in proving matter of fact or that things were so , yet it is not of much concernment when matter of right or reason falls under dispute . for whosoever do's rightly converse with the writings & records of former times cannot bu● know , that since a many things are spoken out of the sence and interest of the times . a many things through decourse of affaires are altered from their primitive reason , a many things imperfectly related and circumstances of great light often omitted , they are not at all authoritative to after times , save where a cleer and undeniable analogy of reason do's apply and enforce them . but least you may thinke i fraudulently elude the strength of your arguments by these generall avisos , i care not much if i put them ( i meane the strength and heart of them for you are very fatall in setting down things at length ) into a catalogue briefly overthrowing those that are not immediatly , implicitly , or peremp●orily answered in the former pages , and putting the others to no other trouble , but a bare rehersall , as things that carry their confutations in their bowells . your first reason is the parliament is dissolved by death of the king. . or supposing it in being yet the lords a●●ented not . . suppose the commons alone co●ld impose a tax yet now the house is neither full n●r free if you will give every man leave to be judge of his own liberty , they can the best tell what they think of theirs , an● they have declar'd themselves free from any feare or restraint ; and certainly it is one shrewd signe of it ▪ in that they have performed that under that which you call aw ; which none of their predecessors in all their pretended l●●erty and fullnesse could ever atchieve ; and if you say they are not full and free because all their members doe not actually sit . for my part i hold them freer , as being eas'd of so oppressive an humour , that so long rendred their counsells abortive or unprosperous , yet in poi●t of reason i see not why he should be entrusted with the liberty of a country that is an enemy to it . or admitted into a counsell whose ruine he is both by his i●terest and opinion obliged to endeavour . though the tendernesse of the parliament is such that they re●dmit all such as they can either with surety or safety , and the obstinacy of the absent gentlemen is such that they refuse to comply with the ways of providence , and come into action , rather suspending ▪ themselves then being suspended . . though it should oblige those places whose knights citi●ens ▪ burgesses sit , yet , it cannot those whose &c. sit not . now ou● of all your presidents find me one that shall warrant this distinction for that of the writ of wast will not doe : for upon the same reason , the county o●dur●am , or such burroughs as have no members to sit for them are not tyed by any act of parliament , as not consenting to it , and for any thing i see the same reason should hold in those counties or places whose representatives should be for some unquestionable crime thrust out of the house ; nay , why may not this extend to absent members ? but i pray sir consider that the house of commons must be considered as a collected body ▪ and not as made of particular persons , and that must be taken for its ordinance which is the agreement of all , or the m●jor pa●t , without any other consideration of individualls , save sometimes the entring of a dissent , which may declare a private dislike , but cannot disauthorize any thing . for those two objections though you keep an hacking and slashing of them , yet you do not at all infirme or destroy them , for i would gladly know of you what radi●●ll distinction you can perceive , between businesses of greater and lesser moment in the house as you seeme to infer , i meane what difference you can make between the house when it handles lesser businesses and the greatest , for questionlesse 't is an house still and hath the same priviledges and authority . nor do's your objection of the frequent summons make any thing for you , saving that it proves it hath been a custome to summon in absent members , either when their abillities were particularly a●anting or else the number of absent members took from the majesty and splendor , not the necessity and being of the house . . though you suppose . they might make an house in cases of abso●ute necessity , yet you say their was never such a case as till now , that might expell &c. to this i say that , never was their so great a necessity ▪ as that of their suspension , as may ea●ily be demonstrated . . 't was the army suspended some members indeed , but injur'd not the collective body , and abundance absented either through disaffection , guilt , or suspition ; and whereas you challenge them to shew such a law or custome , i cannot but laugh at you . for if it be lawfu●l ▪ it may well stand on its one legs , without such an infirme and unproper stay if unlawfull you will not expect any example should make it so ▪ for by the same reason every vice that can but parallel it self in zwinger or lycosthenes , will soon be gilded into a vertue , and you your self in every action you doe and garment you weare , unlesse you can prove your grandfather did and wore the like , sin extremely ▪ and herein at one dash confu●e your whole histrio-mastix wh●n by so many presidents records ▪ iournalls , historyes , diarys , ledgeer books , an●alls poems , orati●ns , &c. it can be prov'd that playes have been in former times acted and entertained into the delig●ts of princes , as your self write , confesse , declare , acknowledge , manifest , and prove by authors in your retractation to that purpose . . then fourthly , since you stand so stifly upon it , i challenge you to shew me by any journall , year-book , records , the time when fourty was not accounted a parliament ( though this far exceeds that number . ) for . you say . neither commons nor whole house ought to do it without k. or ll. still crambe ●is co●●au ; sed you not that topic largely before , and do you now vomit it up againe ? i doe not now wonder at the facultie of squirting books , when you have this art of repetition . truly ( voluminous sir ) methinks you are like flaminius his host who entertaine his noble gu●st with a great many various dishes , which yet in the conclusion proved nothing but swines-flesh , or rather to erisichthon's daughter who though she were sometimes sold under the shape of a cow , sometimes of an asse , sometimes of a sheep , was but still erisichthon's daughter , and therefore who knows one of your book knows all ▪ and who confutes one confutes them all . only i advise all that shall hereafter have to deale with you ▪ to medle with you no otherwise then the great grotius did with a learned man that spoyles and looses abundance of brave learning amidst his volumes insteed of answering the book to confute the contents . so would i interdict any man further commerce with you then the title ( which is ever the best of your bookes ) and having confuted that ▪ to sit downe in quiet . for your answer to the second objection ▪ ( which sneaks in at the back dore ▪ and stands like ela in the gamuth , and no wonder , for a man of your h●ste may easily forget importancies . ) viz. that the present parliament shall not be dissolved unless by act of parliament , by t●e statute of . car. ' swas con●uted ●ut of what hath been already spoken ▪ and hath been already touched upon you . but to come closer to you , that if the kings person were so necessary a businesse , with what face did you justify their proceedings without when he was at o●ford ? or if the forme o● writ calling them together to con●u●t with him render them a meer juncti●●o of his , and no lo●ger a body then he lends them a soule , what miserable , and slavish people were we , whose nationall counsells were to depend upon the will and pleasure of one man , as though we had been created for no other end , and cast hither by providence only to make so many vassalls for a tyrant . but i hope ▪ master prinne you know better what the safety of a people is , then to adhere to so miserable rules , which being commonly struck from the present occasion , cannot prevent all inconveniences , and therefore must be subject to change , and alteration ; and with what prudence can you ●rge that your act was only intended as to your l●t● king not to his heirs and succ●ssors ( your reasons are so tr●fling i passe them ) when you know the king of england never dyes ? and 't is an horrid thing that the welbeing of a people should depend u●on the truth of one who is but a bubble and must dye like ● man . for suppose in that heavy conjunctu●e of time ( which produced the act ) king charles had put off his mortality , either the best parliament that ever was , shou●d have broke up and left us both in the present hazard of affaires , and danger of never any more parliaments ; or else the supreme right of the people and necessity would have confuted what you assert . besides the parliam●nt was called for such and such ends , and if the king had dyed before the fulfilling , had it not been m●erly an illusion and a frustration o● the very act , which even ob●●g● them to the accomplishment of such and such things . but methinks that clause which you so ingenuously quote cleers the busines , and that every thing ●r things whatever done or to be done for the adjour●ment or proroging or dissolving of the present parliament ▪ contrary to the present act , shall he utte●ly void and of none effect , upon this score the anti-parliament●t oxford was counted unlawfull , and the kings disclaiming them ( ●or a while ) of none effect . but ( say you ) the kings death cannot properly be said a thing done or to be done by him , for the adjournment of the parliament contrary to this present act , cannot make the kings death voyd and of none effect , by restoring him to life againe . spectatum admi●●i risum t●neatis amici ! but pray sir , is not death a privation ? what talk you then of it as an act and of a privation you will not say it hath any thing positive , the king hath done nothing by it whereby to dissolve and raise the parliament . i shall adde , only you stand so strictly upon poore formalities ▪ why you may not as well say that the parliament is not at al because their are no bishops in it , as wel as you say about loros : for you cannot be ignorant how far in these darke times of superstition the bishops have incro●cht , ( and why should presidents for the temporall lords be more inviolable then for them ) insomuch that they once came to a contest of precedency , which certainly they would never have done without some assurance of themselves and interest , and therefore it was no more injury to the lords temporall to be dispossessed then for the spirituall , they being both derived from one power ; and though you 'l say the latter were ejected in a free and full parliament , and so not the former , yet i think i prov'd other whilst i had in hand your syllogisme , and must now tell you , i conceive not what more right or title the one have then the other , and why they may not as well be disrobed of these priviledges , which are both unnec●ssary and burdensome and to speak freely , superior to any other in europe , and incon●istent with the liberty of our nation . i shall not much trouble my self with your disingenuitie in quo●ing the parliaments former declarations against them , since that they have been as good as their words in procuring the libertie of the nation , and what they do● at this present is meerly out of publique necessity and safety ; but i must tell you , that of all men living you ought the least to encounter your adversaries out of the●r own writings , since your own doe abo●●d with such strong monstrous contradiction and forget●ulnesse , that a man may suppose you change ●ou●es as often as you doe shirts , or else there is an unanimous conspiration in mankind to adopt all absurdities whatsoever under your name . and now have i ( thank the curtesie of my fates ) fully survey'd your first reason , and truly if your other nine take me up as much time , i sha●l with difficulty wade through the rest of this inglorious taske , and i am affraid , obtain your faculty of multiplication of lines , and in stead of your adversary turn your schollar : like julian the emperour , that essayed at first what he could say against christianism , but at last exercised himselfe into a losse of it . and now for your second reason , which tells us that there are some sit in the house who ought not to sit , some whose elections have been voted voyd , some chosen by a new great seale since the kings death , some that are noblemen , and therefore uncapable of sitting there &c. but stay ; bring me but one example or president where the illegality of election deprived the parliament ( which must ever be considered in the aggregat not dis-junctively ) of its authority , and right , sure we have proved them a parliament and supreme , why may not they make a seal and use it , and for the lords ( since their house is broke up ) why should the people be denyed their liberty of choosing , or the lords ( without any demerit ) their capacity of sitting . for your scruple at the oath of alleageance , i see not how it oblig'd further then civil obedience in lieu of civill protection , or why it should oblige longer then the power that imposed it had existence , or why it should oblige a man to a perpetuall pertinacy contrary to his judgement and conscience : till i be satisfied in this , i must put away all your arguments of this hea● , and in the mean time recruit you to that judicious and learned piece of mr. asch●m concerning this subject and truly if you want emp●o●ment you would doe well to gnaw a little upon that file . the third you learnedly draw from the ends of your tax , which being two , you accordingly branch your argument into two heads ; the first whereof the maintenance of my lord fairfax his a●my , and to this you answer that their notorious defections & rebellions have made them unworthy of pay . to this i say , you in your confused catalogue of their misdemeanours , you lay many things to their charge , which are not properly theirs , a many things you mistake , and many things you falsly suggest : so that he that pares off your exaggerations , and considers them nakedly , will find them an illustrious brave sort of people , particul●rly favour'd by providence , and worthy all the encouragement and care of this state . then secondly you say no ●ax ought to be imposed but in case of necessitie ( let any judge , whether there bee not a necessity for this tax ! ) but you say there is no necessity of keeping up this army for these strong reasons . the kingdome is exhausted with seven years taxes , and therefore for saving a little , mony now must be utterly ruin'd , and as though you in all your reading could want examples how often such a base parsimony hath bin fatall to people and cities . . the decay of trade , as though a petty payment hinder'd either importation or exportation , or slackned mens endeavours , or as though that money were not spent among the people that pay it , and so there can be no decrease in the main stock . but a decay of trade must ever be expected in or immediatly after a civil● w●rre , and so you lodge this cause amisse . ▪ it destroyes trade , why did you not tumble this with the former , for they both came to one head ; still you ●urn to your vo● it of impertinency and largenes●e . . there is no visible enemy in the field , and therefore not in houses or abroad ; do not you know ma●ter pri●ue that an enemy is not quite vanquish'd when he is forc'd to give the field , but so long as he has animosities , grudges , opportunities , encouragements , hopes , is to be fear'd , and therefore for any people to gull themselves in such a mad security can be no other then to fall a sleep , that their enemies might with the better conveniency , cut their throats . besides you cannot be ignorant that that thing which you call a king hovers and flutters over , and if he could but engage any forreigne prince on his desperate lost fortunes , would come over , and see if he cou●d set up the dagon of monarchy once more amongst us , and you would have us tamely cast away our swords , that he might with more liberty exercise those cruelties upon us , and that either his indignation , revenge , flatterers , or possibly inclination might suggest unto him . . this was but at first established l. per mensem and after . but why l. now since those for ireland of that establishment , thou knowest not it seems wil , prynne , nor thy neighbours at swanswick that there are a great many new forces rais'd , and their are a great many there already to be maintained . the country militia's might serve , the forme of them in secure time is good enough , but not in the midst of such contingencies as we daily see , and if we be at present so surrounded with enemys , as who knows we are girt with both extremes which now begin to close and unite into one , why should we dissolve any armie of choice and brave veterans , for a sort of raw countrie fellows , that neither have the courage nor the art of fighting ; not to mention the just causes of distrust of them , which though you indeavour to remove , yet you doe nothing , for you say , . these men may enforce an army till doomesday ; as though their politick capacity took away their naturall of dying , or that things would be ever in their present insecurity . . if they dare not trust the people , why should the people trust them ? ( this i thinke is your sence for you are long and cloudy and want an expositor ) the strong retort ! they will not follow the humour of the r●bble , and therefore the rabble ought to get up on the saddle ; and act the bold beauchamps upon the common-wealth . . the gentlemen of england have little reason to trust this army that have violated their laws , and say all is theirs by conquest . reader ! understand this in the contrary sence , and master prinne is in the right . but he should have told where ever the army aver'd all was theirs by conquest , or if ever any private man said so , and if some had said it , why the integrity and actions of all shal be blasted through the vapor or surquedry of a private souldier . now to the second part of the same tune ▪ the second end of this tax is for ireland , which was but at first . l. now l. to this you say , . that by statutes , &c. no freemen ought to be compelld to goe in person , &c. or to pay taxes , &c. without their consents in a free parliament , such an one you deny this present to be , and i contrariwise affirme it , and have demonstrated it , and so farwell this argument . . most of those ancient forces are revolted and declared rebells , and therefore this parliament shall not avail themselves of others in their roomes . . many now pretending for ireland hath been obstructers of its reliefe . this is a strong argument against the legalitie of the tax . . the reliefe of ireland is not now upon the first just and pious grounds . ( 't is false they are now just the same . ) but to joyne with owen roe ; the parliament have disclaim'd the actions of two brave men in that affaire . notwithstanding the prudence advantage and necessitie of it ; which certainly cannot but declare that they are not over affected with him and his interest . your fourth reason is the coercive power and manner of levying this tax , as though upon cases of necessitie and imminent danger a state must want necessary reliefe , because such and such a skittish person is not satisfied , and if we see that many actions of private men ( otherwise illegall ) are justified by their subordination to the publike . how much more must we thinke of common-wealths themselves in whom the chiefe care and trust of preservation is reposed ; which how they could be endowed with , know not i , unlesse they had also a power to enforce those reliefs , which necessity and reason of sta●e so usually require , and therefore your first reason that they ought not to distraine is nothing , since it determines not in what cases it is unlawfull to distraine , and you withall take it as granted that this is an unlawfull tax . . for imprisonment ; it hangs upon the same false supposition as the former , and all you can instance who hath been imprison'd upon this act invalid ; since a many laws come accompanyed with a terror , which they also intend shall seldome or never be put in execution . . levying of taxes by souldiers was judged high ▪ treason in strafords case , as though there were not difference between a supreame authority and a subject , a time of peace and war . . if any person bring his action at law we shall be stopt by the committee of indemnity , as though the parliament ( who are so much above all ordinary proceedings of law ) ought not in justice to protect those who execute their just commands . your fifth reason is ; the tune sticks much with you , for if we have such a tax in the first yeare of englands declared freedome , what shall we have in the second , &c. to this i answer evax ! vah ! there wants a comma , to expresse irrision and indignation . your sixth , is the order or newnesse of tax is is the first you find jmpos'd by the commons house after the parliament dissolved . lingua ! thou strikst too much upon one string thy tedious plain-song grates my tender ears . i thought this argument had been thred bare enough to be used againe , but no matter 't is your custome , but certainly , a man of your imployment and speed is to be forgiven if he forget what he wrote three pages before ; and yet this you confirme with a not able reason ( as you think ) out of ovids remedio amoris : principiis obsta , &c. a bu kin that may fit any fool , and clog any objection whatever . your seventh is the excessivenesse of the tax . a main objection indeed , when you were to treat about its legality , but i must tell you occasions are also excessive , as i told you when i answered your third reason in which this your seventh reason ( according to the usuall caball of your writing ) was also involved , i shall onely adde now that i wonder by what arithmetick you calculate pounds per mens ▪ to be half the revenue of the nation , and by what analogy of reason ; you instance the imposition of the popes legate on the english clergy , to affront an act of parliament concerning the whole nation . your eighth ( for i would gladly once be rid of you ) is , the principall judgement of this tax is to free us from free quarter , and you say ▪ . free-quarter is illegall ( and you make an ample citation for it ) and so ought to be taken off without any compensation . 't is true ! but when there is a necessity of keeping up a souldiery whether of the two evills is to be chosen : and secondly , you say , that they have often promis'd to take off free quarter , but still as soon as contributions were paid , there was as much free quartering as formerly , and therefore because some under-officers are negligent , and some common-souldiers rude ; an act of parliament must become invalid , although it may be affirmed that the discipline of this army is as regular and strict as can be possible , and therefore it is not strange , if they be not subject to such disorders as might commonly make such companies of men both detestable or hated , and yet certainly there are some among them very rare myrmidons , if that strange tragae-comedy of may . ( a day it seems fatall to your strong-beer and provisions ) be true , for certainly ( according to your lamentations ) it is as dreadfull and hideous as the breaking up of an inchanted castle , or some new commotion in the dolorous cav● , or st. patricks purgatory . to your ninth ( which in my understanding is the same with your third ) the end of this taxe is not for defence of the kingdome , but abolishing of monarchy &c. we affirme this for the defence of the nation , and all the rest we confesse . to the last , which you suppose chain-shot , but indeed is a squirt , whereas you say , that in your poor judgement it will be offensive to god and good men . certainly god hath stampt too many visible characters of his favour upon these proceedings , to withdraw his assistance from this parliament , for prosecuting that work which he is pleased with : and for good men ; there are thousands think it both necessary and fit to pay it . scandalous to the protestant relegion . as how ? dishonourable to the english nation , for bravely asserting their liberties , and giving so faire an example of magnanimity and bravery to europe and posterity , hindring the speedy settlement of our peace . me thinks we are at peace already , if you mean a peace with c. stewart , cursed be the peace-makers : ingage scotland and forreigners to avenge the kings death , ( as though that arme that hath hitherto held us up were shortned ) and dis-inheritance of his posterity , who you say will be setled . quid si coelum ruat ? and therefore you would have us accept of c. stewart , and jumble up a peace . certainly , mr. prynne ) if you had but the least dram of a considerate person within you , you could not but know that the re-establishment of the king of scotland among us , were somewhat worse the an anarchy , and that a peace with him were more dangerous and destructive then any war , for if we will consider his attaining the crown of england according to the principles of his own party , we may find it a businesse so horrid and detestable , that none but a cataline could lend a wish to it : either certainly he must come in by forreign conquest , or under pretence of his old title , or else by admission and constitution of the people : if the first , what english man can conceive it either safe or honourable ? what man would not dread to be scourg'd by forreigne force ? or whether are such auxi●iaries safe or no to him that employes them ? or by what law or justice could hee bring in people of strange tongues or habits to subdue those peop●e , whose father he pretends to be ? or who must give accompt for the blood that must necessarily be spilt in such a quarrell ? or where will there be found wealth in an exhausted nation to satisfie the avarice of strangers , make up the losses of homesufferings , and reward deservers ? questionlesse the outrages of marius and scilla , and the spanish butcheries in america would be but petty executions to what the victor ( arm'd with rage and revenge ) would inflict , and we should suffer ; and how many brave lives would be taken away , and made sacrifices to the ghost of our last king , 't is perfidy and disloyalty ( me thinks ) to the majesty of the people of england to imagine the sadnesse of these consequences ; nor see i how those of the second head are much milder ; for suppose him like titus , or our henry the fift , better'd by his accesse to government , and that he dealt with this people as tender and cautiously as any man under heaven could doe . yet were not our weaknesse able to endure that alteration . for if it hath cost so much blood and treasure to come to the point where we are . a relaps must needs bee considerably worse , seeing it would be impossible to eradic●●e memories and revenges ; but the dregs thereof would stirre the prevailing party to some insolensies which the spirit or condition of this people were unable to endure , and what this would by degrees come to ; it is not safe to imagine : or if you would have it the third ( as me thinks an elective king suits but ilfavouredly with your politicks ) methinks it were not hard for the people to find out some hand to which ( in case there were either necessitie or reason for such a change ) they might entrust their liberties , better then with one who comming from an unfortunate family , scourg'd for many generations with tragicall and untimely ends , and now a long time groaning under the anger of divine justice , must in all reason and probability export the consumma●ion and accomplishment of the same fa●e . not to say that a filiall alleagiance may oblige him to some savagenesses , which could not at all fall under the interest of another person , and that education and continuall infusion of the same machivilian councels , must necessary make him bend his government that way , which hath been so detestably oppressive to three nations , that they preferr'd a long , sharp and unnaturall war , before durance under it . for your transcriptions out of john lilburn's book of june . i shall not say much , because 't is indeed his work ( excepting a few idle glosses of your own ) and 't is you that i onely have at task and time , and besides that book hath been fully answer'd in another place , onely give me leave to fix a remark upon your violent and furious malice that so blinds you , that you seize upon any thing ( though never so unjustly or indiscreetly ) that may the least contribute to the dishonour of that senate from whence your demerits have so worthily ejected you : that lilburn whom not many moneths since , you call'd lyar , detestable lyar , notorious lyar , whom you writ against in severall of your treatises , and loaded with all those calumnies and reproaches which an ●xulcerated malice , or a debausht pen could cast upon him ; now , when he begins the least to close with you ( though god knows upon different ends and principalls ) is no more an abaddon , a fury , a disturber , but a grave veritable authentick classic author , and one whose excellent writings ( for never in all this world were two pens so like ) must contribute above ten pages to the latter end of your book . and besides , consider what reputation it is to you , that seem to carry the face of a grave civill writer , to stuffe your materiall books ( and this indeed i think you conceive one of your master-pieces ) with such large contributions of the most unworthiest pamphlets , which the disease and intemperance of a deprav'd time can vomit up amongst us . consider it i pray you , and flatter not your self with any hope that the world will continue to expect any thing else from you then dirt and ribaldry , and that your books will carry any other desteny with them ( as being all born under such bad ascendents , and untoward aspects ) ▪ then had the cardinall compegio's sumpters , which though they march'd in a magnificent and sightly array , were ( upon a little bolder examination ) found to be stuft with old boots and raggs , and such like trumpery . and now before a close give one ( who though he bee much inferiour to you both in years , and acquir'd knowledges , yet hath spent the small time he hath liv'd in the best observation of men and things that he could ) to be a little serious and remonstrat unto you somewhat , which being spoke by them that have the most charity , and best wishes for you ; cannot but if you follw it , bring repose unto your self , some content to the world , ease to the stationer , and possibly make the catalogue of indiscreet busie men lesse by one : you are of an honourable profession , doe not dishonour it by a continuation of your lybelling . in that orb you may arrive to some estimation , but when you stray out of it , you are a traytor to your own credit , and doe your selfe that same disrepute which your enemies could wish unto you ; if you stay where providence hath plac'd you : your presidents , and bulkish quotations may be of use and service , but when you break your ●edder , you run wild , and like ajax in the trajedy , fight with sheep in stead of men ; for it seems that all-seeing wisdome hath not design'd you a master of those knowledges which direct and enable the mind of man to judge and examine the changes of humane things , and therefore it were no more but your duty rather to sit still with a sober acquiesce and acknowledgement of that knowledge you now enjoy ; then vainly and wildly to run in such pathes whither neither your starrs nor genius seem to lead or prosper you . another thing is , that this continuall kicking at the present power , shews you to have somewhat of the salamander in your nature , and that like the camell you list to drinke of no waters which your feet have not troubled , and therefore you would doe your selfe much more right with all that are to judge you , if you discreetly and patientl● complyed with all the out-goings of providence , and would not murmur at some dispensations , which it seems god would have to be no otherwise : and therefore give me leave to conjure you to manage your leisure better then in producing such filthy ill-natur'd pamphlets as you almost every day belch out against the state , which protects you ; or that if you must needs write , you would be pleas'd to inhibit or suppresse them , and by that means save the charge of brown paper for roast-meat and pye-bottoms : or else according to horace his advice , let them serve a nine years apprenticeship at the druggists , which if they serve , you might try whether you your selfe had the patience to read them , and so learn to forgive others that could not : but if none of this will do ▪ and you are deafe and inexorable to your own purposes ; we must give you up as incurable , and say , the spirit of sedition and jenkins hath enterd this man , and the blatant-beast ( in spencer ) is never like to be bound again so long as she survives in you . fare ye well . the end . notes, typically marginal, from the original text notes for div a e- pref. to don quixot ▪ a treatise of taxes and contributions shewing the nature and measures of [brace] crown-lands, assessments, customs, poll-moneys, lotteries, benevolence, penalties, monopolies, offices, tythes, raising of coins, harth-money, excize, &c. : with several intersperst discourses and digressions concerning [brace] warres, the church, universities, rents and purchases, usury and exchange, banks and lombards, registries for conveyances, beggars, ensurance, exportation of money/wool, free-ports, coins, housing, liberty of conscience, &c. : the same being frequently applied to the present state and affairs of ireland. petty, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise of taxes and contributions shewing the nature and measures of [brace] crown-lands, assessments, customs, poll-moneys, lotteries, benevolence, penalties, monopolies, offices, tythes, raising of coins, harth-money, excize, &c. : with several intersperst discourses and digressions concerning [brace] warres, the church, universities, rents and purchases, usury and exchange, banks and lombards, registries for conveyances, beggars, ensurance, exportation of money/wool, free-ports, coins, housing, liberty of conscience, &c. : the same being frequently applied to the present state and affairs of ireland. petty, william, sir, - . [ ], , [ ] p. printed for n. brooke ..., london : . attributed to william petty by wing. includes index. errata: p. 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crown-lands . assessements . customs . poll-moneys . lotteries . benevolence . penalties . monopolies . offices . tythes . raising of coins . harth-money . excize , &c. with several intersperst discourses and digressions concerning warres . the church . universities . rents & purchases . usury & exchange . banks & lombards . registries for conveyances . beggars . ensurance . exportation of money . exportation of wool. free-ports . coins . housing . liberty of conscience , &c. the same being frequently applied to the present state and affairs of ireland . london , printed for n. brooke , at the angel in cornhill . . the preface . young and vain persons , though perhaps they marry not primarily and onely on purpose to get children , much less to get such as may be fit for some one particular vocation ; yet having children , they dispose of them as well as they can according to their respective inclinations : even so , although i wrote these sheets but to rid my head of so many troublesome conceits , and not to apply them to the use of any one particular people or concernment ; yet now they are born , and that their birth happened to be about the time of the duke of ormond's going lord lieutenant into ireland , i thought they might be as proper for the consideration of that place , as of any other , though perhaps of effect little enough in any . ireland is a place which must have so great an army kept up in it , as may make the irish desist from doing themselves or the english harm by their future rebellions . and this great army well , as well in times and matters of peace as war , and understands the interests as well of particular persons , as of all and every factions and parties struggling with each other in that kingdom ; understanding withall the state of england , and also of several forreign nations , with reference to ireland . . his grace hath given fresh demonstration of his care of an english interest in ireland , and of his wisdom in reconciling the several cross concernments there so far as the same is possible . . his graces estate in lands there is the greatest that ever was in ireland , and consequently he is out of the danger incident to those proreges , against whom cambden sayes , hibernia est semper querula ; there being no reason for ones getting more land , who hath already the most of any . . whereas some chief governours who have gone into ireland , chiefly to repair or raise fortunes , have withdrawn themselves again when their work hath been done , not abiding the clamors and complaints of the people afterwards : but his grace hath given hostages to that nation for his good government , and yet hath taken away aforehand all fears of the contrary . . his grace dares do whatever he understands to be fitting , even to the doing of a single subject justice against a confederate multitude ; being above the sinister interpretations of the jealous and querulous ; for his known liberality and magnificence shall ever keep him free from the clamor of the people , and his through-tried fidelity shall frustrate the force of any subdolous whisperings in the ears of his majesty . . his good acceptance of all ingenious endeavours , shall make the wise men of this eastern england be led by his star into ireland , and there present him with their choicest advices , who can most judiciously select and apply them . lastly , this great person takes the great settlement in hand , when ireland is as a white paper , when there sits a parliament most affectionate to his person , and capable of his counsel , under a king curious as well as careful of reformation ; and when there is opportunity , to pass into positive laws whatsoever is right reason and the law of nature . wherefore by applying those notions unto ireland , i think i have harped upon the right string , and have struck whilest the iron is hot ; by publishing them now , when , if ever at all , they be useful . i would now advertise the world , that i do not think i can mend it , and that i hold it best for every mans particular quiet , to let it vadere sicut vult ; i know well , that res nolunt male administrari , and that ( say i what i will or can ) things will have their course , nor will nature be couzened : wherefore what i have written ( as i said before ) was done but to ease and deliver my self , my head having been impregnated with these things by the daily talk i hear about advancing and regulating trade , and by the murmurs about taxes , &c. now whether what i have said be contemned or cavilled at , i care not , being of the same minde about this , as some thriving men are concerning the profuseness of their children ; for as they take pleasure to get even what they believe will be afterwards pissed against the wall , so do i to write , what i suspect will signifie nothing : wherefore the race being not to the swift , &c. but time and chance happening to all men , i leave the judgement of the whole to the candid , of whose correction i shall never be impatient . the index . an enumeration and description of the several branches of the publick charge . page the maintenance of governours ought to be in greater splendour then private callings can reach to . ibidem the honour of being trusted , and the pleasure of being feared , is reward enough for some offices . p. the pastorage of souls ought to be a publick charge even upon a civil account . ibid. the use of schools and universities , as they are a publick charge . the common and general causes , which encrease and aggravate the burthen of paying taxes . the causes that excite forreign and offensive wars . ibid. the causes of defensive and civil wars . a cause of unnecessary ecclesiastical charge , is the not sizing of parishes according to the alterations which have been in religion and trade . that five thousand parishes are enough for england and wales , so as to give unto each but a thousand parishioners , and so as that none need go two miles to church . antiquated offices and overgrown fees a cause of unnecessary charge in the government , and administration of justice . registers for conveyances of lands and depositories for moveable pawns , as also banks of money will lessen the charge of law-suits and writings . how the number of such as relate to the faculty of medicine may be adjusted . how the number of students in the universities intending to make learning the way of their livelihood may be adjusted . ibid. an use propounded sor the choice parish-children and foundlings , to force on an useful work , which hath hitherto been but perfunctorily pursued . ibid. that the number of unnecessary merchants and retailers be retrenched . the careful maintenance and education of exposed children , and concealing their names and families , is a matter of great consequence . ibid. a proposal of several employments , for beggars and such as have now no work. great works of labour though in themselves unnecessary , are nevertheless of advantage to the publick . the mending of highwayes , building bridges and causeys , and the making of rivers navigable in england , would make english horses an exportable commodity , and help to vend the commodities of ireland . ibid. the causes of unquiet bearing of taxes , viz. first , that the sovereign exacts too much . secondly , that assessments are unequally laid . ibid. thirdly , that the moneys levied are vainly expended . ibid. fourthly , or given to favourites . ibid. fifthly , ignorance of the number , trade , and wealth of the people . sixthly , obscurity about the right of imposing . ibid. seventhly , fewness of people . ibid. eighthly , scarcity of money , and confusion of coins . ninthly , that scarce an hundredth part of the riches of this nation is coined bullion . ibid. tenthly , the non-acceptance of some commodities in specie in discharge of taxes . ibid. the consequences of a tax too heavy if there be too much money in a nation , which may be ; or is there be too little , and that either in a state well or ill governed . , , the first way of providing for the publick charge , is the excinding or setting apart of a proportion of the territory , in the nature of crown-lands . the second is taking away the same proportion of the rents of all lands . the nation is happy where either of the said two wayes is practised ab antiquo , and upon original agreement , and not exacted as a sudden contingent surcharge upon the people . the owners of settled rents bear the burthen of a land-tax , or assessment , others probably gaining thereby . ibid. a land-tax upon free estates resolves into an excize upon consumptions . assessment upon housing more uncertain then that of land , housing being of a double nature , viz. either an instrument of gain , or way of expence . ibid. the heavy taxing of housing no discouragement to new buildings ; nor is the discouragement of new buildings any means to prevent the populousness of a city ibid. prohibition to build upon new foundations serves onely to fix the ground-plot of a city . the reason why the city of london removes its ground-plot westward . ibid. that 't is probable the king of englands palace will in process of time be towards chelsey . ibid. that the present seat of london will be the greatest cohabitation of people ever whilst this island is inhabited . the nature and natural measures of the rent of land , computed in commodities of the growth of the said land. ibid. the par between food or other proceed of land , and bullion or coin. the par between gold and silver . ibid. gold and silver are not natural standards of the values of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the prime denominations of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are but two , viz. land and labour , as the denominations of money in england are pounds , shillings , pence . ibid. of the par between land and labour . ibid. the reason of the number of years purchase that land is worth in several countreys . why land in ireland is worth fewer years purchase then in england . , . the description and ratio formalis of usury . the same of exchange . ibid. the measures of both . , why usury hath been limited more then exchange . a parallel between the changes of the prince of money , and that of land. ibid. how to compute and compare the rents of lands , in order to a just land-tax or assessment . the intrinsick value of land is found by surveys of the quantity , figure , and scituation . ibid. and by the survey of the quality , viz. its aptitude to bear ; first , precious commodities ; secondly , the best of the kinde ; thirdly , most in quantity . ibid. the extrinsick or accidental value depends upon the plenty of money , luxurious or frugal living ; the opinions civil , natural , and religious of the people . ibid. it is necessary to these enquiries to know how to tell the gold and silver coins of this present age , and compare the same with that of former times . how to compare not onely the money of this present age with that of the former , but the entire riches of the present with the former people . ibid. by the numbers of people , and the proportion of money amongst them , the accidental values of lands are to be computed . how to proportion the rates of a commodity in one place , unto the rates of the same in another place . ibid. that the day-wages of labourers and several other of the most vulgar tradesmen ought to be ascertain'd , and well adapted to the changes of time . ibid. that though the difficulty of computing the contingent values of land be great , yet there be greater reasons for undergoing it . the nature of credit , as the said word is commonly used among tradesmen , and otherwise . ibid. that the sovereigns exact knowledge of the subjects estates would do them no harm . ibid. a descriptiou of the duty of customs . a conjecture that customs at first were a kinde of praemium for ensurance against pyrates . ibid. the measures of the said duty upon exported goods . the inconvenience of too heavy customs . ibid. what commodities may be forced to pay customs . the measures of customs upon imported goods . ibid. the inconveniences of raising money , by the way of customs . ibid. a proposal , that instead of tunnage and poundage upon shipped goods , a tunnage were paid out of the ships fraight . or that the customs were taken as an ensurance - praemium . ibid. of prohibited commodities in general . ibid. of prohibiting the exportation of money and bullion . the said prohibition of money serves as a sumptuary law. ibid. about the exportation of wool. ibid. the lessening of our sheep-trade , and encrease of corn-tillage is an expedient in this case for many reasons . other considerations tending to shew , that the too vehement prohibitions of wool may be ineffectual ; or to do more harm then good of prohibiting importations . ibid. it were better to make and raise commodities , though to burn them , then not to make them , or let the makers lose their faculty , and be idle . ibid. of free ports , and in what cases they may do good or harm . of poll-money , and the sorts of it . ibid. the faults of the late poll-moneys . of the most simple poll-money , where all pay alike , its conveniencies and inconveniencies . ibid. of poll-money upon titles , offices , and faculties . harth-money is of the same nature with simple poll-money , but both are rather accumulative excizes . grants for publick lotteries are taxes upon the people . ibid. why lotteries ought not to be allowed but by good authority . ibid. raising of money by benevolence is a real tax . three cases where the way of a benevolence may be made good . ibid several reasons against it . , the several species of penalties . a doubt whether the penalties set down in moses law ought to be inflicted now . the proper use and reason of every sort of penalty . perpetual imprisonment is a kinde of slow death . in what case death , mutilation , imprisonment , disgrace , &c. ought to be commuted for pecuniary mulcts . ibid. the meaning of the double and multiple restitutions mentioned in the law of moses . ibid. of the wayes for punishing or permitting heterodox believers in religion . that the sovereign may do either . that all pseudodoxies whatsoever may be safely muzzled from doing harm by pecuniary mulcts . , that the sovereign by punishing them with death , mutilations , or imprisonments , doth therein punish himself , and that too re infecta , very often . that the pastours ought in some measure to be punished for the errours and defections of their flocks . the true use of the clergy is rather to be patterns of holiness , then to teach men variety of opinions de rebus divinis . the substance of all that hath been said in this whole discourse about the church . ibid. the abuse of penal laws . of monopolies . ibid. the use and reason of instituting monopolies . a digression about new inventions , and the vexations incident to the projectors of new practices . ibid. offices instituted by the state , with fees of their own appointment , are of a parallel nature to monopolies . why the fees of offices were great heretofore . ibid. how offices are become as a saleable commodity . why many superfluous offices are not abolished . ibid. a description of tythes in several particulars . the causes why tythes encrease . ibid. the rent of the lands of england is but a quarter of the expence of the people . the tythes in england are six times as much as they were four hundred years ago . ibid. the clergy are far richer now then they were in ancient times , and yet have less work to do . ibid. the danger of too many church men . how to adjust the number of church-men and students in divinity . ibid. tythes is now no tax or burthen upon the people . the way of tythes is a good pattern for a tax . ibid , the way of paying tythes in the city and countrey is very disproportionable . the inconveniences of contributing to the publick charge after the manner of tythes . ibid. a reason why the wayes of taxing the people are often shifted . the state gains in several countreys by being the common cashier , usurer , ensurer , monopolist , &c. the case of the jews ( every where subject to great taxes ) briefly stated . the way of leavying an aliquot part of mens estates very dangerous . ibid. alterations in the values of coins is a tax upon such as live by determined rents , pensions , fees , &c. what is embasing of moneys , and what is not . ibid. of tin and copper money , as well curiously as coursly wrought . ibid. of the tokens coined by retailing shop-keepers . ibid. what is gold and silver embased . the reasons for embasing of money . ibid. reasons against the same . ibid. what is properly raising of money . the effect of raising both domestick and forreign coins . ibid. raising of money changes the species of moneys , but lessens the bullion . ibid. why many wise states have raised their moneys . raising of forreign money to a double value , or abating the price of our native commodities to half , is not all one , but the former is better . the way of computing and comparing the prices of commodities upon natural grounds . , men are really and actually rich according to what they spend and enjoy in their own persons . excize being a tax upon such riches , is a just way by which to defray the publick charge . ibid. that a proportion ought to be pitched between the expence or consumption of the whole nation , and the publick charge thereof . ib. commodities ought not to be taxed until they be just ripe for consumption . commodities of equal value may be unequally excized with justice . ibidem . of accumulating the excize of many things upon some one thing . ibid. whether native commodities exported ought to pay excize . ibid. the explication of accumulative excize . reason for accumulating the excize of all things upon some one thing . ibid. why beer ought not to be that one thing harth or smoak-money is an accumulative excize , with the reasons for and against it . ibid. reasons in behalf of the excize . of framing persons to be fit for great trusts , as to be cashiers , store-keepers , checques , &c. ibid. chap. i. of the several sorts of publick charges . the publick charges of a state , are , that of its defence by land and sea , of its peace at home and abroad , as also of its honourable vindication from the injuries of other states ; all which we may call the charge of the militia , which commonly is in ordinary as great as any other branch of the whole ; but extraordinary , ( that is , in time of war , or fear of war ) is much the greatest . . another branch of the publick charge is , the maintenance of the governours , chief and subordinate ; i mean , such not onely as spend their whole time in the execution of their respective offices , but also who spent much in fitting themselves as well with abilities to that end , as in begetting an opinion in their superiours of such their ability and trustworthiness . . which maintenance of the governours is to be in such a degree of plenty and splendour , as private endeavours and callings seldom reach unto : to the end , that such governours may have the natural as well as the artificial causes of power to act with . for if a great multitude of men should call one of their number king , unless this instituted prince , appear in greater visible splendour then others , can reward those that obey and please him , and do the contrary to others ; his institution signifies little , even although he chance to have g●●●ter corporal or mental faculties , then any other of the number . . there be offices which are but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as sheriffs , justices of the peace , constables , churchwardens , &c. which men may attend without much prejudice to their ordinary wayes of livelihood , and for which the honour of being trusted , and the pleasure of being feared , hath been thought a competent reward . . unto this head , the charge of the administring justice may be referred , as well between man and man , as between the whole state or commonalty and particular members of it ; as well that of righting and punishing past injuries and crimes , as of preventing the same in time to come . . a third branch of the publick charge is , that of the pastorage of mens souls , and the guidance of their consciences ; which , one would think ( because it respects another world , and but the particular interest of each man there ) should not be a publick charge in this : nevertheless if we consider how easie it is to elude the laws of man , to commit unproveable crimes , to corrupt and divert testimonies , to wrest the sense and meaning of the laws , &c. there follows a necessity of contributing towards a publick charge , wherewith to have men instructed in the laws of god , that take notice of evil thoughts and designs , and much more of secret deeds , and that punisheth eternally in another world , what man can but slightly chastise in this . . now those who labour in this publick service , must also be maintained in a proportionable splendour ; and must withall have the means to allure men with some kinde of reward , even in this life ; forasmuch , as many heretofore followed even christ himself but for the loaves he gave them . . another branch is , the charge of schools and universities , especially for so much as they teach above reading , writing , and arithmetick ; these being of particular use to every man , as being helps and substitutes of memory and reason , reckoning being of the latter , as writing and reading are of the former ; for whether divinity , &c. ought to be made a private trade , is to me a question . . 't is true , that schools and colledges are now for the most part but the donations of particular men , or places where particular men spend their money and time upon their own private accounts ; but no doubt it were not amiss , if the end of them were to furnish all imaginable helps unto the highest and finest natural wits , towards the discovery of nature in all its operations ; in which sense they ought to be a publick charge : the which wits should not be selected for that work , according to the fond conceits of their own parents and friends , ( crows that think their own birds ever fairest ) but rather by the approbation of others more impartial ; such as they are , who pick from out of the christians children the ablest instruments and support of the turkish government . of which selections more hereafter . . another branch is , that of the maintenance of orphans , found and exposed children , which also are orphans ; as also of impotents of all sorts , and moreover such as want employment . . for the permitting of any to beg is a more chargeable way of maintaining them whom the law of nature will not suffer to starve , where food may possibly be had : besides , it is unjust to let any starve , when we think it just to limit the wages of the poor , so as they can lay up nothing against the time of their impotency and want of work . . a last branch may be , the charge of high-wayes , navigable rivers , aquaeducts , bridges , havens , and other things of universal good and concernment . . other branches may be thought on , which let other men either refer unto these , or adde over and above . for it suffices for my purpose to have for the present set down these the chief and most obvious of all the rest . chap. ii. of the causes which encrease and aggravate the several sorts of publick charges . having thus spoken of the several sorts of publick charges , we shall next consider the causes which encrease them both in general and in particular . among the general causes is , first , the unwillingness of the people to pay them ; arising from an opinion , that by delay and reluctancy they may wholly avoid them , with a suspition that what is imposed is too much , or that what is collected is embezelled or ill expended , or that it is unequally leavied and assessed . all these resolving into an unnecessary charge to collect them , and of forcing their prince to hardships towards the people . . another cause which aggravates taxes is , the force of paying them in money at a certain time , and not in commodities , at the most convenient seasons . . thirdly , obscurities and doubts concerning the right of imposing . . fourthly , scarcity of money , and confusion of coins . . fifthly , fewness of people , especially of labourers and artificers . . sixthly , ignorance of the numbers , wealth and trade of the people , causing a needless repetition of the charge and trouble of new additional levies , in order to amend mistakes . . as to particulars . the causes of encreasing the military charge are the same with those that enrease wars , or fear of wars , which are forreign or civil . . an offensive forreign war is caused by many , and those very various , secret , personal distastes coloured — with publick pretences ; of which we can say nothing , but that the common encouragement unto them particularly here in england is a false opinion , that our countrey is full peopled , o● that if we wanted more territory , we could take it with less charge from our neighbours , then purchase it from the americans ; and a mistake , that the greatness and glory of a prince lyeth rather in the extent of his territory , then in the number , art , and industry of his people , well united and governed . and moreover , that it is more glorious to take from others by fraud or rapine , then to gain ones self out of the bowels of the earth and sea. . now those states are free from forreign offensive wars ( arising as abovesaid out of personal and private causes ) where the chief governours revenue is but small , and not sufficient to carry on such wars , the which if they happen to be begun , and so far carryed on , as to want more contributions , then those who have the power to impose them , do commonly enquire what private persons and ends occasioned the war , and so fall upon the authors , rather then contribute to the effect ; otherwise then to quench it . . defensive wars are caused from unpreparedness of the offended state for war , as when defective stores are served into the magazines by corrupt officers at the rate of good ; when armies are fasly mustered ; when souldiers are either tenants or servants to their commanders , or else persons , who for their crimes or debts , want protection from justice ; when the officers are ignorant of their business , and absent from their commands ; and withal afraid to punish , because unwilling to pay . wherefore to be alwayes in a posture of war at home , is the cheapest way to keep off war from abroad . . the causes of civil wars here in europe proceed very much from religion , viz. the punishing of believers heterodox from the authorized way , in publike and open places , before great multitudes of ignorant people , with loss of life , liberty , and limbs , rather then by well proportioned tolerable pecuniary mulcts , such as every conscientious non-conformist would gladly pay , and hypocrites by refusing , discover themselves to be such . . civil wars are likewise caused by peoples fansying , that their own uneasie condition may be best remedied by an universal confusion ; although indeed upon the upshot of such disorders they shall probably be in a worse , even although they survive and succeed , but more probably perish in the contest . . moreover , the peoples believing that forms of government shall in a few years produce any considerable alteration as to the wealth of the subject ; that the form which is most ancient and present is not the best for the place ; that any established family or person is not better then any new pretender , or even then the best election that can be made ; that sovereignty is invisible , and that it is not certainly annexed unto some certain person or persons . . causes of civil war are also , that the wealth of the nation is in too few mens hands , and that no certain means are provided to keep all men from a necessity either to beg , or steal , or be souldiers . moreover , the allowing luxury in some , whilst others starve . the dispensing of benefits upon casual and uncertain motives , the giving vaste emoluments to persons and parties of no certain visible merit . these are the things which cause animofities among the totter-headed multitude , who are the tinder that the sparks of a few designers may easily inflame . . the cause of publick charge in matters of religion , are the not having changed the limits of parishes and cures with the change of religion from popery , and with the changes in plantation and trade . for now when the ministers of the gospel preach unto multitudes assembled in one place , may not parishes be bigger ? that is , may not flocks be more numerous , then when every particular sheep was , as heretofore , drest and shorn three or four times per annum by shrift . if there be in england and wales but about five millions of people , what needs more then . parishes ? that is . sheep under every shepheard . whereas in the middling parishes of london there are about . souls in each . upon which account there needs be in england and wales but a . parishes , whereas there are near . . now the saving of half the parishes , would ( reckoning the benefices one with another , but at l . per annum a piece ) save l . besides , when the number of parochial parsons were halved , then there would need but half the present number of byshops , deans and chapters , colledges and cathedralls , which perhaps would amount to two or three hundred thousand pounds more : and yet the church of god would be more regularly served then now , and that without prejudice to that sacred , ancient order of episcopacy , and the way of their maintenance by tythes ; and all this in a method of greater reformation and suitableness thereunto . . but suppose it be said , that in some wild countreys , a thousand people do not live in a less scope of ground then of eight miles square . to which i answer , that there are few or no such places , the largest parishes i know , being not more capacious then of three or four miles square , in which is no difficulty , for the people to meet once a week at some central place within that scope . . moreover i say , that a curate of small learning , if of good life , and duly ordained , may officiate in four chappels of ease every sunday ; and the preacher , who indeed should be a person of learning and eloquence , may preach every other sunday in every of the said chappels , by preaching in two of them one day , and in the other two , the other day : and this with catechizing , and extra-lectures upon the week-dayes , would perform as much as now is performed , and as much as by the blessing of god is necessary to salvation ; for the yoak of christ is easie , and his burthen light . . but to put an end to this doubt ; i affirm , that if england and wales were cut out in parcels of three miles square , there would be found few above four thousand such , of which to make parishes . . now if it be said , that the alienation of these tythes is sacriledge ; i answer , that if the same be employed to defend the church of god against the turke and pope , and the nations who adhere to them , it is not at all ; or less , then to give ¾ . of the same to the wives and children of the priests which were not in being when those allowances were set forth ? . if i had not an abhorrence from propounding the lessening of the church means , i could say , that the retrenching part of each remaining parsons tythes and emoluments , and leaving him for part , to the free contributions of his flocks , were a way to promote the gospel , and to give less offence to such as think that their whole maintenance should be made in that manner . . i might also say , that forasmuch as there be more males then females in england , ( the said disproportion pro tanto hindering procreation ) that it were good for the ministers to return to their caelibat ; or that none should be ministers , whilst they were married , it being easie among five millions of people to finde out . that could and would live single , that is , one in a thousand : and then our unmarried parson might live as well with half , as now with the whole of his benefice . . alwayes provided , that though the number of parishes , and the measure of benefices were lessened , yet that the same ought to be done without dammage to the present incumbents . . as for lessening the charge of offices relating to the government and the law , the same will consist in abolishing the superfluous , supernumerary , and antiquated ; and withall , in retrenching the fees of others , to what the labour , art , and trust of their respective employments do require . for there be many offices wholly executed by deputies for small wages , whereas the masters of them have ten times as much , although they know nothing either of what is done , or ought to be done in the business . . now such surplusages as these should be either restored unto the people who gave them unto the king , at a time when those fees made up but a just reward for the officer ; or else the king keeping them still might take them for so much toward the publick charge , but not give them away to stop the importunate suits of any particular person , in whom and in all his dependants , such benefits do but cause a laziness as to the true original gain of the nation , and themselves in particular , together with a total negligence and ignorance of the publick good . . many are the particulars that might be instanced of this kinde ; but my aim not being to prejudice any man in particular , i descend no lower , wishing onely that there might be an universal reformation of what length of time hath warped awry , in which case no particular men are to be troubled ; for if all suffer , none suffers , and all men would be no poorer then now they are if they should lose half their estates ; nor would they be a whit the richer if the same were doubled , the ratio formalis of riches lying rather in proportion then quantity . . to lessen the charge of universities , unto which i adde the inns of court , which is not much , were to lessen the number of the students in divinity , law and medicine , by lessening the use of those professions . now having spoken already of divinity , i come next to the law , and say ; that if registers were kept of all mens estates in lands , and of all the conveyances of , and engagements upon them ; and withal if publick loan-banks , lombards , or banks of credit upon deposited money , plate , jewels , cloth , wooll , silke , leather , linnen , mettals , and other durable commodities , were erected , i cannot apprehend how there could be above one tenth part of the law-suits and writings , as now there are . . and moreover , if by accompt of the people , of their land and other wealth , the number of lawyers and scriveners were adjusted , i cannot conceive how their should remain above one hundredth part of what now are ; forasmuch as i have heard some affirm , that there be now ten times as many as are even now necessary ; and that there are now ten times as many law-suits , as upon the abovementioned reformation , there would be . it follows therefore , that upon the whole there would not need one in a hundred of the present number of retainers to the law , and offices of justice ; the occasions as well of crimes as injuries being so much retrenched . . as for physicians , it is not hard by the help of the observations which have been lately made upon the bills of mortality , to know how many are sick in london by the number of them that dye , and by the proportions of the city to finde out the same of the countrey ; and by both , by the advice of the learned colledge of that faculty to calculate how many physicians were requisite for the whole nation , and consequently , how many students in that art to permit and encourage ; and lastly , having calculated these numbers , to adoptate a proportion of chyrurgeons , apothecaries , and nurses to them , and so by the whole to cut off and extinguish that infinite swarm of vain pretenders unto , and abusers of that god-like faculty , which of all secular employments our saviour himself after he began to preach engaged himself upon . . moreover , if it were agreed , what number of divines , physicians , and civilians ( that is , of men bred in universities ) were requisite to the publick service ? as suppose . in the present way , and perhaps not above . in that way of retrenchment which we propound ; then supposing that but one in forty dyes per annum , it follows that less then . might suffice to be sent yearly out of the universities : where supposing they stay five years one with another , it followeth also that about . is the number of students fit to be allowed in the universities at a time ; i mean , of such as intend to make learning their trade and way of livelihood . . i might intimate , that if . students were enough , and that if there were . parish children and foundlings in england , it were probable that one in twenty of them might be of excellent wit and towardness . now since the publick may dispose of these children as they please , and since there is maintenance in both universities for above . what if our professors of art were in this manner selected and educated ? but of this but in transitu . . hereunto may be added , that by reason of loan banks aforementioned , whereby the credits and estates of all dealers may be known , and all the mysterious dangers of money prevented , and that by good accompts of our growth , manufacture , consumption , and importation , it might be known how many merchants were able to mannage the exchange of our superfluous commodities with the same of other countreys : and also how many retailers are needful to make the subdistributions into every village of this nation , and to receive back their superfluities . upon these grounds i presume a large proportion of these also might be retrenched , who properly and originally earn nothing from the publick , being onely a kinde of gamesters , that play with one another for the labours of the poor ; yielding of themselves no fruit at all , otherwise then as veins and arteries , to distribute forth and back the blood and nutritive juyces of the body politick , namely the product of husbandry and manufacture . . now if the numerous offices and fees relating to the government , law , and church , and if the number of divines , lawyers , physicians , merchants , and retailers were also lessened , all which do receive great wages for little work done to the publick , with how much greater ease would common expences be defrayed ? and with how much more equality would the same be assessed ? . we enumerated six branches of the publick charge , and have slightly spoken how four of them might be lessened ; we come next to the other two branches , whereof we shall rather recommend the augmentation . the first of these two branches i call , generally speaking , care of the poor , consisting of receptacles for the aged , blinde , lame , &c. in health ; hospitals for noysome , chronical , curable and uncurable , inward and outward diseases , with others for acute and contagious . others for orphans , found and exposed children ; of which latter sort none should be refused , let the number be never so great , provided their names , families , and relations were well concealed : the choice of which children being made at their being about eight or ten years old , might afford the king the fittest instruments for all kinde of his affairs , and be as firmly obliged to be his faithful servants as his own natural children . . this is no new nor rare thing , onely the neglect of it in these countreys , is rather to be esteemed a rare and new project : nor is it unknown what excellent fruits there have been of this institution , of which we shall say much more , upon another occasion hereafter . . when all helpless and impotent persons were thus provided for , and the lazy and thievish restrained and punished by the minister of justice , it follows now , that we finde out certain constant employments for all other indigent people , who labouring according to the rules upon them , may require a sufficiency of food and raiment . their children also , ( if small and impotent ) as aforesaid , being provided for elsewhere . . but what shall these employments be ? i answer , such as were reckoned as the sixth branch of the publick expence , viz. making all high-wayes so broad , firm , and eaven , as whereby the charge and tedium of travelling and carriages may be greatly lessened . the cutting and scowring of rivers into navigable ; the planting of usefull trees for timber , delight , and fruit in convenient places : the making of bridges and cawseys . the working in mines , quarries , and colleries . the manufactures of iron , &c. . i pitch upon all these particulars , first , as works wanting in this nation ; secondly , as works of much labour , and little art ; and thirdly , as introductive of new trades into england , to supply that of cloth , which we have almost totally lost . in the next place it will be asked , who shall pay these men ? i answer , every body ; for if there be . men in a territory , and if . of these can raise necessary food and raiment for the whole . if . more make as much commodities , as other nations will give either their commodities or money for , and if . more be employed in the ornaments , pleasure , and magnificence of the whole ; if there be . governours , divines , lawyers , physicians , merchants , and retailers , making in all . the question is , since there is food enough for this-supernumerary . also , how they should come by it ? whether by begging , or by stealing ; or whether they shall suffer themselves to starve , finding no fruit of their begging , or being taken in their stealing be put to death another way ? or whether they shall be given away to another nation that will take them ? i think 't is plain , they ought neither to be starved , nor hanged , nor given away ; now if they beg , they may pine for hunger to day , and be gorged and glutted to morrow , which will occasion diseases and evil habits , the same may be said of stealing ; moreover , perhaps they may get either by begging or stealing more then will suffice them , which will for ever after indispose them to labour , even upon the greatest occasion which may suddenly and unexpectedly happen . . for all these reasons , it will be certainly the safer way to afford them the superfluity which would otherwise be lost and wasted , or wantonly spent : or in case there be no overplus , then 't is fit to retrench a little from the delicacy of others feeding in quantity or quality ; few men spending less then double of what might suffice them as to the bare necessities of nature . . now as to the work of these supernumeraries , let it be without expence of foreign commodities , and then 't is no matter if it be employed to build a useless pyramid upon salisbury plain , bring the stones at stonehenge to tower-hill , or the like ; for at worst this would keep their mindes to discipline and obedience , and their bodies to a patience of more profitable labours when need shall require it . . in the next place , as an instance of the usefulness of what hath been propounded , i ask what benefit will the mending of high-wayes , the building of bridges and cawseys , with making of rivers navigable produce , besides the pleasure and beauty of them ? to which i also answer , as an instance of the premises , that the same , together with the numerous missions of cattle and sheep out of ireland , shall produce a vaste superfluity of english horses , the which because they have the many excellent qualities of beauty , strength , courage , swiftness , and patience concentrated in them , beyond the horses of other places , would be a very vendible commodity all over europe ; and such as depending upon the intrinsick nature of the english soyle could not be counterfeited , nor taken away by others . moreover , an horse is such a commodity as will carry both himself and his merchant to the market , be the same never so distant . chap. iii. how the causes of the unquiet bearing of taxes may be lessened . we have slighty gone through all the six branches of the publick charge , and have ( though imperfectly and in haste ) shewn what would encrease , and what would abate them . we come next to take away some of the general causes of the unquiet bearing of taxes , and yielding to contributions , viz. . . that the people think , the sovereign askes more then he needs . to which we answer , . that if the sovereign were sure to have what he wanted in due time , it were his own great dammage to draw away the money out of his subjects hands , who by trade increase it , and to hoard it up in his own coffers , where 't is of no use even to himself , but lyable to be begged or vainly expended . . . let the tax be never so great , if it be proportionable unto all , then no man suffers the loss of any riches by it . for men ( as we said but now ) if the estates of them all were either halfed or doubled , would in both cases remain equally rich . for they would each man have his former state , dignity , and degree ; and moreover , the money leavied not going out of the nation , the same also would remain as rich in comparison of any other nation ; onely the riches of the prince and people would differ for a little while , namely , until the money leavied from some , were again refunded upon the same , or other persons that paid it : in which case every man also should have his chance and opportunity to be made the better or worse by the new distribution ; or if he lost by one , yet to gain by another . . . now that which angers men most , is to be taxed above their neighbours . to which i answer , that many times these surmizes are mistakes , many times they are chances , which in the next tax may run more favourable ; and if they be by design , yet it cannot be imagined , that it was by design of the sovereign , but of some temporary assessor , whose turn it may be to receive the talio upon the next occasion from the very man he has wronged . . . men repine much , if they think the money leavyed will be expended on entertainments , mangnificent shews , triumphal arches , &c. to which i answer , that the same is a refunding the said moneys to the tradesmen who work upon those things ; which trades though they seem vain and onely of ornament , yet they refund presently to the most useful ; namely , to brewers , bakers , taylours , shoemakers , &c. moreover , the prince hath no more pleasure in these shews and entertainments then . others of his meanest subjects have , whom , for all their grumbling , we see to travel many miles to be spectators of these mistaken and distasted vanities . . . the people often complain , that the king bestows the money he raises from the people upon his favourites : to which we answer ; that what is given to favourites , may at the next step or transmigration , come into our own hands , or theirs unto whom we wish well , and think do deserve it . . secondly , as this man is a favourite to day , so another , or our selves , may be hereafter ; favour being of a very slippery and moveable nature , and not such a thing as we need much to envy ; for the same way that — leads up an hill , leads also down the same . besides , there is nothing in the lawes or customes of england , which excludes any the meanest mans childe , from arriving to the highest offices in this kingdom , much less debars him from the personall kindness of his prince . . all these imaginations ( whereunto the vulgar heads are subject ) do cause a backwardness to pay , and that necessitates the prince to severity . now this lighting upon some poor , though stubborn , stiff-necked refuser , charged with wife and children , gives the credulous great occasion to complain of oppression , and breeds ill blood as to all other matters ; feeding the ill humours already in being . . . ignorance of the number , trade , and wealth of the people , is often the reason why the said people are needlesly troubled , viz. with the double charge and vexation of two , or many levies , when one might have served : examples whereof have been seen in late poll-moneys ; in which ( by reason of not knowing the state of the people , viz. how many there were of each taxable sort , and the want of sensible markes whereby to rate men , and the confounding of estates with titles and offices ) great mistakes were committed . . besides , for not knowing the wealth of the people , the prince knows not what they can bear ; and for not knowing the trade , he can make no judgment of the proper season when to demand his exhibitions . . . obscurities and doubts , about the right of imposing , hath been the cause of great and ugly reluctancies in the people , and of involuntary severities in the prince ; an eminent example whereof was the ship-money , no small cause of twenty years calamity to the whole kingdom . . . fewness of people , is real poverty ; and a nation wherein are eight millions of people , are more then twice as rich as the same scope of land wherein are but four ; for the same governours which are the great charge , may serve near as well , for the greater , as the lesser number . . secondly , if the people be so few , as that they can live , exsponte creatis , or with little labour , such as is grazing , &c. they become wholly without art. no man that will not exercise his hands , being able to endure the tortures of the mind , which much thoughtfulness doth occasion . . . scarcity of money , is another cause of the bad payment of taxes ; for if we consider , that of all the wealth of this nation , viz. lands , housing , shipping , commodities , furniture , plate , and money , that scarce one part of an hundred is coin ; and that perhaps there is scarce six millions of pounds now in england , that is but twenty shillings a head for every head in the nation . we may easily judge , how difficult it is for men of competent estates , to pay a summe of money on a sudden ; which if they cannot compass , severities , and charges ensue ; and that with reason , though unluckie enough , it being more tolerable to undoe one particular member , then to endanger the whole , notwithstanding indeed it be more tolerable for one particular member to be undone with the whole , then alone . . . it seems somewhat hard , that all taxes should be paid in money , that is , ( when the king hath occasion to victual his ships at portsmouth ) that fat oxen , and corn should not be received in kind , but that farmers must first carry their corn perhaps ten miles to sell , and turn into money ; which being paid to the king , is again reconverted into corn , fetcht many miles further . . moreover , the farmer for haste is forced to under-sell his corn , and the king for haste likewise , is forced to over-buy his provisions . whereas the paying in kinde , pro hic & nunc , would lessen a considerable grievance to the poor people . . the next consideration shall be of the consequences , and effects of too great a tax , not in respect of particular men , of which we have spoken before , but to the whole people in general : to which i say , that there is a certain measure , and proportion of money requisite to drive the trade of a nation , more or less then which would prejudice the same . just as there is a certain proportion of farthings necessary in a small retail trade , to change silver money , and to even such reckonings , as cannot be adjusted with the smallest silver pieces . for money , ( made of gold and silver ) is to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( that is to the matter of our food and covering ) but as farthings , and other local extrinsick money , is to the gold and silver species . . now as the proportion of the number of farthings requisite in comerse is to be taken from the number of people , the frequency of their exchanges ; as also , and principally from the value of the smallest silver pieces of money ; so in like maner , the proportion of money requisite to our trade , is to be likewise taken from the frequency of commutations , and from the bigness of the payments , that are by law or custome usually made otherwise . from whence it follows , that where there are registers of lands , whereby the just value of each mans interest in them , may be well known ; and where there are depositories of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as of metals , cloth , linnen , leather , and other usefuls ; and where there are banks of money also , there less money is necessary to drive the trade . for if all the greatest payments be made in lands , and the other perhaps down to ten pound , or twenty pound be made by credit in lombars or money-banks : it follows , that there needs onely money to pay sums less then those aforementioned ; just as fewer farthings are requisite for change , where there be plenty of silver two pences , then where the least silver piece is six pence . . to apply all this , i say , that if there be too much money in a nation , it were good for the commonalty , as well as the king , and no harm even to particular men , if the king had in his coffers , all that is superflous , no more then if men were permitted to pay their taxes in any thing they could best spare . . on the other side , if the largeness of a publick exhibition should leave less money then is necessary to drive the nations trade , then the mischief thereof would be the doing of less work , which is the same as lessening the people , or their art and industry ; for a hundred pound passing a hundred hands for wages , causes a l . worth of commodities to be produced , which hands would have been idle and useless , had there not been this continual motive to their employment , . taxes if they be presently expended upon our own domestick commodities , seem to me , to do little harm to the whole body of the people , onely they work a change in the riches and fortunes of particular men ; and particularly by transferring the same from the landed and lazy , to the crafty and industrious . as for example , if a gentleman have let his lands to farm for a hundred pound per annum , for several years or lives , and he be taxed twenty pound per annum , to maintain a navy ; then the effect hereof will be , that this gentlemans twenty pound per annum , will be distributed amongst seamen , ship-carpenters , and other trades relating to naval matters ; but if the gentleman had his land in his own hands , then being taxed a fifth part , he would raise his rents near the same proportion upon his under tenants , or would sell his cattle , corn , and wooll a fifth part dearer ; the like also would all other subdependents on him do ; and thereby recover in some measure , what he paid . lastly , but if all the money levied were thrown into the sea , then the ultimate effect would onely be , that every man must work a fifth part the harder , or retrench a fifth part of his consumptions , viz. the former , if forreign trade be improveable , and the latter , if it be not . . this , i conceive , were the worst of taxes in a well policyed state ; but in other states , where is not a certain prevention of beggary and theevery , that is a sure livelihood for men wanting imployment ; there , i confess , an excessive taxe , causes excessive and insuperable want , even of natural necessities , and that on a sudden , so as ignorant particular persons , cannot finde out what way to subsist by ; and this , by the law of nature , must cause sudden effects to relieve it self , that is , rapines , frauds ; and this again must bring death , mutilations , and impisonments , according to the present laws which are mischiefs , and punishments , as well unto the state , as to the particular sufferers of them . chap. iv. of the several wayes of taxe , and first , of setting a part , a proportion of the whole territory for publick uses , in the nature of crown lands ; and secondly , by way of assessement , or land-taxe . but supposing , that the several causes of publick charge are lessened as much as may be , and that the people be well satisfied , and contented to pay their just shares of what is needfull for their government and protection , as also for the honour of their prince and countrey : it follows now to propose the several wayes , and expedients , how the same may be most easily , speedily , and insensibly collected . the which i shall do , by exposing the conveniencies and inconveniences of some of the principal wayes of levyings , used of later years within the several states of europe : unto which others of smaller and more rare use may be referred . . imagine then , a number of people , planted in a territory , who had upon computation concluded , that two millions of pounds per annum , is necessary to the publick charges . or rather , who going more wisely to work , had computed a twenty fifth part of the proceed of all their lands and labours , were to be the excisium , or the part to be cut out , and laid aside for publick uses . which proportions perhaps are fit enough to the affairs of england , but of that hereafter . . now the question is , how the one or the other shall be raised . the first way we propose , is , to excize the very land it self in kinde ; that is , to cut out of the whole twenty five millions , which are said to be in england and wales , as much land in specie , as whereof the rack-rent would be two millions , viz. about four millions of acres , which is about a sixth part of the whole ; making the said four millions to be crown lands , and as the four counties intended to be reserved in ireland upon the forfeitures were . or else to excize a sixth part of the rent of the whole , which is about the proportion , that the adventurers and souldiers in ireland retribute to the king , as quit rents . of which two wayes , the latter is manifestly the better , the king having more security , and more obliges ; provided the trouble and charge of this universal collection , exceed not that of the other advantage considerably . . this way in a new state would be good , being agreed upon , as it was in ireland , before men had even the possession of any land at all ; wherefore whosoever buyes land in ireland hereafter , is no more concerned with the quit rents wherewith they are charged , then if the acres were so much the fewer ; or then men are , who buy land , out of which they know tythes are to be paid . and truly that countrey is happy , in which by original accord , such a rent is reserved , as whereby the publick charge may be born , without contingent , sudden , superadditions , in which lies the very ratio of the burthen of all contributions and exactions . for in such cases , as was said before , it is not onely the landlord payes , but every man who eats but an egg , or an onion of the growth of his lands ; or who useth the help of any artisan , which feedeth on the same . . but if the same were propounded in england , viz. if an aliquot part of every landlords rent were excinded or retrenched , then those whose rents were settled , and determined for long times to come , would chiefly bear the burthen of such an imposition , and others have a benefit thereby . for suppose a. and b. have each of them a parcel of land , of equal goodness and value ; suppose also that a. hath let his parcel for twenty one years at twenty pound per annum , but that b. is free ; now there comes out a taxe of a fifth part ; hereupon b. will not let under l. that his remainder may be twenty , whereas a. must be contented with sixteen neat ; nevertheless the tenants of a. will sell the proceed of their bargain at the same rate , that the tenants of b. shall do . the effect of all this is ; first , that the kings fifth part of b. his farm , shall be greater then before . secondly , that the farmer to b. shall gain more then before the taxe . thirdly , that the tenant or farmer of a. shall gain as much as the king and tenant to b. both . fourthly , the tax doth ultimately light upon the landlord a. and the consumptioners . from whence it follows , that a land-taxe resolves into an irregular excize upon consumptions , that those bear it most , who least complain . and lastly , that some landlords may gain , and onely such whose rents are predetermined shall loose ; and that doubly , viz. one way by the raising of their revenues , and the other by exhausting the prices of provisions upon them . . another way is an excisium out of the rent of houseing , which is much more uncertain then that of land. for an house is of a double nature , viz. one , wherein it is a way and means of expence ; the other , as 't is an instrument and tool of gain : for a shop in london of less capacity and less charge in building then a fair dining-room in the same house , unto which both do belong , shall nevertheless be of the greater value ; so also shall a dungeon , sellar , then a pleasant chamber ; because the one is expence , the other profit . now the way land-taxe rates housing , as of the latter nature , but the excize , as of the former . . we might sometimes adde hereunto , that housing is sometimes disproportionally taxed to discourage building , especially upon new foundations , thereby to prevent the growth of a city ; suppose london , such excessive and overgrown cities being dangerous to monarchy , though the more secure when the supremacy is in citizens of such places themselves , as in venice . . but we say , that such checking of new buildings signifies nothing to this purpose ; forasmuch as buildings do not encrease , until the people already have increased : but the remedy of the abovementioned dangers is to be sought in the causes of the encrease of people , the which if they can be nipt , the other work will necessarily be done . but what then is the true effect of forbidding to build upon new foundations ? i answer to keep and fasten the city to its old seat and ground-plot , the which encouragement for new buildings will remove , as it comes to pass almost in all great cities , though insensibly , and not under many years progression . . the reason whereof is , because men are unwilling to build new houses at the charge of pulling down their old , where both the old house it self , and the ground it stands upon do make a much dearer ground-plot for a new house , and yet far less free and convenient ; wherefore men build upon new free foundations , and cobble up old houses , until they become fundamentally irreparable , at which time they become either the dwelling of the rascality , or in process of time return to waste and gardens again , examples whereof are many even about london . now if great cities are naturally apt to remove their seats , i ask which way ? i say , in the case of london , it must be westward , because the windes blowing near ¾ . of the year from the west , , the dwellings of the west end are so much the more free from the fumes , steams , and stinks of the whole easterly pyle ; which where seacoal is burnt is a great matter . now if it follow from hence , that the pallaces of the greatest men will remove westward , it will also naturally follow , that the dwellings of others who depend upon them will creep after them . this we see in london , where the noblemens ancient houses are now become halls for companies , or turned into tenements , and all the pallaces are gotten westward ; insomuch , as i do not doubt but that five hundred years hence , the kings pallace will be near chelsey , and the old building of whitehall converted to uses more answerable to their quality . for to build a new royal pallace upon the same ground will be too great a confinement , in respect of gardens and other magnificencies , and withall a disaccommodation in the time of the work ; but it rather seems to me , that the next palace will be built from the whole present contignation of houses at such a distance as the old pallace of westminster was from the city of london , when the archers began to bend their bowes just without ludgate , and when all the space between the thames , fleet-street , and holborn was as finsbury-fields are now . . this digression i confess to be both impertinent to the business of taxes , and in it self almost needless ; for why should we trouble our selves what shall be five hundred years hence , not knowing what a day may bring forth ; and since 't is not unlikely , but that before that time we may be all transplanted from hence into america , these countreys being over-run with turks , and made waste , as the seats of the famous eastern empires at this day are . . onely i think 't is certain , that while ever there are people in england , the greatest cohabitation of them will be about the place which is now london , the thames being the most commodious river of this island , and the seat of london the most commodious part of the thames ; so much doth the means of facilitating carriage greaten a city , which may put us in minde of employing our idle hands about mending the high-wayes , making bridges , cawseys , and rivers navigable : which considerations brings me back round into my way of taxes , from whence i digrest . . but before we talk too much of rents , we should endeavour to explain the mysterious nature of them , with reference as well to money , the rent of which we call usury ; as to that of lands and houses , aforementioned . . suppose a man could with his own hands plant a certain scope of land with corn , that is , could digg , or plough , harrow , weed , reap , carry home , thresh , and winnow so much as the husbandry of this land requires ; and had withal seed wherewith to sowe the same . i say , that when this man hath subducted his seed out of the proceed of his harvest , and also , what himself hath both eaten and given to others in exchange for clothes , and other natural necessaries ; that the remainder of corn , is the natural and true rent of the land for that year ; and the medium of seven years , or rather of so many years as makes up the cycle , within which dearths and plenties make their revolution , doth give the ordinary rent of the land in corn. . but a further , though collaterall question may be , how much english money this corn or rent is worth ? i answer , so much as the money , which another single man can save , within the same time , over and above his expence , if he imployed himself wholly to produce and make it ; viz. let another man go travel into a countrey where is silver , there dig it , refine it , bring it to the same place where the other man planted his corn ; coyne it , &c. the same person , all the while of his working for silver , gathering also food for his necessary livelihood , and procuring himself covering , &c. i say , the silver of the one , must be esteemed of equal value with the corn of the other : the one being perhaps twenty ounces , and the other twenty bushels . from whence it follows , that the price of a bushel of this corn to be an ounce of silver . . and forasmuch as possibly there may be more art and hazzard in working about the silver , then about the corn , yet all comes to the same pass ; for let a hundred men work ten years upon corn , and the same number of men , the same time , upon silver ; i say , that the neat proceed of the silver is the price of the whole neat proceed of the corn , and like parts of the one , the price of like parts of the other . although not so many of those who wrought in silver , learned the art of refining and coining , or out-lived the dangers and diseases of working in the mines . and this also is the way of pitching the true proportion , between the values of gold and silver , which many times is set but by popular errour , sometimes more , sometimes less , diffused in the world ; which errour ( by the way ) is the cause of our having been pestred with too much gold heretofore , and wanting it now . . this , i say , to be the foundation of equallizing and ballancing of values ; yet in the superstructures and practices hereupon , i confess there is much variety , and intricacy ; of which hereafter . . the world measures things by gold and silver , but principally the latter ; for there may not be two measures , and consequently the better of many must be the onely of all ; that is , by fine silver of a certain weight : but now if it be hard to measure the weight and fineness of silver , as by the different reports of the ablest saymasters i have known it to be ; and if silver granted to be of the same fineness and weight , rise and fall in its price , and be more worth at one place then another , not onely for being farther from the mines , but for other accidents , and may be more worth at present , then a moneth or other small time hence ; and if it differ in its proportion unto the several things valued by it , in several ages upon the increase and diminution thereof , we shall endeavour to examine some other natural standards and measures , without derogating from the excellent use of these . . our silver and gold we call by severall names , as in england by pounds , shillings , and pence , all which may be called and understood by either of the three . but that which i would say upon this matter is , that all things ought to be valued by two natural denominations , which is land and labour ; that is , we ought to say , a ship or garment is worth such a measure of land , with such another measure of labour ; forasmuch as both ships and garments were the creatures of lands and mens labours thereupon : this being true , we should be glad to finde out a natural par between land and labour , so as we might express the value by either of them alone as well or better then by both , and reduce one into the other as easily and certainly as we reduce pence into pounds . wherefore we would be glad to finde the natural values of the fee simple of land , though but no better then we have done that of the usus fructus abovementioned , which we attempt as followeth . . having found the rent or value of the usus fructus per annum , the question is , how many years purchase ( as we usually say ) is the fee simple naturally worth ? if we say an infinite number , then an acre of land would be equal in value to a thousand acres of the same land ; which is absurd , an infinity of unites being equal to an infinity of thousands . wherefore we must pitch upon some limited number , and that i apprehend to be the number of years , which i conceive one man of fifty years old , another of twenty eight , and another of seven years old , all being alive together may be thought to live ; that is to say , of a grandfather , father , and childe ; few men having reason to take care of more remote posterity : for if a man be a great grandfather , he himself is so much the nearer his end , so as there are but three in a continual line of descent usually co-existing together ; and as some are grandfathers at forty years , yet as many are not till above sixty , and sic de caeteris . . wherefore i pitch the number of years purchase , that any land is naturally worth , to be the ordinary extent of three such persons their lives . now in england we esteem three lives equal to one and twenty years , and consequently the value of land , to be about the same number of years purchase . possibly if they thought themselves mistaken in the one , ( as the observator on the bills of mortality thinks they are ) they would alter in the other , unless the consideration of the force of popular errour and dependance of things already concatenated , did hinder them . . this i esteem to be the number of years purchase where titles are good , and where there is a moral certainty of enjoying the purchase . but in other countreys lands are worth nearer thirty years purchase , by reason of the better titles , more people , and perhaps truer opinion of the value and duration of three lives . . and in some places , lands are worth yet more years purchase by reason of some special honour , pleasures , priviledge or jurisdiction annexed unto them . . on the other hand , lands are worth fewer years purchase ( as in ireland ) for the following reasons , which i have here set down , as unto the like whereof the cause of the like cheapness in any other place may be imputed . first , in ireland by reason of the frequent rebellions , ( in which if you are conquered , all is lost ; or if you conquer , yet you are subject to swarms of thieves and robbers ) and the envy which precedent missions of english have against the subsequent , perpetuity it self is but forty years long , as within which time some ugly disturbance hath hitherto happened almost ever since the first coming of the english thither . . . the claims upon claims which each hath to the others estates , and the facility of making good any pretence whatsoever by the favour of some one or other of the many governours and ministers which within forty years shall be in power there ; as also by the frequency of false testimonies , and abuse of solemn oaths . . . the paucity of inhabitants , there being not above the ⅕ . th . part so many as the territory would maintain , and of those but a small part do work at all , and yet a smaller work so much as in other countreys . . . that a great part of the estates both real and personal in ireland are owned by absentees , and such as draw over the profits raised out of ireland refunding nothing ; so as ireland exporting more then it imports doth yet grow poorer to a paradox . . . the difficulty of executing justice , so many of those in power being themselves protected by offices , and protecting others . moreover , the number of criminous and indebted persons being great , they favour their like in juries , offices , and wheresoever they can : besides the countrey is seldom enough to give due encouragement to profound judges and lawyers , which makes judgements very casual ; ignorant men being more apt to be bold and arbitrary , then such as understand the dangers of it . but all this with a little care in due season might remedy , so as to bring ireland in a few years to the same level of values with other places ; but of this also elsewhere more at large , for in the next place we shall come to usury . chap. v. of usury . what reason there is for taking or giving interest or usury for any thing which we may certainly have again whensoever we call for it , i see not ; nor why usury should be scrupled , where money or other necessaries valued by it , is lent to be paid at such a time and place as the borrower chuseth , so as the lender cannot have his money paid him back where and when himself pleaseth , i also see not . wherefore when a man giveth out his money upon condition that he may not demand it back until a certain time to come , whatsoever his own necessities shall be in the mean time , he certainly may take a compensation for this inconvenience which he admits against himself : and this allowance is that we commonly call usury . . and when one man furnisheth another with money at some distant place , and engages under great penalties to pay him there , and at a certain day besides ; the consideration for this , is that we call exchange or local usury . as for example , if a man wanting : money at carlisle in the heat of the late civil wars , when the way was full of souldiers and robbers , and the passage by sea very long , troublesome , and dangerous , and seldom passed ; why might not another take much more then an l . at london for warranting the like summe to be paid at carlisle on a certain day ? . now the questions arising hence are ; what are the natural standards of usury and exchange ? as for usury , the least that can be , is the rent of so much land as the money lent will buy , where the security is undoubted ; but where the security is casual , then a kinde of ensurance must be enterwoven with the simple natural interest , which may advance the usury very conscionably unto any height below the principal itself . now if things are so in england , that really there is no such security as abovementioned , but that all are more or less hazardous , troublesome , or chargeable to make , i see no reason for endeavoring to limit usury upon time , any more then that upon place , which the practice of the world doth not , unless it be that those who make such laws were rather borrowers then lenders : but of the vanity and fruitlessness of making civil positive laws against the laws of nature , i have spoken elsewhere , and instanced in several particulars . . as for the natural measures of exchange , i say , that in times of peace , the greatest exchange can be but the labour of carrying the money in specie , but where are hazards emergent uses for money more in one place then another , &c. or opinions of these true or false , the exchange will be governed by them . . parallel unto this , is something which we omit concerning the price of land ; for as great need of money heightens exchange , so doth great need of corn raise the price of that likewise , and consequently of the rent of the land that bears corn , and lastly of the land itself ; as for example , if the corn which feedeth london , or an army , be brought forty miles thither , then the corn growing within a mile of london , or the quarters of such army , shall have added unto its natural price , so much as the charge of bringing it thirty nine miles doth amount unto : and unto perishable commodities as fresh fish , fruits , &c. the ensurance upon the hazard of corrupting , &c. shall be added also ; and finally unto him that eats these things there ( suppose in taverns ) shall be added the charge of all the circumstancial appurtenances of house-rent , furniture , attendance , and the cooks skill as well as his labour to accompany the same . . hence it comes to pass , that lands intrinsically alike near populous places , such as where the perimeter of the area that feeds them is great , will not onely yield more rent for these reasons , but also more years purchase then in remote places , by reason of the pleasure and honour extraordinary of having lands there ; for — omne tulit punctum qui miscuit utile dulci. . having finished our digression upon the measures of the rents and values of lands and moneys , we now return to our second way of leavying publick charges , which was the taking of a proportion of the rent , ( commonly called assessment ) it follows next to speak of the way of computing the said rents , otherwise then according to the bargains which a few men make one with another , through ignorance , haste , false suggestion , or else in their passion or drink : although i acknowledge , that the medium or common result of all the bargains made within three years ( or other such cycle of time , as within which all contingencies of land revolve ) may be very sufficient to this purpose , being but the summe synthetically computed by casual opinions , as i would endeavour to cast up analytically by a distinct particularizing of the causes . . . therefore i propound a survey of the figures , quantities , and scituations of all the lands both according to the civil bounds of parishes , farms , &c. and the natural distinctions thereof by the sea , rivers , ridges of rocks , or mountains , &c. . . i propound that the quality of each denomination were described by the commodities it had usually born , in some land , some sort of timber , grain , pulse or root growing more happily then in others : also by the encrease of things sown or planted , which it hath yielded communibus annis ; and withall , the comparative goodness of the said commodities not unto the common standard money , but to one another . as for example ; if there be ten acres of land , i would have it judged whether they be better for hay or corn ; if for hay , whether the said ten acres will bear more or less of hay then ten other acres ; and whether an hundred weight of the said hay will feed or fatten more or less , then the same weight of other hay , and not as yet comparing it to money , in which the value of the said hay will be more or less , according to the plenty of money , which hath changed strangely since the discovery of the west indies , and according to the multitudes of people living near this land , together with the luxurious or frugal living of them ; and besides all , according to the civil , natural , and religious opinions of the said people : as for example , eggs in the fore-part of lent ( because their goodness and delicacy decayes before lent be done ) being worth little in some popish countreys ; nor swines flesh among the jews , nor hedgehogs , frogs , snails , mushrooms , &c. to those that fear to eat them , as poisonous or unwholesome ; nor currans and spanish wines , if they were all to be destroyed as the great thieves of this nation , by an edict of the state. . this i call a survey or inquisition into the intrinsick values of land , that of extrinsick or accidentall follows . we said , that the change of the store of money would change the rates of commodities according to our reckoning in names and words , ( pounds , shillings , and pence being nothing else ) as for example : if a man can bring to london an ounce of silver out of the earth in peru , in the same time that he can produce a bushel of corn , then one is the natural price of the other ; now if by reason of new and more easie mines a man can get two ounces of silver as easily as formerly he did one , then corn will be as cheap at ten shillings the bushel , as it was before at five shillings caeteris paribus . . it behoves us therefore to have a way , whereby to tell the money of our countrey ( which i think i have , and that in a short time , and without cost , and ( which is more ) without looking into particular mens pockets ; of which hereafter . ) now if we know what gold and silver we had in england two hundred years ago , and could tell it again now ; and though we also knew the difference of our denominations then , when thirty seven shillings were made out the same quantity of silver as sixty two are now ; also that of the alloy , labour in coinage , remedies for weight and fineness , and duties to the king ; nay , if we also knew the labourers wages then and now , yet all this would not shew the difference of the riches of our nation even in money alone . . wherefore we must adde to the premises , the knowledge of the difference of the numbers of the people , and conclude , that if all the money in the nation were equally divided amongst all the people both then and now , that that time wherein each devisee had wherewith to hire most labourers , was the richer . so that we want the knowledge of the people and bullion which is now in this land , and which was heretofore ; all which i think may be found out even for the time past , but more probably for the time present and to come . . but to proceed ; suppose we had them , then we would pitch the accidental values upon our lands about london ; as thus , viz. we would first at hazzard compute the materials for food and covering , which the shires of essex , kent , surrey , middlesex and hertford , next circumjacent to london , did communibus annis produce ; and would withal compute the consumptioners of them living in the said five shires and london . the which if i found to be more then were the consumptioners living upon the like scope of other land , or rather upon as much other land as bore the like quantity of provisions . then i say , that provisions must be dearer in the said five shires then in the other ; and within the said shires cheaper or dearer as the way to london was more or less long , or rather more or less chargeable . . for if the said five shires did already produce as much commodity , as by all endeavour was possible : then what is wanting must be brought from a far , and that which is near , advanced in price accordingly ; or if by the said shires by greater labour then now is used , ( as by digging instead of ploughing , setting instead of sowing , picking of choice seed instead of taking it promiscuously , steeping it instead of using it wholly unprepared , and manuring the ground with salt instead of rotten straw , &c. ) then will the rent be as much more advanced , as the excess of encrease exceeds that of the labour . . now the price of labour must be certain , ( as we see it made by the statutes which limit the day wages of several workmen , ( the non-observance of which laws , and the not adapting them to the change of times , is by the way very dangerous , and confusive to all endeavours of bettering the trade of the nation . . moreover , the touchstone to try whether it be better to use those improvements or not , is to examine whether the labour of fetching these things even from the places where they grow wilde , or with less culture , be not less then that of the said improvements . . against all this will be objected , that these computations are very hard if not impossible to make ; to which i answer onely this , that they are so , especially if none will trouble their hands or heads to make them , or give authority for so doing : but withall , i say , that until this be done , trade will be too conjectural a work for any man to employ his thoughts about ; for it will be the same wisdom in order to win with fair dice , to spend much time in considering how to hold them , how much to shake them , and how hard to throw them , and on what angles they should hit the side of the tables , as to consider how to advance the trade of this nation ; where at present particular men get from their neighbours ( not from the earth and sea ) rather by hit then wit , and by the false opinions of others ; rather then their own judgements ; credit every where , but chiefly in london , being become a meer conceit , that a man is responsible or not , without any certain knowledge of his wealth or true estate . whereas i think the nature of credit should be limited onely to an opinion of a mans faculties to get by his art and industry . the way of knowing his estate being to be made certain , and the way of making him pay what he owes to the utmost of his ability , being to be expected from the good execution of our laws . . i should here enlarge upon a paradox , to prove that if every mans estate could be alwayes read in his forehead , our trade would much be advanced thereby , although the poorer ambitious man be commonly the more industrious . but of this elsewhere . . the next objection against this so exact computation of the rents and works of lands , &c. is , that the sovereign would know too exactly every mans estate ; to which i answer , that if the charge of the nation be brought as low as it may be , ( which depends much upon the people in parliament to do ) and if the people be willing and ready to pay , and if care be taken , that although they have not ready money , the credit of their lands and goods shall be as good ; and lastly , that it would be a great discommodity to the prince to take more then he needs , as was proved before ; where is the evil of this so exact knowledge ? and as for the proportion of every contributor , why should any man hope or accept to ease himself by his craft and interest in a confusion ? or why should he not fear , though he may be advantaged this time , to suffer in the next . chap. vi. of customs and free ports . custom is a contribution or excisium out of goods sent out or imported into the princes dominions : in these countreys of a twentieth part not according to the prices currant among merchants of each respective commodity , but according to other standing rates set by the state , though advised for the most part by concerned persons . . i cannot well imagine what should be the natural reasons , why a prince should be paid this duty inward and outward both ; there seems indeed to be some , why he should be paid for indulging the exportation of some such things as other countreys do really want . . wherefore i think , that customs at the first were a praemium allowed the prince for protecting the carriage of goods both inward and outward from the pyrats ; and this i should verily believe , if the prince were bound to make good losses of that kinde . and i thought that the proportion of five pound per cent . was pitched upon computation , that the merchants before the said undertaking and composition , had usually lost more by pyracy : and finally , that the customs had been an ensurance upon losses by enemies , as the ensurance now usual , is of the casualties of sea , winde , weather , and vessel , or altogether ; or like the ensurance in some countreys of houses from fires for a certain small part of their yearly rent . but be it what it will , it is anciently established by law , and ought to be paid until it shall be abolished . onely i take leave as an idle philosopher to discourse upon the nature and measures of it . . the measures of customs outwards may be such , as after reasonable profit to the exporter will leave such of our own commodities as are necessary to forreigners somewhat cheaper unto them then they can be had from elsewhere . as for example , tin is a native commodity , which governs the market , that is , there is none so good and so easie to be had and exported . now suppose tin might be made in cornwall for four pence the pound , and that the same would yield twelve pence at the nearest part in france , i say , that this extraordinary profit ought to be esteemed as a mine royal , or tresor trovè , and the sovereign ought to have his share in it : which he will have , by imposing so great a duty upon tin exported , as on one side may leave a subsistence to the workmen , ( and no more ) with a competent profit to the owners of the ground ; and on the other side , may leave the price abroad less then that for which tin may be had from any other place . . the same imposition might also be made on the tin spent at home , unless it be as impossible so to do , as for the king of france to impose the gabel upon salt in the very places where it is made . . but it is observed , that such high duties make men endeavour not to enter any such goods at all , or pay for them , provided the charge of smuckling and bribing , with the hazzard of being seized do not communibus vi●ibus exceed the duty . . wherefore the measures of this nature are , that it be more easie , safe , and profitable for men to keep the law , then to break it , unless it be in such cases , where the magistrate can with certainty execute the law. as for example , it would be hard to save the duties upon horses shipped at a small port , without adjacent creeks , and that but some certain two hours every tide , forasmuch as horses cannot be disguised , put up in bags or cask , nor shipped without noise and the help of many hands . . the measures of customs upon imported commodities are ; . that all things ready and ripe for consumption may be made somewhat dearer then the same things grown or made at home ; if the same be feasible caeteris talibus . . that all superfluities tending to luxury and sin , might be loaded with so much impost , as to serve instead of a sumptuary law to restrain the use of them . but here also care is to be had that it be not better to smuckle then to pay . . on the contrary , all things not fully wrought and manufactured , as raw hides , wool , beaver , raw-silk , cotton ; as also all tools and materials for manufacture , as also dying-stuff , &c. ought to be gently dealt with . . if to leavy the payment of these duties could be most exactly performed , princes might strangely practice one upon another ; wherefore since they cannot , the people pay no more then they cannot with greater safety upon the whole matter save , nor observe any more of these laws , then they cannot elude . . the inconveniences of the way of customs , are , viz. . that duties are laid upon things not yet ripe for use , upon commodities in fieri , and but in the way of their full improvements , which seems the same ill-husbandry , as to make fuel of young saplings , instead of dotards and pollards . . the great number of officers requisite to collect the said duies , especially in a countrey where the harbours are many , and the tides convenient for shipping of goods at any time . . the great facility of smuckling by briberies , collusions . hiding and disguising of commodities , &c. and all this notwithstanding oaths and penalties , and withall by the several wayes of mitigating and taking off the said penalties even after discovery . . the customs or duties upon the few commodities of the growth of england exchanged with forreigners , make too small a part of the whole expence of the people of this kingdom , which ( perhaps is not less then fifty millions of pounds per annum ) out of which to bear the common charges thereof , so as some other way of leavy must be practised together with it ; whereas by some one way , if the best , the whole work may be absolved : wherefore 't is an inconvenience in the way of customs , that it necessitates other wayes then it self . . now as a small attempt of a remedy or expedient herein , i offer rather , that instead of the customs upon goods shipped , every ship that goes in or out , may pay a tonnage , the same being collectible by a very few hands , as a matter visible to all the world ; and that the said duty be but such a part of the fraight , as the like whereof being excinded out of the whole consumption , would defray all the publique charge ; which part perhaps is . per cent. or thereabouts , viz. two millions per annum out of fifty . . the other is , that the customs be reduced into the nature of an ensurance - praemium , and that the same be augmented and fitted , as whereby the king may afford to ensure the goods as well against the sea as enemies ; by which means the whole nation would be concerned in all such losses , and then the merchant for his own sake would more willingly enter and pay for whatsoever he would have ensured . . but it will be here objected , that although the duty of customs be abrogated , yet that there must be almost the same number of officers maintained as now to prevent the bringing in and carrying out of prohibited commodities . wherefore we shall here state the nature of such prohibitions by two or three grand instances . . to prohibit the exportation of money , in that it is a thing almost impracticable , it is almost nugatory and vain ; and the danger of it resolves either into a kinde of ensurance answerable to the danger of being seized , or unto a surcharge of a composition by bribing the searchers . as for example , if but one in fifty exportations are seized , or if twenty shillings be usually taken for coining at fifty pounds , then the commodities bought with this money must be sold two at least per cent . the dearer to the consumptioner . now if the trade will not bear this surcharge , then money will not be exported with discretion . now the use of this prohibition , supposing it practicable , is to serve as a sumptuary law , and to binde the nation in general not to spend more then they get ; for if we could export no commodity of our own growth or manufacture then by prohibiting the going out of money , it is also ipso facto commanded that nothing forreign should be brought in . again supposing , that ordinarily we export enough to furnish us with all forreign commodities , but upon some extraordinary decay of our land or hands , we are able to export but half as much as would procure our ordinary proportion of forreign goods , then the prohibition of money performs indeed the part of a sumptuary law , in hindring us to bring n any more then half as much forreign commodities as we formerly used , onely it leaves it to the discretion of the merchant , to chose which he will neglect or forbear to bring in , and w●ich not ; whereas in sumptuary laws the state taketh this care upon themselves . as for example , if we wanted exportations to ballance our importations by forty thousand pounds , and suppose for examples sake , that the importation of forty thousand pounds worth of coffee-berries , or the like of spanish wine must be retrenched ; in this case , the said prohibition of money will do one , or some of one , and some of the other as much harm as the merchant himself pleases : but the sumptuary law determines , whether we shall encourage and keep fair with the nation that sends us wine rather then that which sends us coffee , whether the expence of wine or coffee be most prejudicial to our people , &c. . the benefits alledged for the free exportation of money is m●●●rrily this , viz. that if a ship carrying out of england forty thousand pounds worth of cloth , might also carry with it forty thousand pounds in money , then could the merchant stand the stiffer upon his terms , and in fine would buy cheaper , and sell dearer ; but by the way , the merchant buyes this power with the intrest and of the money he carries , which if it amount to five pound per cent. then he had better sold his goods at four pound per cent. under rate , then to have fortified himself with money as aforesaid . but of this more may be said , we hasten to the great point of wool. . the hollanders having gotten away our manufacture of cloth , by becoming able to work with more art , to labour and fare harder , to take less fraight , duties and ensurance , hath so madded us here in england , that we have been apt to think of such exorbitantly fierce wayes of prohibiting wool and earth to be exported , as perhaps would do us twice as much harm as the losse of our said trade . wherefore to return to our wits and trade again , before we can tell what to do in this case , we must consider ; . that we are often forced to buy corn from abroad , and as often complain that we are pestered with abundance of idle hands at home , and withall that we cannot vend the woollen manufactures even which our few working hands do produce . in this case were it not better to lessen our sheep-trade , and convert our hands to more tillage ? because . flesh becomming dearer , there would be encouragement for fish , which will never be till then . . our money would not run so fast away for corn. . we should have no such gluts of wool upon our hands . . our idle hands would be employed in tillage and fishing , one man by the way of grazing , tilling as it were many thousand acres of land by himself and his dog. . suppose we wanted no corn , nor had any idle hands , and yet that we abounded with more wool then we can work up ; in this certainly wool might be exported , because 't is supposed , that the hands which work are already employed upon a better trade . . suppose the hollander outdo us by more art , were it not better to draw over a number of their choice workmen , or send our most ingenious men thither to learn ; which if they succeed ; it is most manifest , that this were the more natural way , then to keep that infinite clutter about resisting of nature , stopping up the windes and seas , &c. . if we can make victual much cheaper here then in holland , take away burthensome , frivolous , and antiquated impositions and offices . i conceive even this were better then to perswade water to rise out of it self above its natural spring . . we must consider in general , that as wiser physicians tamper not excessively with their patients , rather observing and complying with the motions of nature , then contradicting it with vehement administrations of their own ; so in politicks and oconomicks the same must be used ; for naturam expellas furcâ licet usque recurrit . . nevertheless , if the hollanders advantages in making cloth be but small and few in comparison of ours , that is , if they have but a little the better of us , then i conceive that prohibitions to export wool may sufficiently turn the scales . but whether this be 〈◊〉 , i leave to others , being my self neither merchant nor statseman . . as for prohibition of importations , i say that it needs not be , until they much exceed our exportations . for if we should think it hard to give good necessary cloth for debauching wines , yet if we cannot dispose of our cloth to others , 't were better to give it for wine or worse , then to cease making it ; nay , better to burn a thousand mens labours for a time , then to let those thousand men by non-employment lose their faculty of labouring . in brief , what may be further said hereupon , resolves into the doctrine and ingenium of making sumptuary laws , and judicious use of them pro hic & nunc . . unto this discourse of customs appertains that of free ports , which ( in a nation that onely trades for it self , viz. vents its own superfluities , and imports onely necessaries for it self ) are of no use , but rather harm ; for suppose wines be brought into a free port , be there housed and privately sold , but the cask filled up with stained water , and put on ship-board again to be staved as soon as the ship is out at sea : in this case , the duties of those wines are defrauded , as it also may be many other wayes . . now if it be said , that although we should trade but for our selves , yet that our ports ( being more commodious then those of other nations ) would be the more frequented ; for being free , and consequently the more enriched , by the expence of sea-men and passengers , hire of labourers , and ware-houses , &c. even without any custom at all upon the goods . nevertheless 't is reason that a small duty should be paid upon the ship as aforesaid for such use of our ports , and that eo nomine ; not expecting all our benefit from the said hire of cellaridge , porters , and carmen , which also might be had over and above for their proper reasons . . but if we could attain to be the merchants between other nations , there is then no reason for exacting duties ( as was said before ) upon things in fieri , and which are but in the way of their improvement : and as for the fraud that may be committed , as in the case of wines abovementioned , i affirm that our excize upon the consumption , would overcome and elude them . chap. vii . of poll-money . poll-money is a tax upon the persons of men , either upon all simply and indifferently , or else according to some known title or mark of distinction upon each ; and that either of bare honour , or else of some office sought or imposed , or of some faculty and calling without respect to riches or poverty , incomes or expence , gain or loss accrewing by the said title , office , or faculty . . the poll-moneys which have been leavied of late have been wonderfully confused ; as taxing some rich single persons at the lowest rate ; some knights , though wanting necessaries , at twenty pounds , encouraging some vain fellows to pay as esquires , on purpose to have themselves written esquires in the receipts ; making some pay ten pounds as doctours of physick or law , who get nothing by the faculty , nor minde the practice ; making some poor tradesmen forced to be of the liveries of their companies to pay beyond their strength ; and lastly , some to pay according to their estates , the same to be valued by those that know them not ; thereby also giving opportunity to some bankrupts to make the world credit them as men of such estates , at which the assessors did rate them by collusion . . so as by this confusion , arbitraries , irregularities , and hotch-pot of qualifications , no estimate could be made of the fitness of this plaister to the sore , nor no checque or way to examine whether the respective receipts were duly accompted for , &c. . wherefore wholly rejecting the said complicated way of tax , i shall speak of poll-money more distinctly , and first of the simple poll-money upon every head of all mankiude alike ; the parish paying for those that receive alms , parents for their children under age , and masters for their apprentices , and others who receive no wages . . the evil of this way is , that it is very unequal ; men of unequal abilities , all paying alike , and those who have greatest charges of children paying most ; that is , that by how much the poorer they are , by so much the harder are they taxed . . the conveniencies are ; first , that it may be suddenly collected , and with small charge : secondly , that the number of the people being alwayes known , it may be sufficiently computed what the same will amount unto . thirdly , it seems to be a spur unto all men , to set their children to some profitable employment upon their very first capacity , out of the proceed whereof , to pay each childe his own poll-money . . the next poll-money is upon every head , but distinguished by titles of meer honour , without any kinde of office or faculty ; as , dukes , marquesses , earls , viscounts , barons , baronets , knights , and esquires , viz. the eldest sons of knights in perpetuum , and gentlemen if they write themselves so . this way is much more equal then the other ; forasmuch as those who are titled , are for the most part rich proportionably ; or if they were not , yet men so dignified shall command a preheminence and place , even although they do not or cannot buy it of the vulgar by their expence : my meaning hereby is , that a title may possibly save a man as much as his poll-money may exceed the plebeian level by reason of such title . . moreover , good and multiform accompts being kept of the people , this tax may be also easily speedily and inexpensively collected ; and also being capable of being computed aforehand , may be fitted and seized according to the needs of the prince . . as for offices , they are indeed dignities for the most part , but paid for by the trouble of administring them ; as for example , to be an alderman suppose of london , is indeed an honour , yet many pay five hundred pounds to be excused from receiving it . nevertheless it may not be improper to tax offices sought , or such as are accepted although they might be refused : and on the other side no titulado should be forced to pay poll-money according to his title , if he be contented to lay it down , and never resume it more . . the titles of faculties and callings ought to be no qualification in a poll-money , because they do not necessarily nor probably inferr ability to pay , but carry with them vaste inequalities . but therefore if a man by his licence to practise get much , it may be presumed he will spend accordingly ; in which net the way of excize will certainly take him , as it will all the officers aforementioned . . harth-money seems to be a poll-money , but is not , be-being rather a way of accumulative excize ; of which hereafter . chap. viii . of lotteries . men that accept titles may foresee , that they may be taxed by them as aforesaid , ( although it be unlikely ( one house of parliament being all tituladoes , and the greatest part of the other being such also ) that any such way of leavy should pass ) and therefore they do as it were à priori consent unto the tax in their own individuals . . now in the way of lottery men do also tax themselves in the general , though out of hopes of advantage in particular : a lottery therefore is properly a tax upon unfortunate self-conceited fools ; men that have good opinion of their own luckiness , or that have believed some fortune-teller or astrologer , who had promised them great success about the time and place of the lottery , lying southwest perhaps from the place where the destiny was read . . now because the world abounds with this kinde of fools , it is not fit that every man that will , may cheat every man that would be cheated ; but it is rather ordained , that the sovereign should have the guardianship of these fools , or that some favourite should beg the sovereigns right of taking advantage of such mens folly , even as in the case of lunaticks and idiots . . wherefore a lottery is not tollerated without authority , assigning the proportion in which the people shall pay for their errours , and taking care that they be not so much and so often couzened , as they themselves would be . . this way of lottery is used but for small leavies , and rather upon privato-publick accompts , ( then for maintaining armies or equipping fleets , ) such as are aque-ducts , bridges , and perhaps highwayes , &c. wherefore we shall say no more of it upon this occasion . chap. ix . of benevolence . the raising of money by benevolence , seems to be no force upon any man , nor to take from any man but what himself knows he can spare , nevertheless there is more in it ; for to be but brow-beaten by a prince or grandee , proves often as heavy as to be distrained upon for an assessement or subsidy ; and the danger of being misrepresented by linsy pick-thanks and informers as disaffected to the cause for which the leavy is made , is more frequent then the payment of any summe in a due proportion with all other men ( which i have said is no impoverishment ) can possibly be hurtful . the benefits of this way are these , viz. that forasmuch as it sometimes falls out ( as in the late differences with the scots , annis . and . when the church dignitaries were most concerned ) that the cause of the expence concerns some men more then others , that then an imposition should not pass upon all for the sakes of a part : sometimes it happens , that one sort of men have received greater and fresher favours then another ; as upon the late restoration of his majesty anno . those who needed an act of indempnity did : and sometimes it is visible , that some men have had better times of gain and advantages then others , as the clergy most eminently have had since his majesties said restoration . in all these cases , the proposal of a benevolence may be offered , although in no cases it be without its inconveniencies ; the which are principally these . . the abovementioned brow-beating and distaste given , if a man have not contributed as largely as envious observers think he should have done . . a benevolence in many cases may divide a whole nation into parties , or at least make the strength of parties too well known to such as need not know it : and withall it may ( on the contrary and upon design ) disguize the same , and elude the measures which the governours thought to have taken by such an exploratory artifice . . some men may have particular reasons to contribute large , viz. complacency with , and hopes of being repaired by the favour of some grandee , who favours the business , and the very same may make to the prejudice of others . . men of sinking estates , ( who nevertheless love to live high , and appear splendid , and such who make themselves friends , ( by their hospitality paid for , in effect by others ) enough to be protected , even from justice ) do often upon this occasion of benevolence set extravagant examples unto others , who have laboured hardly for what they have ; those not caring what they pay , because it encreaseth their credit , to borrow the more , so as at length the whole burthen of such bankrupts benevolence , lights upon the frugal patriots , by whom the publique weal subsists . chap. x. of penalties . the usual penalties are death , mutilations , imprisonment , publick disgrace , corporal transient pains , and great tortures , besides pecuniary mulcts . of which last we shall most insist , speaking of the others but in order to examine whether they may not be commuted for these . . there be some certain crimes , for which the law of god appoints death ; and these must be punished with it , unless we say that those were but the civil laws of the jewish commonwealth , although given by god himself ; of which opinion certainly most modern states are , in as much as they punish not adulteries , &c. with death , as among the jewes , and yet punish small thefts with death instead of multiple reparation . . upon this supposition we shall venture to offer ; whether the reason of simple death be not to punish incorrigible committers of great faults ? . of publick death with torments , to affright men from treasons , which cause the deaths and miseries of many thousand innocent and useful people ? . of death secretly executed , to punish secret and unknown crimes , such as publick executions would teach to the world ? or else to suffocate betimes some dangerous novelties in religion , which the patient suffering of the worst man would much spread and encourage . . mutilations suppose of ears , nose , &c. are used for perpetual disgrace , as standing in the pillory is for temporary and transient ; which and such other punishments have ( by the way ) made some corrigible offenders , to become desperate and incurable . . mutilations of parts as of fingers , are proper to disable such as have abused their dextrous use of them , by pocket-picking , counterfeiting of seals and writings , &c. mutilations of other parts , may serve to punish and prevent adulteries , rapes , incests , &c. and the smaller corporal pains , serve to punish those , who can pay no pecuniary mulcts . . imprisonment seems rather to be the punishments of suspected then guilty persons , and such as by their carriage give the magistrate occasion to think , either they have done some smaller particular crime , as thefts , &c. or that they would commit greater , as treasons and seditions . but where imprisonment is not a securing men untill their trialls , but a sentence after triall , it seems to me proper onely to seclude such men from conversation , whose discourses are bewitching , and practices infectious , and in whom neverthelesse remains some hopes of their future amendments , or usefulnesse for some service not yet appearing . . as for perpetual imprisonment by sentence , it seems but the same with death it self , to be executed by nature it self , quickened with such diseases , as close living , sadness , solitude , and reflections upon a past and better condition , doth commonly beget : nor do men sentenced hereunto live longer , though they be longer in dying . . here we are to remember in consequence of our opinion , [ that labour is the father and active principle of wealth , as lands are the mother ] that the state by killing , mutilating , or imprisoning their members , do withall punish themselves ; wherefore such punishments ought ( as much as possible ) to be avoided and commuted for pecuniary mulcts , which will encrease labour and publick wealth . . upon which account , why should not a man of estate , found guilty of man-slaughter , rather pay a certain proportion of his whole estate , then be burnt in the hand ? . why should not insolvent thieves be rather punished with slavery then death ? so as being slaves they may be forced to as much labour , and as cheap fare , as nature will endure , and thereby become as two men added to the commonwealth , and not as one taken away from it ; for if england be under-peopled , ( suppose by half ) i say that next to the bringing in of as many more as now are , is the making these that are , to do double the work which now they do ; that is , to make some slaves ; but of this elsewhere . . and why should not the solvent thieves and cheats be rather punished with multiple restitutions then death , pillory , whipping ? &c. but it will be asked , with how manifold restitutions should picking a pocket ( for example ) be punished ? i say , 't were good in order to the solution hereof , to enquire of some candid artists in that trade , how often they are taken one time with another practising in this work ? if but once in ten times , then to restore even but seven-fold , would be a fair profit ; and to restore but ten-fold , were but an even lay ; wherefore to restore twenty-fold , that is , double to the hazard , is rather the true ratio and measure of punishment by double reparation . . and surely the restoring two , three , four , and seven-fold mentioned in moses law must be thus understood , or else a man might make thieving a very fair and lawful profession . . the next question is , in such multiple restitutions how many parts should be given to the sufferer . to which i answer , never above one , and scarce that , to oblige him to more care , and self-preservation , with three parts to discoveers , and the rest to publick uses . . thirdly , in the case of fornications , most of the punishments not made by pecuniary mulcts and commuted , are but shame , and that too but towards some few persons , which shame for ever after obdurates the offender , what ever it work upon such whose fames are yet intire : of all which men take little consideration , standing upon the brink of such precipices as makes them giddy ; and when they are in danger of such faults as are rather madnesses , distempers , and alienations of the minde and reason , as also infurrections of the passions , then deliberate acts of the understanding . . moreover , according to that axiom of , in quo quis peccat , in eodem puniatur ; if the ratio formalis of the sin of concubitus vagi , be the hindering of procreation , let those who by their miscarriages of this kinde are guilty thereof , repair unto the state the misse of another pair of hands with the double labour of their own , or which is all one , by a pecuniary mulct ; and this is the practice of some wise states in punishing what they will never be able to prevent : nor doth the gospel specifie any punishment in this world , onely declaring they shall not be received into the joyes of the next . . i could instance in more particulars , but if what i have already said be reasonable , this little is enough ; if not , then all the rest would be too little also : wherefore i shall adde but one instance more , as most suitable to our present times and occasions , which is the way of punishing heterodox professors of religion . . that the magistrate may punish false believers , if he believe he shall offend god in forbearing it , is true ; for the same reasons that men give for liberty of conseience , and universal tolleration ; and on the other side , that he may permit false worships , seems clearly at least by the practice of all states , who allow ambassadours their freedom ( be the worship never so abominable ) even when they come to negociate but upon temporal and small matters . . wherefore , since the magistrate may allow or connive at such worships as himself thinks fit , and yet may also punish ; and since by death , mutilations , and imprisonments of the subjects , the state not onely punisheth it self , but spreadeth the pseudodoxies ; it follows , that pecuniary mulcts are the fittest wayes of checking the wantonness of men in this particular : forasmuch as that course savours of no bitterness at all , but rather argues a desire to indulge , provided such indulgence may consist with the indempnity of the state ; for no heterodox will desire to be tollerated longer then he keeps the publick peace ; the which if he means to do , he cannot take it ill of the magistrate , to keep him steddy unto that his duty , nor grudge to contribute towards so much charge for that purpose as himself occasions . . moreover , as there seems a reason for indulging some conscientious misbelievers , so there is as much for being severe towards hypocrites , especially such as abuse holy religion to cloak and vizzard worldly ends : now what more easie and yet effectual way is there to discern between these two , then well proportioned pecuniary mulcts ? for who desiring to serve god without fear , and labouring ten hours per diem at his calling , would not labour one hour more for such a freedon ? even as religious men spend an hour per diem more then the looser sort do at their devotions ; or who weaving cloth of one and twenty shillings the yard , would not be contented with that of twenty shillings , for the same advantage of his liberty in worship ? those that kick at this , being unwilling either to do or suffer for god , for whose sake they pretend so much . . it may be here objected , that although some bad religions might be tollerated , yet that all may not , viz. such as consist not with the civil peace . to which i answer . first , that there is no schisme or separation be it never so small , consistent with that unity and peace as could be wisht ; nor none so perfectly conscientious , but may also be civilly most pernicious : for that venner and his complices acted upon internal motives , the most free exposing of themselves to death may evince ; and yet their holding the king to be an usurper upon the throne and right of jesus christ was a civil mischief neither to be pardoned or parallel'd . . and yet on the other hand there is no pseudodoxy so great , but may be muzzled from doing much harm in the state , without either death , imprisonment , or mutilation : to make short , no opinion can be more dangerous , then to disbelieve the immortality of the soul , as rendring man a beast , and without conscience , or fear of committing any evil , if he can but elude the penalties of humane laws made against it , and letting men loose to all evil thoughts and designs whereof man can take no notice : now i say , that even this misbeliever may be adaequately punished if he be kept as a beast , be proprietor of nothing , as making no conscience how he gets ; be never admitted in evidence or testimony , as under no obligation to speak truth ; be excluded all honours and offices , as caring onely for himself , not the protecting of others ; and be withall kept to extream bodily labour , the profit whereof to the state is the pecuniary mulct we speak of , though the greatest . . as for opinions less horrible then this , the mulct may be fitted to each of them respectively , according to the measure of danger which the magistrate apprehends from their allowance , and the charge necessary to prevent it . . and now we are speaking of the wayes how to prevent and correct heterodoxies in religion , which we have hitherto done by designing punishments for the erring sheep , i think it not amiss to adde , that in all these cases the shepherds themselves should not wholly scape free : for if in this nation there be such abundance of free-schools , and of liberall maintenance provided in our universities and elsewhere for instructing more then enough in all such learning as is fit to defend the established religion , together with superabundant libraries for that purpose . moreover , if the church-preferments be so numerous and ample both for wealth , honour , and power , as scarce any where more ; it seems strange that when by the laziness , formality , ignorance , and loose lives of our pastours , the sheep have gone astray , grown scabbed , or have been devoured by wolves and foxes , that the remedy of all this should be onely sought by frighting those that have strayed from ever returning again , and by tearing off as well the skins as the wool of those that are scabbed ; whereas almighty god will rather require the blood even of them that have been devoured , from the shepheards themselves . . wherefore if the minister should lose part of the tythes of those whom he suffers to dissent from the church , ( the defector not saving , but the state wholly gaining them ) and the defector paying some pecuniary mulct for his schisme , and withall himself defraying the charge of his new particular church and pastorage , me thinks the burthen would be thus more equally born . . besides , the judicious world do not believe our clergy can deserve the vaste preferments they have , onely because they preach , give a better accompt of opinions concerning religion then others , or can express their conceptions in the words of the fathers , or the scriptures , &c. whereas certainly the great honour we give them , is for being patterns of holiness , for shewing by their own self-denials , mortifications , and austerities , that 't is possible for us to imitate them in the precepts of god ; for if it were but for their bare pulpit-discourses , some men might think there is ten thousand times as much already printed as can be necessary , and as good as any that ever hereafter may be expected . and it is much suspected , that the discipline of the cloisters hath kept up the roman religion , which the luxury of the cardinals and prelates might have destroyed . . the substance therefore of all we have said in this discourse concerning the church is , that it would make much for its peace , if the nursery of ministers be not too big , that austerities in the priests lives would reconcile them to the people ; and that it is not unreasonable , that when the whole church suffers by the defection of her members , that the pastours of it by bearing a small part should be made sensible of the loss ; the manner and measures of all which i leave unto those unto whom it belongs . . concerning penalties and penal laws i shall adde but this , that the abuse of them is , when they are made not to keep men from sin , but to draw them into punishment ; and when the executers of them keep them hid until a fault be done , and then shew them terrible to the poor immalicious offender : just like centinels , who never shew men the advertisements against pissing near their guards , till they have catcht them by the coats for the forfeiture they claim . chap. xi . of monopolies and offices . monopoly ( as the word signifies ) is the sole selling power , which whosoever hath can vend the commodity whereupon he hath this power , either qualified as himself pleases , or at what price he pleaseth , or both , within the limits of his commission . . the great example of a monopoly is the king of france his gabel upon salt , whereby he sells that for sixty which costs him but one ; now salt being a thing of universal use to all degrees of men , and scarce more to the poor then the rich , it seems to be of the same effect with the simplest poll-money abovementioned , in case all men spent equally of it , or if men be forced to take it whether they spend it or not , as in some places they are . but if men spend or eat salt unequally , as they commonly do , nor are bound to take or pay for more then they spend , then is no other then an accumulative excize , especially if the salt be all of one uniform goodness , otherwise it is a distinct species of leavy , viz. a monopoly . . the use or pretence of instituting a monopoly is , first , right of invention ; forasmuch as the laws do reward inventions , by granting them a monopoly of them for a certain time ; ( as here in england for fourteen years ) for thereby the inventor is rewarded more or less according to the acceptance which his invention findes amongst men . where note by the way , that few new inventions were ever rewarded by a monopoly ; for although the inventor oftentimes drunk with the opinion of his own merit , thinks all the world will invade and incroach upon him , yet i have observed , that the generality of men will scarce be hired to make use of new practices , which themselves have not throughly tried , and which length of time hath not vindicated from latent inconveniences ; so as when a new invention is first propounded , in the beginning every man objects , and the poor inventor runs the gantloop of all petulent wits ; every man finding his several flaw , no man approving it , unless mended according to his own advice : now not one of an hundred out-lives this torture , and those that do , are at length so changed by the various contrivanees of others , that not any one man can pretend to the invention of the whole , nor well agree about their respective shares in the parts . and moreover , this commonly is so long a doing , that the poor inventor is either dead , or disabled by the debts contracted to pursue his design ; and withall railed upon as a projector , or worse , by those who joyned their money in partnership with his wit ; so as the said inventor and his pretences are wholly lost and vanisht . secondly , a monopoly may be of real use for a time , viz. at the first introducing of a new manufacture , wherein is much nicety to make it well , and which the generality of men cannot judge of as to the performance . as for example ; suppose there were some most approved medicament which one certain man could make most exactly well , although several others could also make the same less perfectly : in this case this same chief artist may be allowed a monopoly for a time , viz. until others have had experience enough under him , how to make the medicament as well as himself . first , because the world may not have the medicament variously made , when as they can neither discern the difference by their senses , nor judge of the effects thereof à posteriori , by their reasons . secondly , because others may be fully instructed by him that can best do it ; and thirdly , because he may have a reward for such his communications : but forasmuch as by monopolies of this kinde , great leavies are seldom made , they are scarce pertinent to our design . offices instituted by the state with fees of their own appointment , are of parallel nature to monopolies ; the one relating to actions and employments as the other to things , and have the same to be said for and against them as monopolies have . as a kingdom encreaseth and flourisheth , so doth variety of things , of actions , and even of words encrease also ; for we see that the language of the most flourishing empires was ever the most copious and elegant , and that of mountainous cantons the contrary : now as the actions of this kingdom encreased , so did the offices ( that is , the power and faculty of solely executing and performing the said actions ) encrease likewise ; and on the contrary , as the business of offices encreased , so did the difficulty and danger of discharging them amiss decrease proportionably : from whence 't is come to pass , that the offices which at their first erecting were not performed but by the ablest , most inventive , and versatile instruments , ( such as could wrestle with all emergent difficulties , and collect rules and axioms out of the series of their own observations , ( with reference to the various casualties of their employments ) whereby to direct posterity ) are now performed by the most ordinary , formal , pack-horse deputies and sub-deputies . and whereas at first such large fees were allowed as ( considering even the paucity of them which might then be received ) should compensate the art , trust , and industry of the administratour ; yet the large said fees are still continued , although the skill and trust be lessened , and the number of the said fees so extreamly multiplyed : so as now the profits of such officers ( being become cleer , and the work so easie as any man is capable of it , even those that never saw it , ) are bought and sold for years or lives , as any other annuity may be ; and withal , the splendor arising from the easie gaines of those places in courts of justice , is called the flourishing of the law , which certainly flourisheth best , when the professors and ministers of it have least to do . and moreover , when the burthen and uselesness of such an office is taken notice of , 't is nevertheless spared as a subjects freehold in favour of him that bought it . of these offices are many in this nation , and such as might be a revenue to the king , either by their annual profits , or the sale of them for many years together . and these are the offices that are properly saleable , viz. where the fees are large , as appointed when the number of them was few , and also numerous , as multiplying upon the increase of business , and where the business is onely the labour of the meanest men : length of time having made all the work so easie , and found out security against all the frauds , breaches of trust , and male-administrations , whereunto the infancies of those places were obnoxious . these offices are thererore taxes upon such as can or will not avoid the passing through them , and are born as men endure and run themselves into the mischiefs of duelling , the which are very great , which side soever prevails ; for certainly men do not alwayes go to law to obtain right , or prevent wrong , which judicious neighbours might perform as well as a jury of no abler men ; and men might tell the judge himself the merits of their cause , as well as now they instruct their councel . this therefore of offices is a voluntary tax upon contentious men , as excize upon drink is , to good fellows to love it . chap. xii . of tythes . the word tythes being the same with tenths , signifie of it self no more then the proportion of the excisium , or part retrenched , as if customs upon imported and exported commodities should be called by the name of twentieths , as it is sometimes called tunnage and poundage ; wherefore it remains to say , that tythes in this place , do together with the said proportion , consignifie the use of it , viz. the maintenance of the clergy , as also the matter or substance out of which this maintenance is cut , viz. the immediate fruit of the land and waters , or the proceed of mens labour , art , and stock laid out upon them . it signifies also the manner of paying it , viz. in specie , and not ( but upon special and voluntary causes ) in money . . we said the matter of tythes , was the immediate fruits of the earth , viz. of grain as soon as 'c is ready to be removed from the ground that bare it ; and not of bread which is corn thresht , winnowed , ground , tempered with liquor and baked . . 't is also the second choice out of the young of multipa●ous cattle taken in specie , so soon as the said younglings can subsist without their dams , or else a composition in money for the uniparons . . 't is wool , so soon as it is shorn ; 't is fowl and fish , where fowling and fishing is rather a trade then a meer recreation , & sic de caeteris . . moreover , in great cities tythes are a kinde of composition in money for the labour and profit of the artisans who work upon the materials which have paid tythes before . . tythes therefore encrease within any territory , as the labour of that countrey increases ; and labour doth or ought to increase as the people do ; now within four hundred years the people of england are about quadrupled , as doubling every two hundred years , and the proportion of the rent of all the lands in england is about the fourth part of the expence of the people in it , so as the other three parts is labour and stock . . wherefore the tythes now should be twelve times as good as they were four hundred years ago ; which the rates of benefices in the kings books do pretty well shew , by comparing of times ; something of this should be abated because the proportion between the proceed of lands and labour do vary as the hands of labourers vary : wherefore we shall rather say , that the tythes are but six times as good now as four hundred years ago , that is , that the tythes now would pay six times as many labourers , or feed six times as many mouthes , as the tythes four hundred years ago would have done . . now if there were not onely as many parishes then as now , more priests in every parish , and also more religious men who were also priests , and the religion of those times being more operose , and fuller of work then now , by reason of confessions , holydayes , offices , &c. more in those dayes then now , ( the great work in these dayes being a compendious teaching above a thousand at once without much particular confession and catechising , or trouble about the dead ; it seems clear , that the clergy now is far richer then heretofore ; and that to be a clergy-man then was a kinde of a mortification , whereas now ( praised be god ) 't is matter of splendour and magnificence ; unless any will say , that there were golden priests when the chalices were wood , and but wooden priests when the chalices were gold ; or that religion best flourisheth when the priests are most mortified , as was before said of the law , which best flourisheth when lawyers have least to do . . but what ever the increase of the churches goods are , i grudge it them not ; onely wish , that they would take a course to enjoy it with safety and peace to themselves ; whereof one is , not to breed more churchmen then the benefices as they now stand shred out , will receive ; that is to say , if there be places but for about twelve thousand in england and wales , it will not be safe to breed up . ministers , upon a view or conceipt that the church means otherwise distributed might suffice them all ; for then the twelve thousand which are unprovided for , will seek wayes how to get themselves a livelihood ; which they cannot do more easily then by perswading the people , that the twelve thousand incumbents do poison or starve their souls , and misguide them in their way to heaven : which needy men upon a strong temptation will do effectually ; we having observed , that lecturers being such a sort of supernumeraries , have preached more times in a week , more hours in the day , and with greater vehemence every time then the incumbents could afford to do ; for graeculus esuriens in coelum , jusseris , ibit . now this vehemence , this pains , this zeal , and this living upon particular donations , makes the people think , that those who act them are withall more orthodox , nay better assisted from god then the others . now let any man judge , whether men reputed to be inspired will not get help to lift themselves into church-livings , &c. but these things are too plain from the latest experiences . . now you will ask , how shall that be done , or how may we know how to adjust our nursery to our orchard ? to which i answer , that if there be twelve thousand church-livings in england , dignitaries included , then that about four hundred being sent forth per ann . into the vineyard , may keep it well served , without luxuriency ; for according to the mortality-bill-observation , about that number will dye yearly out of twelve thousand adult-persons , such as ministers are as to age , and ought to be as well as to speculative knowledge , as practical experience , both of themselves and others . . but i have digressed , my main scope being to explain the nature of the tax of tythes ; nevertheless since the end of such explanation is but to perswade men to bear quietly so much tax as is necessary , and not to kick against the pricks ; and since the end of that again , and the end of all else we are to do , is but to preserve the publick peace , i think i have not been impertinent in inserting this little advertisement , making so much for the peace of our jerusalem . . but to return to tythes as a tax or levy , i say that in england it is none , whatsoever it might be or seem to be in the first age of its institution ; nor will the kings quit-rents in ireland as they are properly none now , seem any in the next age , when every man will proportion his expence to the remainder of his own rent after the king is paid his ; for 't is surprize and the suddenness of the charge , which a tax supervenient to a mans other expences and issues makes , that renders it a burthen , and that intollerable to such as will not understand it , making men even to take up arms to withstand it ; that is , leap out of the frying-pan upon earth into the fire even of hell , which is war and the calamities thereof . . now tythes being no tax , i speak of it but as the modus or pattern of a tax , affirming it to be next to one , the most equal and indifferent which can be appointed in order to defray the publick charge of the whole nation as well as that of the church ; for hereby is collected a proportion of all the corn , cattle , fish , fowl , fruit , wool , honey , wax , oyl , hemp , and flax of the nation , as a result of the lands , art , labour , and stock which produced them ; onely it is scarce regular in respect of housing , cloth , drinks , leather , feathers , and the several manufactures of them ; insomuch , as if the difference of tythes which the countrey payes in proportion to the city , were now de novo to be established , i do not see what in likelihood would sooner cause a grand sedition about it . . the payment of an aliquot part to the king out of the same things as now pay tythes , in specie , would have no inconvenience , because the kings rents would be like the dividend in colledges , viz. higher or lower according to the prices of those commodities , unless the said inequality in colledges happen by reason of the fewness of particulars , according to the market rates whereof , their rents are paid in money ; whereas the whole of all the particulars might well enough ballance each other , a dear or plentiful being but an appellation secundum quid , viz. with reference as to corn onely , as the chief food of the multitude ; whereas 't is likely , that the same causes which makes corn scarce may make other things in plenty of no less use to the king ; as repairing in one thing what he wants in another . . another inconvenience would be that which was observed in ireland , when the ministery were paid by sallary , and the tythes in kinde paid to the state ; who because they could not actually receive them in specie , let them at farm to the most bidder ; in the transaction whereof was much juggling , combination , and collusion , which perhaps might have been remedied , had not that course been used but as a sudden temporary shift , without intention of continuing it . . the third inconvenience is , that abovementioned , viz. the necessity of another way of tax , to take in the manufactures of those commodities which pay the tax of tythes ; whereas possibly there is a way of tax equal in its own nature , and which needs not to be pieced up by any other ; so as the officers about that may have a full employment , and none others wanted , whose wide intervals of leasure shall make them seem drones , as they are also the caterpillers of any state. chap. xiii . of several smaller wayes of levying money . when the people are weary of any one sort of tax , presently some projector propounds another , and gets himself audience , by affirming he can propound a way how all the publick charge may be born without the way that is . as for example , if a land-tax be the present distasted way , and the people weary of it , then he offers to do the business without such a land-tax , and propound either a poll-money , excize , or the institution of some new office or monopoly ; and hereby draws some or other to hearken to him ; which is readily enough done by those who are not in the places of profit relating to the way of levies in use , but hope to make themselves offices in the new institution . . i shall enumerate a few of the smaller wayes which i have observed in several places of europe , viz. first , in some places the state is common cashier for all or most moneys , as where banks are , thereby gaining the interest of as much money as is deposited in their hands . secondly , sometimes the state is the common usurer , as where loan banks , and montes pietatis are in use , and might be more copiously and effectually where registers of lands are kept . thirdly , sometimes the state is or may be common ensurer , either upon the danger onely of enemies at sea , according to the supposed primitive end of our customs in england , or else of the casualties of the enemy , weather , sea , and vessel taken together . fourthly , sometimes the state hath the whole sale and benefit of certain commodities , as of amber in the duke of brandenburghs countrey , tobacco formerly in ireland , salt in france , &c. fifthly , sometimes the state is common beggar , as 't is almost in holland , where particular charity seems only to serve for the relief of concealed wants , and to save these wanting from the shame of discovering their poverty , and not so much to relieve any wants that are declared , and already publickly known . sixthly , in some places the state is the sole guardian of minors , lunaticks , and idiots . seventhly , in some other countreys the state sets up and maintains play-houses , and publick entertainments , giving sallaries to the actors , but receiving the bulk of the profit to themselves . eighthly , in some places , houses are ensured from fire by the state at a small rent per annum upon each . ninthly , in some places tolls are taken upon passage over bridges , causeys , and ferries built and maintained at the publick charge . tenthly , in some places men that dye are obliged to leave a certain pittance to the publick , the same is practised in other places upon marriages , and may be in others upon births . eleventhly , in some places strangers especially jews , are particularly taxed ; which may be good in over-peopled countreys , though bad in the contrary case . . as for jews , they may well bear somewhat extraordinary , because they seldom eat and drink with christians , hold it no disparagement to live frugally , and even sordidly among themselves , by which way alone they become able to under-sell any other traders , to elude the excize , which bears but according to mens expences ; as also other duties , by dealing so much in bills of exchange , jewels , and money , and by practising of several frauds with more impunity then others ; for by their being at home every where , and yet no where they become responsible almost for nothing . . twelfthly , there have been in our times , wayes of levying an aliquot part of mens estates , as a fifth , and twentieth , viz. of their estates real and personal , yea of their offices , faculties , and imaginary estates also , in and about which way may be so much fraud , collusion , oppression , and trouble , some purposely getting themselves taxed to gain more trust : others bribing to be taxed low , and it being impossible to check or examine , or trace these collections by the print of any footsteps they leave , ( such as the harths of chimneys are ) that i have not patience to speak more against it ; daring rather conclude without more ado , in the words of our comick to be naught , yea exceeding naught , very abominable , and not good . chap. xiv . of raising , depressing , or embasing of money . sometimes it hath hapned , that states ( i know not by what raw advice ) have raised or embased their money , hoping thereby , as it were , to multiply it , and make it pass for more then it did before ; that is , to purchase more commodity or labour with it : all which indeed and in truth , amounts to no more then a tax , upon such people unto whom the state is indebted , or a defalkation of what is due ; as also the like burthen upon all that live upon pensions , established rents , annuities , fees , gratuities , &c. . to explain this fully , one might lanch out into the deep ocean of all the mysteries concerning money , which is done for other ends elsewhere ; nevertheless i shall do it the best i can , by expounding the reasons pro & contrà for embasing and raising of money : and first of embasing . . copper or tin money made ad valorem in its matter , is no embasing ; the same being onely cumbersom and baser then silver money , onely because less convenient and portable . and copper money ad valorem in workmanship and matter both together ; ( such as on which the effigies and scutcheon are so curiously graven and impressed , as the moneys seem rather a medal ) is not embasing , unless the numbers of such pieces be excessive , ( the measures whereof i shall not set down , until i shall hereafter propound the fittest sections of the abstracted pound into which i would have money coyned , and determine how many pieces of each section should be in an hundred pound ) for in case of such excess , the workmanship being of no other use but to look upon , becomes base by its being too common . . nor are such tokens base as are coyned for exchange in retailing by particular men , ( if such men be responsible and able to take them back , and give silver for them . ) . but that gold i count to be embased , which hath more allay either of copper or silver in it , then serves to correct its too great natural softness and flexibility , whereby it wears too fast in money : and that silver i reckon also embased , wherein is commixed more copper then will sufficiently toughen it , and save it from cracking under the hammer , press , or mill that must coin it , or the like . . base money is therefore such as dutch shillings , stivers , french soulz , irish bon-galls , &c. and for the most part consisting great pieces , though of small value . to answer the first reason or pretence of making them , which is , that the said pieces might be more bulky , handleable , and the silver in them less apt to be lost or worn away . . the other reason ( besides that of allay which we must allow in the measures abovementioned ) is to save it from being melted down by goldsmiths and bullioners , or exported by strangers ; neither of which can happen but to their loss : for suppose a stiver of two pence , had a penny of pure silver , if the bullioner melts it for the sake of the silver onely , in the separation he shall lose the copper and charge of refining the silver ; nor will strangers export it into places where the local value of the piece perisheth , the intrinsick leaving him to loss . . now the reasons against this kinde of money are , first the greater danger of falsification , because the colour , sound , and weight by which men ( without the test ) guess at the goodness of the material of money is too much confounded , for the vulgar ( whom it concerns ) to make use of them for their marks and guides in the business . . secondly , in case small pieces of this money , viz. pieces of two pence should happen to be raised or depressed twelve , fifteen , or sixteen per cent . then there will be a certain loss by reason of the fractions , which the vulgar cannot reckon : as for example , if such money were depressed but ten , eleven , or twelve per cent . then the two pence piece would be worth but three half pence , which is twenty five per cent . and so of other proportions . . thirdly , in case the inconvenience of this money should be so great as to necessitate a new coinage of it , then will happen all the losses we mentioned before in melting it down by bullioners . . fourthly , if the two pence piece contained but ⅙ . th . part of the silver usually in a shilling , then dealers would have fifteen pence paid in this money for the same commodity , for which they would take a shilling in standard silver . . raising of money is either the cutting the pound troy of standard silver into more pieces then formerly , as into above sixty , whereas heretofore the same was made but into twenty , and yet both sorts called shillings , or else calling the money already made by higher names : the reasons or pretences given for such raising are these , viz. that the raising of money will bring it in , and the material thereof more plentifully ; for trial whereof suppose one shilling were proclaimed to be worth two , what other effect could this have , then the raising of all commodities unto a double price ? now if it were proclaimed , that labourers wages , &c. should not rise at all upon this raising of money , then would this act be as onely a tax upon the said labourers , as forcing them to lose half their wages , which would not be onely unjust but impossible , unless they could live with the said half , ( which is not to be supposed ) for then the law that appoints such wages were ill made , which should allow the labourer but just wherewithall to live ; for if you allow double , then he works but half so much as he could have done , and otherwise would ; which is a loss to the publick of the fruit of so much labour . . but suppose the quart d'es●● of france commonly esteemed worth eighteen pence were raised to three shillings , then 't is true , that all the moneys of england would be indeed quart d'esens pieces ; but as true , that all the english money would be carried away , and that our quart d'esens would contain but half so much bullion as our own money did ; so that raising of money may indeed change the species , but with so much loss as the forreign pieces were raised unto , above their intrinsick value . . but for remedy of this , suppose we raised the quart d'esen double , and prohibited the exportation of our own money in exchange thereof . i answer , that such a prohibition is nugatory , and impossible to be executed ; and if it were not , yet the raising of the said species would but make us sell the commodities bought with raised quart d'esens , in effect but at half the usual rate , which unto them that want such commodities will as well yield the full ; so that abating our prices , will as well allure strangers to buy extraordinary proportions of our commodities , as raising their money will do : but neither that , nor abating the price will make strangers use more of our commodities then they want ; for although the first year they should carry away an unuseful and superfluous proportion , yet afterwards they would take so much the less . . if this be true , as in substance it is , why then have so many wise states in several ancient , as well as modern times frequently practised this artifice , as a means to draw in money into their respective dominions ? i answer , that something is to be attributed to the stupidity and ignorance of the people , who cannot of a sudden understand this matter : for i finde many men wise enough , who though they be well informed that raising of money signifies little , yet cannot suddenly digest it . as for example , an unengaged person who had money in his purse in england , and should hear that a shilling was made fourteen pence in ireland , would more readily run thither to buy land then before ; not suddenly apprehending , that for the same land which he might have bought before for six years purchase , he shall now pay seven . nor will sellers in ireland of a sudden apprehend cause to raise their land proportionally , but will at least be contented to compound the business , viz. to sell at six and an half ; and if the difference be a more ragged fraction , men under a long time will not apprehend it , nor ever be able exactly to govern their practice according to it . . secondly , although i apprehend little real difference between raising forreign money to double , and abasing half in the price of our own commodities , yet to sell them on on a tacite condition to be paid in forreign present money , shall increase our money ; forasmuch as between raising the money , and abasing the price , is the same difference as between selling for money and in barter , which latter is the dearer ; or between selling for present money , and for time ; barter resolving into the nature of uncertain time . . i say , suppose english cloth were sold at six shillings a yard , and french canvas at eighteen pence the ell , the question is , whether it were all one in order to increase money in england to raise the french money double , or to abate half of the price of our cloth ? i think the former , because that former way or proposition carries with it a condition of having forreign money in specie , and not canvas in barter , between which two wayes the world generally agrees there is a difference . wherefore if we can afford to abate half our price , but will not do it but for our neighbours money , then we gain so much as the said difference between money and barter amounts unto , by such raising of our neighbours money . . but the fundamental solution of this question depends upon a real and not an imaginary way of computing the prices of commodities ; in order to which real way i premise these suppositions : first then , suppose there be in a territory a thousand people , let these people be supposed sufficient to till this whole territory as to the husbandry of corn , which we will suppose to contain all necessaries for life , as in the lords prayer we suppose the word bread doth ; and let the production of a bushel of this corn be supposed of equal labour to that of producing an ounce of silver . suppose again that a tenth part of this land , and tenth of the people , viz. an hundred of them , can produce corn enough for the whole ; suppose that the rent of land ( found out as above-mentioned ) be a fourth part of the whole product , ( about which proportion it really is , as we may perceive by paying a fourth sheaf instead of rent in some places ) suppose also that whereas but an hundred are necessary for this husbandry , yet that two hundred have taken up the trade ; and suppose that where a bushel of corn would suffice , yet men out of delicacy will use two , making use of the flower onely of both . now the inferences from hence are ; first , that the goodness or badness , or the value of land depends upon the greater or lesser share of the product given for it in proportion to the simple labour bestowed to raise the said product . secondly , that the proportions between corn and silver signific onely an artificial value , not a natural ; because the comparison is between a thing naturally useful , and a thing in it self unnecessary , which ( by the way ) is part of the reason why there are not so great changes and leaps in the pro●●ed of silver as of other commodities . thirdly , that natural dearness and cheapness depends upon the few or more hands requisite to necessaries of nature : as corn is cheaper where one man produces corn for ten , then where he can do the like but for six ; and withall , according as the climate disposes men to a necessity of spending more or less . but political cheapness depends upon the paucity of supernumerary interlopers into any trade over and above all that are necessary , viz. corn will be twice as dear where are two hundred husbandmen to do the same work which an hundred could perform : the proportion thereof being compounded with the proportion of superfluous expence , ( viz. if to the cause of dearness abovementioned be added to the double expence to what is necessary ) then the natural price will appear quadrupled ; and this quadruple price is the true political price computed upon naturall grounds . and this again proportioned to the common artificiall standard silver gives what was sought ; that is , the true price currant . . but forasmuch as almost all commodities have their substitutes or succedanea , and that almost all uses may be answered several wayes ; and for that novelty , surprize , example of superiours , and opinion of unexaminable effects do adde or take away from the price of things , we must adde these contingent causes to the permanent causes abovementioned , in the judicious foresight and computation whereof lies the excellency of a merchant . now to apply this digression , i say , that to encrease money , it is as well necessary to know how to abate the raise , the price of commodities , and that of money , which was the scope of the said digression . . to conclude this whole chapter , we say , that raising or embasing of moneys is a very pittiful and unequal way of taxing the people ; and 't is a sign that the state sinketh , which catcheth hold on such weeds as are accompanied with the dishonour of impressing a princes effigies to justifie adulterate commodities , and the breach of publick faith , such as is the calling a thing what it really is not . chap. xv. of excize . it is generally allowed by all , that men should contribute to the publick charge but according to the share and interest they have in the publick peace ; that is , according to their estates or riches : now there are two sorts of riches , one actual , and the other potential . a man is actually and truly rich according to what he eateth , drinketh , weareth , or any other way really and actually enjoyeth ; others are but potentially or imaginatively rich , who though they have power overmuch , make little use of it ; these being rather stewards and exchangers for the other sort , then owners for themselves . . concluding therefore that every man ought to contribute according to what he taketh to himself , and actually enjoyeth . the first thing to be done is , to compute what the total of the expence of this nation is by particular men upon themselves , and then what part thereof is necessary for the publick ; both which ( no not the former ) are so difficult as most men imagine . . in the next place we must conceive , that the very perfect idea of making a leavy upon consumptions , is to rate every particular necessary , just when it is ripe for consumption ; that is to say , not to rate corn until it be bread , nor wool until it be cloth , or rather until it be a very garment ; so as the value of wool , cloathing , and tayloring , even to the thread and needles might be comprehended : but this being perhaps too laborious to be performed , we ought to enumerate a catalogue of commodities both native and artificial , such whereof accompts may be most easily taken , and can bear the office marks either on themselves , or on what contains them ; being withall such , as are to be as near consumption as possible : and then we are to compute what further labour or charge is to be bestowed on each of them , before consumption , that so an allowance be given accordingly . as for example , suppose there be an hundred pounds worth of stript stuff for hangings , and an hundred pounds worth of cloth or stuff for the best mens cloathes ; i conceive , that the cloth should bear a greater excize then the said stript stuff , the one wanting nothing but tacking up , to be at its wayes end ; and the other tayloring , thread , silk , needles , thimbles , buttons , and several other particulars : the excise of all which must be accumulated upon the excize of the cloth , unless they be so great ( as perhaps buttons , lace , or ribbons may be ) to be taxed apart , and inserted into the catalogue abovementioned . . now the things to be accumulated upon cloth are , as near as possible , to be such particulars as are used onely to cloth , or very rarely to any other particular , as the several sorts of peculiar trimmings ; so on corn should be accumulated the charge of grinding , bolting , yeast , &c. for the baking of it into bread , unless , as was said before , any of these particulars ' can be better rated apart . . a question ariseth hence , whether any native commodities exported ought to pay the excize , or that what is imported in lieu of it should pay none ? i answer no , because they are not spent here in specie ; but i conceive that the goods returned from abroad for them and spent here should pay , if the exported have not already , for so shall what we spend pay once , but not ostner . now if bullion be returned , then if it be coyned into money it ought not to pay , because money will beget other commodities which shall pay ; but if the said bullion be wrought into plate and utensils , or disgrost into wire or lace , or beaten into fucilles , then it also ought to pay , because it is consumed and absolutely spent , as in lace and gilding is too notorious ; and this is the reason why i think the leavy we commonly call customs to be unseasonable and preposterous , the same being a payment before consumption . . we have several times spoken of accumulative excize , by which we mean taxing many things together as one : as for example , suppose the many drugs used in treacle or mithridate were used onely in those compositions , in such case by taxing any one of them , the whole number will be taxed as certainly as that one , because they all bear a certain proportion one to another : in cloth , the workmanship and tools as well as the wool may be well enough taxed , &c. . but some have strained this accumulation so , as they would have all things together taxed upon some one single particular , such as they think to be nearest the common standard of all expence , the principal ends of their proposition being these , viz. first , to disguise the name of excize , as odious to them , that do neither know the payment of taxes to be as indispensable as eating , and as have not considered the natural justice of this way of excizing or proportionating . secondly , to avoid the trouble and charge of collecting . thirdly , to bring the business ad firmum , and to a certainty of all which we shall speak hereafter , when we examine the several reasons for and against the way of excize , proceeding now to the several species of accumulative excizes propounded in the world . . some propound beer to be the only excizable commodity , supposing that in the proportion that men drink , they make all other expences ; which certainly will not hold , especially if strong beer pay quintuple unto , ( as now ) or any more excize then the small : for poor carpenters , smiths , felt-makers , &c. drinking twice as much strong beer as gentlemen do of small , must consequently pay ten times as much excize . moreover , upon the artizans beer is accumulated , onely a little bread and cheese , leathern clothes , neck-beef , and inwards twice a week , stale fish , old pease without butter , &c. whereas on the other , beside drink , is accumulated as many more things as nature and art can produce ; besides this way of excizing , though it be never so well administred , is neither so equal nor so easie , nor so examinable as the simple poll-money before spoken of , which is also but an accumulative excize . . what hath been propounded for beer may be of salt , fuel , bread , &c. and the propositions would all labour under the same inconveniences ; for some spend more , some less of these commodities ; and sometimes families ( each whereof are propounded to be farmed , without descending to individual heads ) are more numerous at some times then at others , according as their estates or other interests shall wax or wane . . of all the accumulative excizes , that of harth-money or smoak-money seems the best ; and that onely because the easiest , and clearest , and fittest to ground a certain revenue upon ; it being easie to tell the number of harths , which remove not as heads or polls do : moreover , 't is more easie to pay a small tax , then to alter or abrogate harths , even though they are useless and supernumerary ; nor is it possible to cover them , because most of the neighbours know them ; nor in new building will any man who gives forty shillings for making a chimney be without it for two . . here is to be noted , that a harth-money must be but small , or else 't will be intollerable ; it being more easie for a gentleman of a thousand pound per annum to pay for an hundred chimneys ( few of their mansion-houses having more ) then for labourers to pay for two . moreover , if the land-lord onely pay this tax , then is it not an accumulative excize for all , but a particular excize upon but one onely commodity , namely housing . . now the reasons for excize are these , viz. first , the natural justice that every man should pay according to what he actually enjoyeth ; upon which account this tax is scarce forced upon any , and is very light to those , who please to be content with natural necessaries . seondly , this tax if it be not farmed , but regularly collected , engages to thrift , the onely way to enrich a nation , as by the dutch and jews , and by all other men , who have come to vaste estates by trade , doth appear . thirdly , no man payes double or twice for the same thing , forasmuch as nothing can be spent but once ; whereas it is frequently seen , that otherwise men pay both by the rent of their lands , by their smoaks , by their titles , and by customs , ( which all men do , though merchants chiefly talk of it ) they also pay by benevolence and by tythes ; whereas in this way of excize no man need pay but one way , nor but once , properly speaking . fifthly , by this way an excellent account may be taken of the wealth , growth , trade , and strength of the nation at all times . all which reasons do make not for particular compoundings with 〈◊〉 , nor for letting the whole to farm , but for collecting it by special officers , who having a full employment , will not be a fourth of the charge of our present many multiform levies ; for to put extraordinary trouble and hazzard upon the countrey officers , is a sorer taxing of them , then to make them pay a small reward unto practised persons to be their substitutes . all which are the common objections against excize . . i should here adde the manner of collecting it , but i refer this to the practice of holland ; and i might also offer how men may be framed to be fit for this and other publick trusts , as to be cashiers , store-keepers , collectors , &c. but i refer this enquiry unto a more ample and fit occasion . errata . pag. line . between [ who and spent ] interline [ have ] after [ want ] read [ general ] instead of [ more ] before [ starve ] interline [ needlesly ] before [ cause ] read [ one ] instead of [ the ] read [ is ] instead of [ are ] read [ them ] for [ him ] read [ their ] for [ his ] read [ viz. ] for [ that is ] read [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] instead of [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] read [ excisum ] not [ excisium ] read [ obligees ] not [ obliges ] read [ enhansing ] not [ exhausting ] between [ way and land-tax ] interline [ of a ] deleatur [ sometimes ] between [ rents and we ] interline [ in order to taxes ] between [ seldom and enough ] interline [ rich ] deleatur [ with ] after [ hazards ] interline [ and ] read [ omitted ] read [ apparatus ] instead of [ appurtenances ] after [ the ] interline [ former ] after [ land ] read [ this latter ] instead [ of the ] deleatur [ by ] between [ &c. and then ] interline [ could be fertilized ] read [ worth ] not [ work ] after [ market ] interline [ abroad ] read [ paribus ] not [ talibus ] read [ conniving ] not [ coyning ] pag. line . deleatur [ as much harm ] ibid. between [ of and one ] interline [ the ] penult . after [ coffee ] inter [ and ] read [ meerly ] for [ merrily ] ult . before [ certainly ] interline [ case ] dele [ out ] read [ so or not ] instead of [ use ] read [ on ] for [ of ] read [ their ] for [ the ] after [ heterodox ] interline [ believer ] read [ wearing ] for [ weaving ] read [ defect ] for [ dissent ] between [ then and is ] interline [ it ] . ult . after [ yet the ] interline [ said ] read [ offices ] for [ officers ] read [ shared ] for [ shred ] read [ consequences ] for [ calamities ] read [ an ] for [ no ] after [ plentiful ] interline [ year ] read [ medalls ] instead of [ a medall ] between [ consisting and great ] interline [ of ] read [ d'escu ] instead of [ d'esens ] read [ abating ] for [ abasing ] after [ former ] interline [ better ] read [ prices ] for [ proceed ] read [ as ] for [ the ] read [ families ] for [ faculties . ] finis . die mercurii, [o] octobr. . resolves of parliament, concerning rates for composition of delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, [o] octobr. . resolves of parliament, concerning rates for composition of delinquents. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . signed: hen: scobell, cleric. parliamenti. the bracketed "o" in the title is in superscript on the t.p. reproductions of the originals in the british library and the harvard university library. eng taxation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, ⁰ octobr. . resolves of parliament, concerning rates for composition of delinquents. the house this day, according to for england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , o octobr. . resolves of parliament , concerning rates for composition of delinquents . the house this day , according to former order , proceeded in the debate of the report made from the committee of the army touching delinquents : resolved upon the question by the parliament , that all such delinquents whose compositions having been set , have not paid in all or any part thereof at the times limited , and for non-payment have incurred the penalties formerly imposed , and shall pay in their whole fines , or such part thereof as yet remains unpaid , with interest for the same since the time the same should have been paid ; viz. all such whose habitations are within fourscore miles of london , before the tenth day of november next ensuing ; and all other at a greater distance , before the four and twentieth day of november aforesaid , shall be discharged from the said penalties : and the commissioners for compounding with delinquents , are ordered to return to the parliament , or such as they shall appoint to receive the same , the names of all such delinquents as shall not within the respective days herein before limited , pay in the whole fine imposed on them , with interest as aforesaid , in order to the speedy sale of their estates . resolved , that for the enabling such delinquents to perfect their compositions as are willing to compound , the said commissioners be impowered , if it shall appear to the said commissioners that a delinquent is not able to raise his fine without sale of some part of his estate , to give a full discharge to such reasonable proportion of the estate as they shall think fit to give way to the sale of , towards the raising of such fine as is or shall be imposed , so as the residue of his estate shall be lyable to make good any forfeiture which the delinquent shall incur by undervaluing any part of the estate compounded for ; provided license be obtained from the said commissioners , and the fines paid within the times limited by means of such sale . resolved , that all such delinquents , who upon the setting of their fines have had saving to certain parts of their estates , under several pretences , that the said estates were litigious , shall have liberty to compound for such part of their estates so saved and reserved , at the same rate and value that they compounded for the other part of their estates , if they shall perfect the same within the times limited ; viz. all such delinquents as are inhabiting within eighty miles of london , before the tenth day of november next ensuing , and all others further distant before the four and twentieth of november aforesaid ; and in default thereof , the estate of any person or persons so saved or reserved , shall be lyable to be sold as the lands of other delinquents uncompounded for , unless the commissioners for compositions , &c. shall upon good cause shewn give further time for such saving or reservations to continue . resolved , that all such delinquents , whose compositions have been set , as shall within the respective times before mentioned discover to the said commissioners any part of their estate , which at the time of their composition was under-valued or concealed , & ought to havebeen compounded for ( shal in such case where no information is depending , or judgement given ) be admitted to compound for such part of his or their estate so under-valued or concealed as aforesaid , according to the rates and proportions at which they did formerly compound , so as they pay in their whole moneys before the four and twentieth day of november next ensuing ; and that all such delinquent against whom any information is depending or judgement given , or who shall be discovered by information of any other person then themselves within the times before limited , shall be admitted to compound at the rates and proportions following ; viz. every person who hath formerly compounded at a tenth part of their estates , shal● compound at a full sixth part of what is so undervalued or omitted ; every person who hath compounded formerly at a sixth part , shall pay one full third part ; and all such who formerly did compound at a third , shall pay one full moyety of what is concealed or under-valued respectively , according to the present rules for compositions so as the said persons do pay the whole fines to be imposed upon such omissions or under-valuations before the said four and twentieth of november . ordered by the parliament , that these votes be forthwith printed and published ; and that it be referred to the commissioners for compounding , to take care the same be sent to the sheriffs in the respective counties , who are enjoyned and required immediately after receipt thereof , to publish the same , or cause them to be published in all cities boroughs and market-towns , and affixed and set up in the places accustomed . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . 'tis humbly proposed to the honourable house of commons, for raising l. per an. in lieu of the duties on glass-wares, tobacco-pipes, and stone and earthen-wares; and to supply the want of about six hundred thousand pounds, by fall of the wine bill. viz. palmer, charles, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) 'tis humbly proposed to the honourable house of commons, for raising l. per an. in lieu of the duties on glass-wares, tobacco-pipes, and stone and earthen-wares; and to supply the want of about six hundred thousand pounds, by fall of the wine bill. viz. palmer, charles, ?- . sheet ([ ] p.). s.n., [s.l. : april the . ] date of publication from foot of text; signed at foot: charles palmer. item at : is a reproduction of the original at the harvard university library; item at : is from trinity college (dublin, ireland) library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- law and legislation -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 't is humbly proposed to the honourable house of commons , for raising l. per an. in lieu of the duties on glass-wares , tobacco , pipes , and stone and earthen-wares ; and to supply the want of about six hundred thousand pounds , by fall of the wine bill . viz. to lay a tax of s. per hundred on all melted fat , prepared for the use and make of tallow-candles and soap , which will raise the above said sum ; when considered , that in england , wales , and berwick , by computation , the number of houses , ( besides colleges , hospitals , and cottages ) are more then — . then admitting , each house use two pound of tallow candles per week ; few using less , but many considerably more , as taverns , inns , ordinaries , and other publick houses ; as also houses of artificers , manufacturies , &c. ) makes l. of candles yearly to each house , which in all , makes yearly consumed hundred weight of fat. and it may reasonably be supposed , the like quantity may be yearly expended in our merchants ships , merchant strangers , coasters , small craft , katches , colliers , hoys , barges , dock-yards , tallowing of ships , vessels , boats , &c. also at times of publick rejoicings , great festivals , and illuminations all which , at s. per hundred , makes l. per ann. besides what fat is yearly expended in make of soap . that the said s. per hundred be laid upon all foreign melted fat , to be paid by the importer . this moderate tax on melted fat , cannot be grievous or burthensome to either buyer or seller , but be easie to the subject , and readily collected , by finding the same at the melters , tallow-chandlers , and soap-boilers . note , that the scotch , by their cunning , have enacted , that all goods , wares , and merchandises , of the growth or make of the east-indies , shall be imported custom-free . for which reason , 't is humbly submitted , if a duty of l. per cent. may not be laid upon those goods when imported at london , or other places in england , wales , and berwick ; as also the wares and merchandises , being the growth of their own country , which may bring the crown above l. per ann. and be perpetual . proposed , and humbly presented , by charles palmer . april the . . whereas we are informed by the earl of ranelagh, and his partners, that several sheriffs and collectors within the respective counties of this kingdom, have received by vertue of his majesties process, divers considerable summs of money due to his majestie, and which do belong to the earl of ranelagh and partners undertaking, some of whom have accompted lately in the exchequer, but not paid in the money due from them ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas we are informed by the earl of ranelagh, and his partners, that several sheriffs and collectors within the respective counties of this kingdom, have received by vertue of his majesties process, divers considerable summs of money due to his majestie, and which do belong to the earl of ranelagh and partners undertaking, some of whom have accompted lately in the exchequer, but not paid in the money due from them ... by the lord lieutenant and council, ormonde. ireland. lord lieutenant ( - : ormonde) ormonde, james butler, duke of, - . broadside. printed by benjamin took and john crook ... and are to be sold by mary crook ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. "given at the council chamber in dublin the th day of march " [ ] reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax collection -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant and council . ormonde . whereas we are informed by the earl of ranelagh , and his partners , that several sheriffs and collectors within the respective counties of this kingdom , have received by vertue of his majesties process , divers considerable summs of money due to his majestie , and which do belong to the earl of ranelagh and partners undertaking , some of whom have accompted lately in the exchequer , but not paid in the money due from them ; and others have not as yet accompted ▪ upon consideration whereof , we think fit by this our proclamation , to require such of the said sheriffs and collectors who have accompted and not paid what remains due from them , that they do with all convenient speed , & at farthest by the twenty ninth day of april next , pay the money in their respective hands into his majesties treasurie , and such of them as have not accompted , that they do by the twelth day of may next make up their accounts : and pay such money as they have received into his majesties said treasury : to the end the same may be applied to the uses of the said undertaking . and if they fail herein , they shall be proceeded against with the utmost severity . and we do also hereby require all collectors of the monies applotted within this kingdom for the supply of the deficiencie of the years value , who have not accompted for , and paid the moneys by them collected , that they do at or before the said twenty ninth of april next , account for , and pay in the monies by them collected into his majesties said treasurie , as they will answer the contrary at their perils . given at the council-chamber in dublin the th , day of march . mich : armach . c. jo : dublin . blesinton . lanesbrough . hen. midensis . ro : fitz-gerald . ca : dillon . char : meredith . ro : booth . jo : davys . john cole . theo : jones . god save the king. dvblin , printed by benjamin tookand john crook , printers to the kings most excellent majestie ; and are to be sold by mary crook , at his majesties printing-house in skinner-row . . a proclamation for the ready in-bringing of the annexed and additional excise. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for the ready in-bringing of the annexed and additional excise. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the king's most excellent majesty, edinburgh : anno dom. [ ] caption title. initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the third day of august and of our reign the ninth year, . signed: gilb. eliot, cls. sti. concilii. imperfect: cropped with loss of imprint date. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng alcohol -- taxation -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation for the ready in-bringing of the annexed and additional excise . william by the grace of god , king of great britain , france , and ireland , defender of the faith ; to _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally specially constitute , greeting ; forasmuch as , by the second act of the sixth session of this our current parliament , the lords of our privy council are authorized , and impowered to prescribe such other methods , and orders , ( besides what is mentioned in the said act ) as they should judge necessary , for the better up-lifting and in-bringing of the additional excise imposed upon the respective liquors specified in the said act : and specially , for causing the same to be raised , and up-lifted upon the liquor , and not upon the malt. and we considering , how necessar it is , for the better in-bringing the annexed and additional excise , and for determining all differences betwixt the brewars and the tacksmen of the said annexed and additional excise , and their sub-tacksmen , and collectors , from the first day of march one thousand six hundred and nyntie seven , to the first day of march , one thousand six hundred and ninty eight , during which space , the said annexed and additional excise is now set in tack , that all entries of liquors of whatsoever sort , brown and imported , lyable to the said excise , be duely and timously made . do therefore , with advice of the lords of our ●rivy council , require and command the commissioners of supply , of the several shyres within this kingdom , qualified according to law , and residing whithin the shyre : and who , by the said act of parliament , are appointed commissioners of the said annexed excise , to meet at the head-burgh of the respective shyres , the first tuesday of september next to come , and at their said meeting , to settle and appoint places , within six myles where the brewers lives , where the publick excise offices shall be most conveniently keept for the brewers to enter , and give up the quantities of the liquors browen by them , lyable in payment of the said excise . and appoints the saids commissioners , immediately after designing places for the saids offices , to cause make publick intimation at all the church doors , within the saids respective shyres of the particular places , designed by them , for the several excise offices . with certification to the saids commissioners , or any of them , residing within the saids respective shyres , who shall failȝie to meet the said first tuesday of september , nixt to come ; and to appoint , and design the particular places , for excise offices , in manner above exprest , their names shall be returned by their clerk to the lords of our privy council : to the effect they may take such course therewith , as they shall see cause . and we , with advice foresaid , require and command the saids commissioners to meet the first tuesday of every moneth thereafter , during the continuance of the said additional excise , in manner , and for the ends prescribed , and set down in the foresaid act of parliament ; and we , with advice foresaid , require and command the whole brewers within the bounds , alloted for the saids respective excise offices , to wait upon the saids respective commissioners thereat , upon the first tuesday day of september above exprest , without any further intimation , charge or citation to be given to them , by the saids tacksmen , sub-tacksmen , or collectors of the said annexed and additional excise , but the publication hereof , allen●rly : and there to give in , and make , and the saids commissioners to receive from them full , and faithful entries of all liquors browen , or retailed within the saids bounds , lyable in payment of the said annexed and additional excise , since the first day of march last inclusive , to the said first tuesday of september , one thousand six hundred nyntie seven . and because the brewers , and others lyable to the said excise , for want of timous intimation , for the said moneth of march , and thereafter , may pretend , that they cannot give their oaths , if required , upon the precise quantity of their brewing , or liquors retailed by them , during the said space , they are therefore , here by allowed to give their oaths in these terms , that their said brewing , or retail , hath not exceeded such a quantity , which is hereby held as sufficient , to make them lyable for the same . declaring hereby , and certifying such brewers and retaillers , who shall not compear , and attend the saids commissioners , the first tuesday of every moneth , for making the entry of all liquors browen , or retailed by them , lyable to the said excise , for the preceeding months , they shall be holden as confest , and decreets given against them , for the quantities of liquors lyble to the foresaid annexed and additional excise , which shall be contained in the claims , and complaints to be given in by the tacksmen , sub-tacksmen , and collectors against them . providing , nevertheless , that if the saids brewers , who shall failȝie , and be holden as confest , shall at any time within three moneths thereafter , compear before any two of the saids commissioners , and having first made due intimation to the tacksmen make faith as above , and report a certificat thereon , under their hands , they shal be reponed against the said certification , upon punctual payment of what they shall be found due ; and we with advice foresaid , appoint and ordaine , that no brewer within brough of royality , barrony or regality , vend or sell any part of their browsts , until first they make entry thereof at the excise office , within the respective burghs , and there obtain a sufferance for the quantity brown , which the keeper of the office is to give gratis , and without delay ; and that in case of non-entry , or wrongous entry , the brewer within burgh to be lyable in the sum of ten pounds scots toties quoties ; and all execution competent shall be made use of by our tacksmen , their sub-tacksmen , or collectors against the respective brewers for the same ; and which entrys may be disproven before any magistrat , justice of peace , or commissioner of excise by witnesses , or oath of party , notwithstanding of any survey made by the surveyers , and waiters ; and that all brewers barrels be for hereafter marked with their own name , and the seal of the next excise-office , which seal shall be furnished to them gratis : as also , that no person presume to reset any ale , or drinking beer in their houses , in order to the imbazling of the 〈◊〉 under the pain of ten pounds scots toties quoties , to be payed to the foresaids tacksmen , their sub-tacksmen or collectors . and farder , that all tapsters , and vintners of ale and drinking beer , shall for hereafter , before they tap , or vend the same , take first a licence from the nixt excise-office , and there give bond and caution , that they shall not tapp nor sell , for less prices than these appointed by the act of parliament , under the penaltie of ten pounds scots toties quoties , it being always in the power of the commissioners of supplie and excise , to modifie the saids penalties , when incurred as to all brewers not living in burghs of royallity , regality or barrony : and in regard , the excise of strong waters , aquavity , brandy , and forregin beer and ale , is ordered by the said act of parliament to be payed by the retailers ; therefore we with advice of the lords of our privy council require and command , all brewers of aquavity and strong waters , to make monthly entries of the quantities of the saids liquors browen by them , and give in subscribed lists to the nixt excise-office , of the names of the persons to whom they sell their aquavity , or strong waters to be again sold by retail ; as likeways , that the collectors , clerks , or surveyers at sea ports , give up a true and particular accompt to the saids tacksmen , their sub-tacksmen , or collectors of the said excise of the quantities of foreign strong waters , brandy and foreign beer and ale imported from time to time , and who is the merchant importer . as also , that the said merchant importer , and all other persons who now pretend to sell the foresaids liquors in haill sale conform to the late act of parliament : that is to say , above a pint , be lyable and obliged to give and deliver subscrived lists to the saids tacksmen , or their sub-tacksmen deputes , and collectors of the persons names to whom they sell the said brandy , strong waters , or foreign beer and ale for retail , and of the quantities sold to them , to the effect that the saids retailers may be still lyable for the excise thereof , and in case the saids commissioners , or at lest two of them shall fail , yet to meet and attend the saids respective excise offices upon the said first tuesday of september nixt , or upon the first tuesday of any subsequent moneth during the continuance of the said additional excise ; the whole division , and each of them residing , within the said shire under the certification foresaid ; and after instruments taken against them , of their failȝie to meet and attend as said is ; we with advice foresaid require and command , the sheriffs and their deputes , or such as the said sheriff shall substitute to each particular dyet for that effect , allanerly to repair to the saids respective offices , within twenty four-hours after they shall be desired by the tacksmen , their sub-tacksmen , or deputies , and collectors of the said annexed , or additional excise ; there summarly to judge upon what occurs within the bounds of that office in reference to the said annexed or additional excise , certifying the saids sheriffs , their deputes , or substitutes , if they faill , they shall be punished as the lords of our privy council shall think sit : and further , we with advice foresaid , prohibit and discharge any of the commissioners of supply , or other inferior judges , or officers of the law within this our realm , to stop or hinder , either quartering , poynding , or any other lawful execution that shall be used by our tacksmen , their sub-tacksmen , deputes and collectors of the said annexed , or additional excise , against the respective brewers , and retailers conform to the entries that shall be made by them , or according to the quantities of liquors retailed by them ; or whereupon they shall be holden as confest , in manner , and before the judges above-mentioned , except in the case foresaid , under the pain of being , not only lyable for the charges and damnages our saids tacksmen , their sub-tacksmen and collectors shall sustain and incurr there through ; but also , to such further pains as the lords of our privy council shall think sit . and lastly , it is hereby declared , that all the penal toties quoties above-mentioned , are to be understood not for every delinquency , but allanerly for every conviction , and for one single transgression to be therein found . our will is herefore , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and to the mercat - 〈◊〉 of the head-burghs of the several shires and stewartries within this kingdom ; and there in our name and authority by open proclamation , make intimation hereof that none ●●●tend ignorance ; and ordains printed coppies hereof to be sent to the sheriffs of the several shires , and stewarts of the stewartries within this kingdom , whom , and their clerks , we ordain to see the samen published , and coppies thereof affixed at the saids mercat-crosses , and appoints them to send doubles thereof to all the ministers both in churches and meeting-houses within their respective jurisdictions ; that upon the lords day immediately preceeding , the said first tuesday of september nixt , the samen may be intimate and read in every paroch-church and meeting-house ; and a coppie of the same affixt upon the most publick door thereof ; and ordains these presents to be printed . given under our signet at edinburgh , the third day of august and of our reign the ninth year , . per actum dominorum secreti concilii . gilb . eliot , cls. sti. concilii . god save the king. edinburgh , printed by the heirs and successors of andrew anderson , printer to the king 's most excellent majesty , anno 〈…〉 act anent the pole-money. edinburgh, march . .. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) act anent the pole-money. edinburgh, march . .. scotland. privy council. sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the kings most excellent majesty, edinburgh : anno dom. . caption title. signed: gilb. eliot cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion act anent the pole-money . edinburgh , march . . the lords of his majesties privy council , as being impowered by the twelfth act of the last session of this current parliament , intituled act anent pole-money , to order and appoint such other methods and courses as they shall judge fit , for stating and in-bringing of the pole-money imposed by the said act : do hereby order and appoint the commissioner of supply in each shire , to meet with all convenient diligence at the head-burgh or other usual place of meeting , within the said shire by their conveener ; or if they have none , by the sheriff for that effect ; and there to order one of their number per vices , to attend or keep court weekly two days at least , viz. tuesday and thursday each week at the said burgh . as also , that the magistrats of burghs royal , appoint one of their number to attend and keep court weekly per vices within their burgh at least two days each week , to the effect the said commissioner or magistrat so to be appointed , may give out warrands for citation , at the instance of the tacksmen of the said pole , or any having their order , against the persons lyable in payment of the said pole , single , double , or quadruple , the single and double being always included in the said quadruples , being the highest and outmost wherein any person can be lyable by the said act ; and sustain process and administer justice , and pass decreets against the saids persons lyable , conform to the said act of parliament . as also , that process be sustained in the case foresaid , upon a citation to one dyet , whereupon the persons cited , if personally apprehended , may be likewise holden as confest , and that upon the decreets to be given by the said commissioners or magistrats of burghs against the persons lyable in the foresaid pole ; the like summar execution may be directed as upon decreets for supply or excise , quartering only excepted : and farder , that a precept or letters may be directed against all these that shall be decerned for the said pole , within one shire or burgh , and that the several persons and sums therein contained shall not make several causes , but shall only be payed for as one cause : and the saids lords do hereby appoint&ordain all clerks of shires and of burghs royal , to exhibite and make patent to the said tacksmen , or any having their order , their respective valuation and stent-roll when required , in order to particular mens stents or valuation , whose poles are not other ways determined ; as likewise , that the inhabitants of burghs royal give lists when required , of such as reside within their families ; and that the magistrats give the necessary orders for that effect : and the foresaid clerks of shires and burghs , and also their collectors , are hereby ordained to give to the saids tacksmen or these having their orders , notes or abstracts of what instruments may be taken in their hands by any person lyable in the said pole , anent their listing or paying . and lastly , the saids lords of his majesties privy council , require and ordain the commissioners of the said shires , to cause their clerks give extracts of their collectors bonds to the said tacksmen , or any having their order ; and if need beis , that they give also summar processes and execution at the instance of the said tacksmen and their foresaids , against the saids collectors and their cautioners , upon their saids bonds as accords . and the saids commissioners and magistrats of burghs , and all others concerned , are hereby strictly commanded and required to observe and perform the premisses as they will be answerable . and these presents are ordained to be printed and published at the mercat-crosses of the head-burghs of shires , and of all burghs royal in the usual form. extracted by me gilb . eliot cls. sti. concilii . edinburgh , printed by the heirs and successors of andrew anderson , printer to the kings most excellent majesty , anno dom. . appello [sic] cæsarem, or, an appeal to cæsar in vindication of a little book printed some years since the time of our troubles and intituled a præsent for cæsar / both done by tho. bradley. bradley, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) appello [sic] cæsarem, or, an appeal to cæsar in vindication of a little book printed some years since the time of our troubles and intituled a præsent for cæsar / both done by tho. bradley. bradley, thomas, - . p. printed by alice broad, yorke : . reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain. tithes. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion appello caesarem . or ▪ an appeal to caesar : in vindication of a little book printed some years since in the time of our troubles and intituled , a praesent for caesar . both done by tho : bradley d. d. one of his late majesties chaplains , and rector of castleford and ackworth near pontefract in yorkshire , both in his majesties gift and of his speciall grace bestowed upon the author , but ever since ( meerly for his loyalty ) taken from him again by sequestration . yorke , printed by alice broad , . to the kings most excellent majesty charles the second , by the grace of god king of england , scotland , france & ireland , defender of the faith , in all causes and over all persons ecclesiasticall and civill within his majesties dominions next under christ supream head and governour . most gracious & dread soveraign , to your sacred hand & view i humbly offer this little peiee , because your majesty is in some sort concerned in it ; i know your majesty hath little time to read books , but there are some books which both for the usefulnes of the subject & matter which they treat of , and for the smoothnes of the style & language they are cloth'd with , are both pleasant & profitable , and so the reading of them is but a studious recreation , and such is this at least in one of these respects , and it is but a little one , it took not up above two dayes in the writing of it , l●sse then one hours time in the reading of it will dispatch it , and i humbly beseech your majesty that you would bestow upon it those few minutes , that you will be pleased to read it and that you would read it through , and that you would read it your selfe , for there are some things in it which perhaps there are many that are not willing your majesty should be acquainted with , and therefore against such i humbly beg your majesties protection , howsoever i shall keep my self within the bounds of truth & sobernes , and if i do disserve any of them it shall be in order to the serving of your majesty , which when i can do no way else , i shall supply with my prayers publike and private for all the blessings which may make your majesty happy both here on earth , and eternally hereafter in heaven . amen . your majesties most humble and loyall subject , t. bradley , apello caesarem : or an appeal to caesar in the vindication of a little book printed some years since in the time our troubles : intiuled , a present for caesar . true it is there was such a little book printed some years since ; which i do own , in which i find no fault but in the title , and some complementall language here & there to mitigate the ferocity of that tyrant with whom in it i had to do , but he was sagacious enough to discover the hook that lay hidden under that bait which then i offerd him , 't is true the title was a present for caesar : and we have no caesar but the king. but surely in common prudence , thus much you will allow to policy , that he which had a tyrant to deal withall may give him good words . neither did the giving of him a better style then he deserv'd make him really such as that style did import , nor conclude him that gave it him ( onely by way of allusion ) to esteem him so . there are evidences enough to conclude the contrary in the judgment of all them that know me , for if services or sufferings , by sequestrations , plunderings , frequent imprisonments , menaces and threatnings reaching even to life it selfe may speak a man loyall , there are enough that speak loud enough to declare me such . for my zeal in his majesties cause , and service , it is well known i forsook all to follow him through thick and thin , and did so to the very last , and being a sworn chaplain was one of those that did help to carry the arke before him in the time of his greatest troubles and dangers , and was afflicted in many of those things wherein he was afflicted . but to passe by these praevious considerations mentioned only for prevention of prejudice . i pass from the title of the book to the book it selfe , and of that i shal give a very brief yet a full and clear account under these two heads . . by showing what the very sum , subject , & substance of that book was . . what my aymes , ends , & reaches were in penning it at that time . the former of these is obvious to any man at the first view , which sees or reads it , but in the latter i was more reserved they were known only to my selfe , and very few more whom i acquainted with them , dr. healing for one which knew more of that which lay in the bottome of that design then any other , and with whom i had frequent conference about it . all these things i shall now unriddle & unfold , which done & rightly understood , then apello caesarem , apello ecclesiam , apello populum , apello omnes , i shall appeal to all the world whether that book or he that pen'd it , deserves that blame which some imagine , nay i shall rise so high in my vindication as not onely to free it from blame , but i challenge thanks for it from all england , especially the clergy which especially blame me for it , and if his majesty shall be pleas'd to take hold of some discoveries that there i make , and which here in this vindication i must necessarily hint at , i hope his majesty will think i do him no disservice in it neither . as to the first then of these heads , the very sum and substance of the book lies in these proposals , and those two concerning only churchmen & church livings all which at that time were in the hands and possession of the intruding clergy which had invaded and usurped upon the church as their patron had done upon the civill state. concerning them therefore i made these two proposals . . first , i did propose that all those that did possesse sequestred livings , and had peaceably enjoyed them two years or above might be required to pay their first-fruits , the tyrant having set forth a cruell proclamation , that we should never return to our livings more , nor exercise our ministeriall function elsewhere . . my second proposall was this , i did propose that they and all others which should hereafter be prefer'd to ecclesiasticall dignities or promotions might pay their first-fruits according to the statute of the of henry the eighth whereby it is required that they should pay them in according to the full value of such dignities , benefices , and promotions , and not as they stand partially rated in the king's book by an ancient inquiry made above years since which gives them not in to the , , nor scarce to the part of the true value throughout the land , this done , i did demonstrate what a great improvement this would make of the first-fruit office , for the first-fruits being thus improved the tenths likewise must improve proportionably , according to which the tenths would come to near as much as the first-fruits now come to , and the first-fruits to or times as much as they now are . this is the very sum and substance of that little peice for which i am blamed , all the rest is but as the mantling to the armes , or filling to the limbs , or comment upon the text shewing the aequity , legality , reasonableness , & seasonableness of such a proposall at that time . but there was much more lay at the bottom which was not obvious to every eye , neither was it my desire that he should know them , therefore in the next place i will shew what were my ends , aymes , and reaches in those proposals , and they were these . . the first was ( clear contrary to the apprehensions of those that charge me in this matter ) the very preservation of tythes , churches , colledges , all which were now in a tottering condition , dangerously shaken , undermined , and near unto ruine . for , . that grand impostor had propos'd in the house that they would consider of some way whereby a ministry might be maintained in england without paying of tithes . . most of the counties in england had petitioned against the payment of them . . the people did generally deny the payment of them , insomuch as one of the judges returning homeward from his circuit told me that in that circuit they had near causes came before them in the ease of non-payment of tithes . . cromwel's countrey-men , jones and vavasor powell had begun an experiment tending hereunto in wales , by gathering all the tithes & church-profit● into a common treasury , that is to say their own purses & their adhaerents , and instead of a standing clergy to set up an itinerant ministry . . that mushrum parliament called together by cromwel's writ , or letters , wherein rowse was the speaker had made a praevious act in order to this design , whereby they made the ministry useles throughout the land , for as for preaching they tolerated a liberty to preach who would , for the sacrament of baptisme , that there was no need of that till children were come to or years of age , and then they might make a minister among themselves to do that office , for the sacrament of the lords supper , that was in a manner clear banished out of the church , for marrying that was committed to the justices of peace , for burying let one pitt another , the dead bury the dead , not so much as the register book but it was taken out of our hands , and the parish was to chuse a register to keep it , so the ministry was made useles throughout the land , and what was this but a praevious act proceeding from anabaptisticall principles in order to that sacrilegious and wicked design of overthrowing the whole body of tythes , the churches ancient patrimony , and with it the ministry it selfe , ( for the perpetuity whereof they were first ordeyned ) together with the schooles of the prophets , the churches wherein god was worshipped , and all that was sacred , if i at such a time as this stept in to stay & to support the shaking pillars of them all , by intitleing those that were the actors in this tragedy to a considerable revenue out of them , that for the preservation of their own interest they might protect and uphold the whole bulke and body , out of which it did arise , forgive me this wrong , and who would think much in such a dangerous storm to throw out some of the wares & fraught to preserve the ship and lading , and there are now living many ( then parliament men ) to whom i had distributed some of those books which confess that my proposals therein were just and legall , aequall , reasonable & rationall , and that they did sway much with them in voting for the tythes , and yet for all this when it came to the vote , it was carried but by one voyce for the chruch , for the house was equally divided , and it stood meerly and only upon speaker lenthall's voyce whether tythes , or no tythes , and to his honour let me remember it in this great busines ( for other matters if he did amisse let him answer for himself ) he cast it for the church . now in this point of time when the church and church affaires , tythes , colledges , and all lay at stake , tottering as it were upon the point of a needle , if i came in , and east in but one grain , or scruple to cast it the right way , will my brethren of the church charge me & say i did them wrong , no i was their benefactor , i did them all good service , and i deserve thanks at their hands . this was my first aym and i carried it with successe . . my second end that i aimed at was this , wherein i cannot so well justify my self as in the former , because there was something of revenge in it , which ( though i were never so great a sufferer , and many more with me ) yet i should not have thought on , but this it was in a word , truly to punish the usurping and intruding clergy which by the power of their committie of plundered ministers above , and their country committies here below subservient to them , and the authority of one person more ( whom i will not name ) invaded our livings , cast all the orthodox clergy out of the churches , and put themselves into the possession of them from dan to beershebae throughout the land . upon which by the help of their army they entred with such cruelty that they seised upon all , goods in the house , corn on the ground , croppe in the barns , imprisoning the husbands , throwing out the wives & children into the streets without all mercy , not one in ten of them ever allowing them any fifths , or any other help out of them notwithstanding a colourable act made to that purpose . so then distingue tempora distinguish but the times , do but consider in whose possession the church was when i promoted that design , and made those proposals , and you will soon free me from any intention of evill to the orthodox church or church-men in whose behalf i writ it , but for these cruel , usurping & intruding harpeys , god forgive me my revengeful thoughts against them , i did not care what burthen i laid upon them . my third end in those proposals , was the ease of the country & commons of england in respect of their contributions , taxes & assessments , by taking off from them and laying a great part of their burthen upon those unto whom more properly it did belong , the church and church-men , whose warre this most properly was , and in whose quarrell it was begun , and this is exprest in terminis in that book , for which they so much blame me , but let them and all others look back to the beginning of these wars and troubles , the cause , the quarrell , the incendiaries and promoters of it , and will it not fall upon the turbulent discontented church-men , and where were the coals of it first kindled , was it not in the pulpit , the rigid presbiterian pulpit , witnes that text in judges the th . so frequently preached and printed on , and agreed on in sion colledge by a certain number of them there met together that it should be so . curse ye meroz , curse him bitterly , because he came not forth to help the lord , to help the lord , against the mighty , and although they did since that some of them salve the matter by declaring against the murther of the late king , and since that by declaring for his majesty that now is , yet these plaisters are to narrow to heal that head which before they had so sore broken , they have great cause to be humbled under the sence of those grievious things which have fallen out as the consequence of their desperate beginnings , though they intended them not , their doctrines , and practises were then pestilentiall , turbulent , & seditious , and from their spawn have risen since al those seditious sects of independents , anabaptists , quakers , &c. which now like locusts coming out of the bottomles pit cover the face of the earth , and have filled every corner of this land to the greivious corruption of the truth , and interuption of the peace both of the church and kingdome . if then they were the principall is the quarrell , the chiefest causers & beginners of the warr , and now had their desires in sharing the bishops and the chapters lands among them for augmentations , and in putting themselves into the possession of the best livings in the land , and the revenue of the church ; was it unreasonable that i should move that they should bear the greatest burthen of them for the ease of others that were not so much concerned in the quarrell , but would willingly be at peace in the land , this was my third end and ayme in those proposals . . in my fourth end & ayme in those proposals i had respect unto his majesty that now is , and then was our most gracious king and soveraign , and to the augmentation of his majesties revenue : for i did assure my selfe his majesty would return to his crown and kingdom with that honour which to our unspeakable joy our eyes have seen , i did perswade my self that he would not himself take the advantage of this discovery , but if it were done to his hand by another , then he might , either with honour and justice enough continue it ( as now the excile ) and so it would be a fair augmentation to his majesties revenue , or if not , that his majesty might restore it to the church again , and so gain unto himself the glory of his bounty , and engage all church-men throughout the land the faster and closer to him , from whose gift and bounty , they should receive so great a benefit : obj : oh but it will be objected , how shall we know you had any such intentions toward his majesty , and not rather toward the usurper then in power ? solv : if i do not demonstrate it , let me be severely censured & interpreted at the worst you can immagine . for which purpose , first it is notoriously known i did ever with great constancy and confidence from time to time assert the certainty of his majesties return , and the necessity of it , and our certain misery & bondage till it was so , that it would be done by parliament , not by tumult , that our distractions & miseries would be such that rather then it should not be so we should all beg on our knees that it might be so , & this not lately when things began to look this way , but , , , years agoe . to this i can call to witnes men of great account both friends and enemies to his majesties return , ear witnesses of it . in the first ranke let me mention the noble thomas stoner of stoner esquire in oxfordshire , at whose table i spake these words in the presence and hearing of some persons of honour , and others of lower ranke , one of which answered me at that instant , that he durst not hear what i said without accusing me , i call to witness the gentlemen of the ancient family of the warcupps of the mannour of english in the same county , and amongst them one robert warcup esq lievtenant collonel of the county under mr. james whitlock , but who was in effect coll : and much more , for he was the very right hand of the lord whitlock and of his unckle lenthall sirnamed the speaker , and a man of a vast power and authority in those parts , he knowes well i did alwayes confidently assure him of his majesties return , and that all their transactions would come under the examination of that power which now they did despise & oppose , & therefore that he should carry wisely & warily , with all aequity and moderation , as one that was sure to give an account , and he took my counsel . of the adverse part i 'le reckon but one , and that is one henry gooding a buffle-headed baker in henly upon thames , who from carrying the bakers basket was exalted to a justice-ship of the peace , as a man fit to be an instrument of mischief , and subservient to such a governour & government as we were under , who by abusing his trust & power , and by cozening the country , especially the kings friends , instead of bread fil'd his basket with money , and with it buying a mannour near hyworth in wiltshire , and having married his maid there lives now , & sits as securely as if he were as good a subject as any of us all . i mention none but such as are living , and of such i could mention many more which know and can testify , and will if called , that not only now at the last but ever since his majesties exile , i did constantly & confidently assert his return with honour and applause , the very desire and expectation of the body of his people , in which case it were strangely irrationall that i should disoblige his majesty by doing him any disservice either this or any other way : no in the mean time it was my ayme to serve him , and to settle pounds a year to his hand , augmentation to his majesties revenue , as due to him as any penny he doth receive upon any occasion whatsoever . and though i have not done it to his hand , yet i have given his majesty , or the parliament , or the great officers of his treasury and revenue light enough how to do it when they will , and for that purpose i wish my lord chauncellor with the master of the rolls would look over that act of the of henry the . cap : . repealed the of queen mary , revived again by queen elizabeth , wherein they shall find that they are required from time to time to send forh commissions and commissioners to make inquiry either by oath , or by any other wayes and means which they can in their discretion devise to find out the true value of all spiritual or ecclesiasticall dignities and promotions , that so the first-fruits and tenths may be paid in and received accordingly , that his majesty receive no dammage . and i would but ask , what is the meaning of that fourth and last bond which we give into the first-fruit-office , at our entrance upon our ecclesiasticall promotions , call'd the melius inquirendum , the condition whereof runs thus . the condition of this present obligation is such that if the rectory of a. in the county of b. shall be hereafter proved to be of more yearly value then l. as it now stands rated in the kings book , then if t. b. incumbent there shall within one month after certificate of due proof thereof had , and made , and given in unto him , ) answer his majesty accordingly , then this present obligation to be void and of none effect , or else to stand , and remain in full force and vertue . i remember that not many months since , a praebend in a cathedrall church put in to be a residentiary among the rest , it was answered him , he could not except he had at least l . a year in benificiis , he told them he had so , but it was replyed to him that l . a year then when that statute was made was now l . a year at least , & therefore he could not be admitted unles he had l a year at least , and so was set by : i leave ▪ the application of this , or the conclusion to be deduced from it ▪ for surely if this , plea be good in the case of a subject , it must needs be good much more in the behalf of the king on whose part all statutes are to be interpreted , in favorem & in meliorem partem . and now after all this i do not perswade nor advise his majesty to take the advantage of this discovery to himselfe , yet though he do not so , there is this advantage in it that his majesty shal know what is his due , and what he may doe when he will , and others shall know how much they are obliged unto his majesty for his indulgence in forbearing it which hitherto have received the benefit of it in silence without acknowledgement . but certainly it deserves acknowledgment , and although his majesty do not take it , as by law he may , yet if they should at this exigent offer it up to him as a free-will offering , as at first the church did to henry the . when that act was made , i think that therein they should but do his majesty right , and themselves no wrong . i am sure his majesty begun to them first , he hath given them a free-will offering , such a one as the church yet never saw , nor i hope never shall , ( i mean the cathedralls , ) in the renewing of leases taking of fines , gathering of arrears , all these of years growth now in this one years harvest to be reap't and gathered in , which brings in such incredible sums of money into some private and particular purses , that it is beyond beliefe to relate . but if the late parliament ( to whose prudence his majesty refer'd the consideration of these things , ) had so carried between his majesty and the church , as that all these arrears and fines upon renewing of leases , especially of the vacancies might have been gathered into a treasury , afterwards to have been disposed of , and distributed as his majesty with advice of the church-men in wisdom and justice should have thought fit , & the churches and church-dignities might have been filled as at other times , so as to take the profits ensuing , only remitting to the persons so preferred their first-fruits , it would have brought into that treasury above a million of mony , & the church-men put into such a condition as they would have been very wel satisfied with , and thankfull for . whereas now neither his majesty , nor community , nor the late suffering clergy banished out of those churches , ( most of them deceas't ) nor theirs , have any benefit out of them at all , but all is engrost into the hands of a few cathedrall-men , a bishop , a dean , and or cardinall praebendaries , which call themselves residentiaries , for as for the rest of the chapter though resident as well as they , and by their instistutions have stallum in choro locum , & vocem in capitulo , yet as to the dividends they are all set by as secluded members , in the church of yorke are praebends , & there are but of all these that share in the dividend of those vast revenues : and those residentiaries ( methinks very improperly so called , ) for of all other they are the greatest non-residents , for while they are residentiaries in those cathedralls where the harvest lies , there are few of them but have . . . or more other dignities or ecclesiasticall pomotions else-where which call for their residence & presence , and complain for the want of it . and if there were but an inquiry made into the several cathedralls in the land for pluralists , and non-residents , what strange smect ymniusses should we finde amongst them , men of as many names and titles as the beast in the revelations had heads , that we cannot tell how to write to them , nor of them , to give them their due stiles but with an &c. i read in the counsell of trent of a bishop there called quinque ecclesiensis , but amongst these you shall find many that surpasse him , by almost double the number , for instance do but look upon that chappell at windsor , for that is the style of it , the free chapp●ll of st. george , and there you shall see how windsor , and worcester , and glocester , and eaton-colledge , and the city and the country , deanaries , and praebends and parsonages , and viccaragies , and donatives , and all meet together in a little roome , and so in other places . let me give you an instance fresh in memorie , i knew a man to whom ( not many months since ) his majesty ( being made acquainted with his sufferings and services , ) had given the best praebend in the church of yorke , it past the signet and privy seal , the fees of both were paid , it was carried to the great seal , and money laid down there in pledge for the charge of it , yet after all this came a courtier , makes friends to his majesty for the same thing , and carries it for another that had but six dignities & ecclesiasticall promotions before : i confesse he was a worthy person , a great sufferer , and one that deserved a better dignity then that , and i believe might have had it as easily as he had that ( if his friend had laid out his interests for it ) and i wish he had . yet let me do his majesty this right too , although he had signed the warrant for it , yet when they brought their bill , his majesty remembred he had past it to another , and refused to sign it , a signall evidence of his incomparable goodness and justice , but the praegrantee understanding that they had prevailed with one of the greatest subjects in the kingdom to appear for them ( so far as to write his letter to secretary morrice to withdraw a caveat which was entred in the signet office to prevent competitors ) well knew it was no contesting in such a case , and so was content to sit down and let it pass : well let this go for a digression . in all this i would not be so interpreted as if i did utterly condemn all pluralities in persons rightly qualifyed for them , nor non-residence neither upon occasion , there may be necessity for it , but that which is to be dislik't in them both is , that they are so common and ordinary , privilegia sunt paucorum , priviledges belong but to few , and those the choicest of men , and as a very learned and judicious divine writ to me once in the resolution of a case of conscience which i offer'd him . we do in nothing more juggle with our owne consciences , then in allowing our selves too much liberty in things that are not absolutley unlawfull . it was the reverend dr. sanderson , now bishop of lincolne , in the resolution of this very case of non-residency , occasioned by an invitation from the right honourable nicholas lord viscount castleton , ( father to the noble lord george now living , ) to leave my parsonage in york-shire , and to come and live with his lordship in his house , which i did civilly excuse , my conscience not allowing my constant absence from my charge at that distance . and there is another thing that makes these pluralities so unreasonable , and that is the insatiablenes of greedy men in those accumulations , that heap up mountain upon mountain , pelion upon ossa dignity upon dignity without either end or measure as long as mony or meanes , or interest , or friends will last to procure them , when as ( god knowes ) there are many hundreds of learned , loyall , honest , orthodoxe , suffering , sequestred ministers unprovided for , unrestored to their livings , which to this day want bread for them and theirs . and so are like to doe , for what with that indulgent declaration of his majesty tollerating so many irregularities in church-ministrations , & so much abused , and what with that late act ( pretended to be made for the restoring of sequestred ministers , but intended doubtlesse by some of the contrivers of it for the clear contrary , to keep us out while we are out , and to confirm those in that are in the possession of them , there they are still , and there they will be , for first it puts us upon impossibilities in order to our restoring of getting five or more justices together , which i am sure i could not do with the expence of above twenty pound , and the riding , and s●nding too & fro of above three hudred miles , and yet at four meetings could never get above three justices together , which for want of a full quorum could not act , & then if we cannot overcome these difficulties , and that within a time limited , it seems to praeclude from us all other remedy of law or otherwise for our relief , as in the eleventh page of it , and what a strange toleration is this that being in possession , there they shall be , and keep it though without institution , and orderly induction , by this meanes the church is to this day full of those notorious , seditious , schismaticall and violent intruders , which began all these troubles at the first , and cast the orthodoxe clergy out , and now they stand upon better termes then ever they did , neither is there yet any one bishop in the kingdome that hath visited his diocesse to take cognisance of these things , either by himselfe or by his commissioners , nor when they do , do i see what power they have yet to purge the church of them , or to restrain them : this not onely is a greivous oppression ( for the present ) to the suffering and sequestred ministers , the most of them very aged men , grown old in suffering , and a great advantage to those factious and seditious usurpers to confirm the people in those seditious and haereticall principles which before they had infused into them , but there is a greater mischief then this , the consequent of it , and that is this : that whereas his majesty hath graciously promised that there shall be a synod called , these heterodoxe men ( with which the church is now filled ) shall be able to over-vote the orthodoxe clergy three to one in the choice of our representatives . the cure of all these things with the prevention of greater evills ( which these things ( if not cured ) may introduce , ) we must leave to the wisedome and justice of the parliament at hand , and of the higher powers , it was enough for me to hint at them , and that i have done impartially , yet without any malignity to either party , praelaticall or presbiterian , though an enemy to the abuses in both , yet my selfe a friend to both , who will ever style my selfe an obedient sonne of the church , and an episcopal-presbiterian : tho : bradley . finis . whereas by a clause contained in the act, intituled, an act for the explaining of some doubts arising upon an act, intituled, an act for the better execution of his majesties gracious declaration for the settlement of his kingdome of ireland ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas by a clause contained in the act, intituled, an act for the explaining of some doubts arising upon an act, intituled, an act for the better execution of his majesties gracious declaration for the settlement of his kingdome of ireland ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) essex, arthur capel, earl of, - . [ ] leaves. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. imprint from colophon. "given at the council chamber in dublin the xxxth. day of june, one thousand six hundred seventy six"--leaf [ ] broadside in [ ] leaves. reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense diev · et · mon · droit royal blazon or coat of arms by the lord lieutenant and council . essex . whereas by a clause contained in the act , intituled , an act for the explaining of some doubts arising upon an act , intituled , an act for the better execution of his majesties gracious declaration for the settlement of his kingdome of ireland , and satisfaction of the several interests of adventurers , souldiers , and other his subjects there , and for making some alterations of , and additions unto the said act , for the more speedy and effectual settlement of the said kingdom . it was enacted , that it should and might be lawful to and for the lord lieutenant , and other chief governor or governors , and council of ireland for the time being , to assess and impose upon all and every the lands , tenements and hereditaments , which by virtue of the said act should be restored or confirmed to any former proprietors of the popish religion , or granted to any the roman catholicks of ireland , such sums of mony as they should think fit , for the raising & leavying of thirty thousand pounds sterl . in the most equal and indifferent way that might be , in lieu and recompence for the mony commonly called lapsed mony , which is thereby discharged . and whereas in pursuance of the said act , his majestie by his royal letters , bearing date the first day of feberuary . did require and authorize us the lord lieutenant , or other chief governor or governors of this kingdome , and council , to give order for the assessing , raising and leavying of the said sum of thirty thousand pounds , to be paid by such installments as should be adjudged most convenient . and whereas the late lords iustices and council in pursuance of the said act , and his majesties said letters by their act in council , bearing date the seventh day of april . did assess and impose upon the several lands , tenements and hereditaments in a particular thereunto annexed , contained , that have been by virtue of the said act restored or confirmed to any former proprietors of the popish religion , or granted to any the roman catholicks of this kingdom , the several and respective sums of mony in the said particular set down ; towards raising of the aforesaid summe of thirtie thousand pounds , the same to be paid by the said proprietors and roman catholicks , their heirs and asignes respectively , or to the receiver by the said act appointed for that purpose , or their deputy or deputies , in such manner as by the said act of council doth appear . and whereas the said assessment doth now remain in the hands of the clerk of the council of this kingdom , and is ordered to be returned into his majesties court of exchequer , there to remain as a charge upon the several lands , tenements and hereditaments therein mentioned , to the intent that process may issue there upon for such sums of mony as shall not be paid at the dayes and times therein mentioned , which may prove inconvenient to several of his majesties subjects , in case timely notice be not given thereof , to the several persons whose lands are charged with the said payments , we have thought fit , therefore hereby to give this publique notice to all persons therein concerned , that the aforesaid summe of thirty thousand pounds is to be leavied and raised , according to such rates and proportions as in the said act of council , and particular thereunto annexed , are mentioned and contained , and to be paid by the said former proprietors and roman catholicks , their heirs and assigns respectively , unto john bence esq the surviving receiver by the said act appointed , or his deputy , by four equal portions ; the first payment thereof to be at or upon the th day of september , in this present year one thousand six hundred seventy six ; the second payment thereof , to be at or upon the th , day of march , which shall be in the year one thousand six hundred s●venty seven , the third payment thereof to be at or upon the th day of september , which shall be in the year one thousand six hundred seventy seven ; and the last payment thereof to be at or upon the th day of march , which shall be in the year one thousand six hundred seventy eight , whereof all persons concerned are to take notice . given at the council chamber in dublin the xxxth . day of iune , one thousand six hundred seventy six . art : granard . hen : midensis . r. coote . j : povey . r : booth , jo : bysse . j : temple . wm : gore . ol : st. george . john cole . hans : hamilton . tho : ratcliffe . 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 . . a proclamation for collecting and in-bringing the pole-money, appointed to be payed at martinmass, . by an act of the last session of parliament. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for collecting and in-bringing the pole-money, appointed to be payed at martinmass, . by an act of the last session of parliament. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to his most excellent majesty, edinburgh : anno dom. . caption title. royal arms at head of text; initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh, the twenty seventh day of july, and of our reign the seventh year, . signed: gilb. eliot, cls. si. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation for collecting and in-bringing the pole-money , appointed to be payed at martinmass , . by an act of the last session of parliament . william by the grace of god , king of great-britain , france and ireland , defender of the faith : to macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally constitute , greeting : forasmuch as , we have thought good , that the pole-money imposed by an act of the last session of our current parliament , shall be uplifted ●nd in-gathered by way of collection . therefore we , with advice of our privy council , and conform to the reference made to them by the said act , have ordained , and hereby ordains , that the foresaid pole-money be uplisted , collected and brought in at the sight , and by the direction of the commissioners for supply , throughout the whole shires of the kingdom , in manner following , viz. that the saids commissioners , or their quorum , appointed by the forsaid act of parliament , to meet and subdivide themselves for taking up rolls and lists of all the poleable persons within their respective bounds , the days , and in the manner mentioned in the said act , do at the saids days sub-divide themselves , appointing two , either of their own number , or of the heretors of every paroch , for each paroch , with power to the saids sub-commissioners at their meeting in the saids paroches , for taking up lists and rolls as said is to choose and nominat a fit and responsal person to be both clerk and collector of the pole of that paroch ; as also to call the elders or deacons , or other fit persons within the paroch , and cause them give up upon oath , to the best of their knowledge , the names of all the persons within the paroch , and to cause every house-keeper give up the number , names , and quality of all within house , which names , with the qualities and degrees of the persons , and the condition of their estate , as they stand poleable by the said act of parliament , are to be set down by the said clerk in a list or roll , at the sight of the saids two sub-commissioners for that end , and the same with the sum that the whole pole amounts to , is to be subscribed by the saids commissioners ( who are hereby fully impowered to controll the same , and to determine all questions arising thereon ) and their clerk , and then to be given in to the collector of the supply within the shire , who is to registrat the same in a book to be kept by him for that effect , and extracts of the roll of every paroch are to be subscribed , and given out by the collector of the shire to the sub-collectors of the paroch , for uplisting and in-gathering of the sums therein contained ; and the list and rolls of all the paroches within the shire being brought in , and booked and recorded as said is the books shall be subscribed by the commissioners of the shire , or their quorum , and an authentick double thereof under the commissioners and their collectors hands , sent in to the lords of the thesaury , betwixt and the day appointed by the said act of parliament : and the foresaid sub-collector of the said paroches getting subscribed extracts of the rolls , as said is , are to uplist the pole-money from the persons lyable therein , conform to the saids extract the time , and in the manner prescribed by the said act of parliament ; and for the discharge of the persons making payment , the sub-collectors are to have another roll or book , bearing this title , book or roll of the poleable persons within such a paroch , who have made payment of their respective poles , set down , with their names in manner subjoyned . which title being signed by the saids two sub-commissioners , and the persons making payment getting their names and sums set down in the said roll or book by the sub-collector of the paroch , shall be to them a sufficient acquittance , without the necessity of any discharge apart , in case the party shall not require a discharge : and this book or roll containing the names and proportions of the deficients after the number of thirty days allowed to the persons lyable to come in and make payment , shall be given in , with the money collected in every paroch , to the colletor for supply of the shire , who is immediatly , to give to the sub-collectors an extract of the said roll of payments for the paroch , with his discharge at the foot thereof , registrat in the books of the commissioners of supply , and an extract of the same is to be returned and kept in the kirk session records of the paroch : and the collector for the shire is further to insert the said rolls , after first being compared by two of the commissioners with the former rolls , in another book , to be kept by the saids collectors , and subscribed by the commissioners of the shire , or their quorum , as the register of payments , of which second book or register an authentick double subscribed as above , is also to be sent in to the lords of our thesaury , within fifteen days after the expiring of the said thirty days , and within the same space the foresaid collectors of supply for the shires , are hereby ordained to make payment to the receiver-general of the total received by them for the paroches of every shire , for which they are to have the general receivers discharge so the shire relative to the foresaid book and register of payments brought in to the thesaury , as said is , and which discharge is to be registrat in the books of exchequer , and an extract thereof given to the collector of the shire , to be carried back and kept in the records of the shire , and the foresaid clerks and sub-collectors of the paroches , for their whole pains in the premisses , are to have an allowance from the commissioners of the shire out of their collection , not exceeding two per cent of the money by them collected , and are hereby also declared to be punishable and fyneable for their neglect or fraud in the saids trufts by the commissioners of the shires , as they shall see cause . likeas , the said collector of supply for the shire , is for all his pains in the hail permisses , to have an allowance from the commissioners of the shire , not exceeding two per cent. of the money to be payed in to him by the sub-collectors & the said collectors of supply , is likewise hereby declared to be punishable and fynable by the commissioners of the shire , for their neglect and fraud , as they shall see cause : and the foresaid commissioners of the shires are hereby commanded to attend and do their duty in the premisses , in manner prescribed by the said act of parliament for pole-money , & by this proclamation under the pain each of them of ten pounds scots toties quoties , to be given to the commissioners that do meet ; and the clerks of supply for the several shires , are hereby ordained to send in lists to the clerks of our privy council , of the commissioners that do not meet , or keep the meetings , either for the paroches , or for the whole shire , within the space of fifteen days after the elapsing of their respective dyets , to the effect letters may be direct against the saids commissioners , failzieing to meet , for payment of their saids fines . and further , the said commissioners , in case of their other neglects and failzieurs in the premisses : as also , the said collectors of shires failzleing in their parts , are hereby declared punishable by our council , as they shall see cause : and what is hereby appointed as to commissioners of shires within their bounds foresaid , is also appointed and enjoyned to magistrats within burgh , and their sub-collectors , and under the same pains in all points , with this express provision , that the sub-collectors for burghs give in their whole lists to the collector of supply of the shire whereof they are apart , to be by them registrat : and to the effect the commissioners of the shire may inspect and see how the same are made and managed . and lastly , it is declared , that the foresaid sub-collectors and collectors shall have power to exact the doubles and quadruples , in case of failzie , either by omitting , wrong up-giving , not payment , or otherwise , conform to the said act of parliament , in which doubles and quadruples in the cases forsaids , the foresaid sub-commissioners for paroches , and commissioners for shires , are hereby impowered to decern the persons failzieing , and to direct execution against them in all points , conform to the act of parliament . our will is herefore , and we charge you strictly , and command that incontinent , these our letters seen , ye pass to the mercat-cross of edinburgh , and to the mercat-crosses of the remanent head burghs of the several shires and stewartries within this our ancient kingdom , and there by open proclamation , make intimation hereof , that none may pretend ignorance . and ordains these presents to be printed . given under our signet at edinburgh , the twenty seventh day of july , and of our reign the seventh year , . per actum dominorum secreti concilii . gilb . eliot , cls. sti. concilii . god save the king . edinburgh , printed by the heirs and successors of andrew anderson , printer to the his most excellent majesty anno dom , . whereas a printed paper was lately put forth in the names of some of the trustees for ministers maintenance wherein amongst other things they take upon them without warrant to discharge all incumbents from whom any first-fruits are due, from paying the same unto mr. thomas baker at the first-fruits office in the strand in the county of middlesex, ... baker, thomas, of the first-fruits office. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) whereas a printed paper was lately put forth in the names of some of the trustees for ministers maintenance wherein amongst other things they take upon them without warrant to discharge all incumbents from whom any first-fruits are due, from paying the same unto mr. thomas baker at the first-fruits office in the strand in the county of middlesex, ... baker, thomas, of the first-fruits office. sheet ([ ] p.) s.n., [london : ] title from opening lines of text. imprint from wing. dated and signed at end: dated at the first-fruits office aforesaid, the eighteenth day of november . thomas baker. annotation on thomason copy: "a pay from ye first-fruits office [illegible] paying ye first fruits". reproduction of the original in the british library. eng taxation -- england -- middlesex -- early works to . middlesex (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no whereas a printed paper was lately put forth in the names of some of the trustees for ministers maintenance, wherein amongst other things th baker, thomas, of the first-fruits office. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion whereas a printed paper was lately put forth in the names of some of the trustees for ministers maintenance , wherein amongst other things they take upon them without warrant to discharge all incumbents from whom any first-fruits are due , from paying the same unto mr. thomas baker at the first-fruits office in the strand in the county of middlesex , these are to give notice to all persons concernd , that they are notwithstanding to apply themselves to the accustomed place and persons , for dispatch of all businesses which have or do belong to the said office , it being an office established by several acts of parliament never yet repealed nor altered by the present or any former government , and that they pay their monies there , where their securities remain , which shall be delivered up to them upon payment of the same , and without which they can no way be legally discharged or secured by any other persons upon any pretence whatsoever , nor free themselves from the process of the court of exchequer , which in discharge of the officers duty must be issued , to bring all persons concerned to conformity in payment of the states revenew . dated at the first-fruits office aforesaid , the eighteenth day of november . thomas baker . proclamation for paying in the pole-money. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation for paying in the pole-money. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to his most excellent majesty, edinburgh : anno dom. . caption title. royal arms in decorative border at head of text; initial letter. intentional blank spaces in text. dated: given under our signet at edinburgh the thirteenth day of august, and of our reign the eight year. . signed: da. moncrieff. cls. sti. concilii. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion proclamation for paying in the pole-money . royal blazon or coat of arms william by the grace of god , king of great-britain , france and ireland , defender of the faith , to macers of our privy council , messengers at arms , our sheriffs in that part conjunctly and severally , specially constitute greeting , for as much as , the pole-money granted to us by the act of parliament one thousand six hundred ninety five , doeth still for the greater part remain unpayed , not with standing of all the diligence that hath hitherto been used for uplifting and inbringing of the same , and it being unjust and unreasonable that these equally bound , and who have not payed , should not pay as others have done ; and because the term of martinmass next is appointed by the said act of parliament to be the last term for production of discharges . therefore , we with advice and consent of the lords of our privy council , in prosecution of the said act of parliament , for the better ingathering of what remains of the said pole , and to take off all pretence of exemption from such as have hitherto failȝied to make due payment after the said term of martinmass next shall be come and by-past , do hereby command , and charge all that have not already made payment of the pole-money due by them respective , to make payment of the same to the collectors of their respective paroches or shires , or others to be appointed for that effect betwixt & the fifteenth day of october next to come : like as , for their better encouragement , we have thought fit to discharge , and do hereby discharge all such as shall make payment of the pole betwixt and the foresaid day , of the doubles and quadruples already by them incurred , and still resting unpayed , certifying them withall , that if after so much for bearance on our part , and contumacy on their part ; they shall of new , failȝie to make payment betwixt and the foresaid day , they shall incurr the foresaid doubles and quadruples in manner set down in the act of parliament , sicklike , as if the foresaid day had been the precise day of payment fixed by the said act , which doubles and quadruples shall , in case of failȝie foresaid be exacted with all rigour . and in regard , the foresaid clause in the act of parliament declaring none to be holden to produce their discharges of receipts of the said pole , after the said term of martinmass was manifestly provided in favours , and for relief of such as should make due payment , but no ways to exempt any who contemning the diligence used against them , should failȝie in payment as said is : therefore , it is farther hereby declared , that who-soever 〈◊〉 lyable to pay their pole , shall not make due payment thereof betwixt and the foresaid day hereby appointed shall be reckoned as a contemner of diligence , and still under the course thereof , and lyable to the same , not with standing of any pretence that may be made upon the foresaid clause of the act of parliament wherein such failȝiers are no ways concerned , but prejudice always to all who have already made due payment , and who shall instruct the same , either by receipts , or the collectors books , or oaths ; of the benesite of the foresaid clause , and their perpetual liberation . our will is herefore , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat-cross of edinburgh , and to the mercat-crosses of the remanent head-burghs of the several shires and stewartries within this kingdom ; and there in our name and authority make publication hereof that none may pretend ignorance ; and we ordain our solicitor so dispatch coppies hereof , to the sheriffs of the several shires and stewarts of stewartries , and their deputs or clerks , to be by them published at the mercat-crosses of the head-burghs upon receipt thereof , and immediately transmitted by them to the several paroch-churches within the respective shires and stewartries foresaids , to be published at the saids churches . and ordains these presents to be printed and published . given under our signet at edinburgh the thirteenth day of august , and of our reign the eight year . . per actum dominorium secreti concilii . d a. moncrieff . cls. sti. concilli . god save the king. edinburgh , printed by the heirs and successors of andrew anderson , printer to his most excellent majesty , anno dom , . die veneris . august. . an ordinance of the lords and commons assembled in parliament for the continuance of the monethly assessement for the maintenance of the scottish army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die veneris . august. . an ordinance of the lords and commons assembled in parliament for the continuance of the monethly assessement for the maintenance of the scottish army. england and wales. parliament. sheet ([ ] p.) printed for iohn wright at the kings head in the old-bayley, london : august . in this edition there is no comma after "parliament" in line of title and the first letter of the publisher's name in imprint is an "i" in place of a swash "j". order to print signed: ioh. brown cler. parliamentorum. reproduction of the original in the british library. eng scotland. -- army -- early works to . taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no die veneris . august. . an ordinance of the lords and commons assembled in parliament for the continuance of the monethly assessement england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris . august . . an ordinance of the lords and commons assembled in parliament for the continuance of the monethly assessement for the maintenance of the scottish army . whereas by an ordinance of parliament bearing date the of febr. . intituled , an ordinance of the lords and commons assembled in parliament , for the raising and leavying of the monethly sum of . l. towards the maintenance of the scottish army , under the command of the earl of leven , by a monethly assessement upon the severall counties , cities , and townes of the kingdome of england ▪ therein mentioned : it is ordained , that there shall be severall sums of money taxed , leavyed , and paid towards the maintenance of the said army upon the several counties , cities and towns therein mentioned , by a monethly assessement , to continue for foure moneths , beginning the first of march and since expired . be it ordained , and it is now ordained by the lords and commons assembled in parliament , that the said ordinance , and every clause therein contained , the severall taxes and payments therein expressed , and the power and authority thereby given and appointed to all and every the committees and persons or any of them named or mentioned in the said ordinance , shall be in force and continue for the space of foure moneths longer , to begin from the first of iuly , . to all intents and purposes ▪ as if the said ordinance had bin at first made to have continuance for eight moneths , from the first day of march . ordered by the lords and commons assembled in parliament , that this ordinance be forthwith printed and published . ioh. brown cler. perliamentorum . london , printed for iohn wright at the kings head in the old-bayley , august . an ansvver to the sope-makers complaint wherein is clearly demonstrated their scandalous aspersions, and the falacies of their atguments [sic] proved before the honourable committee for regulating the excise, octob. . . as also the proceedings of the proposers and their severall proposals: wherein is found nothing prejudiciall to the common-wealth; no excise further being further added, no man restrained, no man oppressed, but that every man may make what he can, so he pay his due. in which, such care shall be taken, as may tend to the benefit of the common-wealth, and the reputation and profit of the trade of the sope-maker of london. by him that is a lover of honesty, and a well-willer to that trade. walker, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ansvver to the sope-makers complaint wherein is clearly demonstrated their scandalous aspersions, and the falacies of their atguments [sic] proved before the honourable committee for regulating the excise, octob. . . as also the proceedings of the proposers and their severall proposals: wherein is found nothing prejudiciall to the common-wealth; no excise further being further added, no man restrained, no man oppressed, but that every man may make what he can, so he pay his due. in which, such care shall be taken, as may tend to the benefit of the common-wealth, and the reputation and profit of the trade of the sope-maker of london. by him that is a lover of honesty, and a well-willer to that trade. walker, john, - . p. printed for george thomson in chancery lane, london : . signed on p. by john walker; presumedly = him that is a lover of honesty, and a well-willer to that trade. caption title on p. : propositions made to the grand commissioners of the excise anno dom. . ..; caption title on p. : eight queries, presented to the honourable committee for regulating the excise, october . . .. by john walker. possibly in answer to: to the supreme authority the parliament of the common-wealth of england; some considerations about the excise of s. d. per barrell upon sope, humbly offered by the sope-makers of london, who lately presented their petition to your honors. reproduction of the original in the british library. eng soap trade -- england -- early works to . taxation -- early works to . a r (wing w b). civilwar no an ansvver to the sope-makers complaint, wherein is clearly demonstrated their scandalous aspersions, and the falacies of their atguments [s walker, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the preciousness of christ to the believing-christian . plainly and briefly set forth for the edification and consolation of believers in , and lovers of the lord jesus christ . in a sermon on pet. . . by william walker , b. d. london , printed by anne maxwel , for joseph clark , . an answer to the sope-makers complaint , &c , this morning i being abroad about my affaires , i met with a scandalous pamphlet , entituled as before ; and finding therein severall things reflecting upon the honor of the parliament , & the committee for regulating the excise , as also some aspersions and untruths , cast upon particular men ; i shewed it to some eminent persons , more honorable in place , and able in judgment , than any subscriber , who quickly perceived by the language , who was the author , and desired me to give an answer to what was materiall . and now to his first objection against me , wherein he declares , it is an easie matter to raise money by way of excise , but the difficulty is to doe it justly . to which i reply , if it be just in the parliament of england which is the supreme authority of this common-wealth , to impose a legall tax by way of subsidy , fifteens , custome and excise , or otherwise , ( which is undeniable , except you will argue against principles ) whether those men the parliament shall imploy duely and without partiality , to collect and gather that imposition so put , without breach , or altering any of their ordinances or acts in that kind provided ; whether in justice , these men are guilty of the oppression and ruine of those people , upon whom it is imposed , for their due execution of that act , i leave to the impartiall reader to judge . but here is anguis in herba , he first would lop the branches , and then pedi tente root and branch , first take away the collectors , then the assessors . he saith next , which they never look after or speake of , it being their maxiome or principle , so they get mony they care not how . it is my maxiome and principle , which i have ever observed , not to question the power of parliament , that belongs not to me , but allwaies to submit to that power which so well protects me from such turbulent spirits . next he saith , it 's true the king made the sope-makers pay above livre. a year . i say it 's false , the king made them not , for they bought the patent of the former patentees , the white sopemakers , and for it gave l. that they might become immediate farmers to the king . next he saith , and there is no doubt , but the same principle he went upon , such men as the proposers are . to which i reply , t is true he went upon the same principle of such men as you the objectors are , which were propriis personis , reall actors in that businesse . and next with him i joyne , that i hope our eyes shall never see that destruction and ruine of the parliament , as we have upon the king , &c. and further i hope god will defend them from the calumnious pens , and tongues of such men , as not many moneths agoe would have rendered them odious to the people , and at that time have subjugated them ( if possible those designs had come to passe ) to the insolent power of a confused multitude , but god blasted their wicked and shirking ways , for all which their wicked practices , we need no other prospective glasse , then their own books , which had they been owned , the author had ere this received his most just demerit . and for our proposals , stile them what you will , your tongue nor pen is no slander , but this i may say for them , that they received a fairer character then your large paper , and more reality and truth appeared in them as by the honorable committee did appear , when severall heads of your long speech ( to be modest with you ) did not appear truth . example , you did declare , that the excise of the materialls had for the time past , did for the present , and would for the future , advance more to the benefit of the common-wealth , then the manufactory , this being the main pillar upon which you had builded your long work , or basis , hapned to be rotten , and by the committee proved to your face contrary , for the fore-past time , & such like solid reasons given , that it was likely to be less for the future , as ( put you altogether ) you can never give a true answer to the contrary , and this was but by inconsiderable summe , a matter of l . these acts speak you what you are , i passe on to enquire , how the due execution of a legall power of . years establishment , should all of a sudden put the people to shake off their governors and government , and truly this i cannot finde , except it be by such as have your spirit , which are never contented with any thing , witnesse your many changings from one party to another , in both parliament and army . and how any of our proposals , look with a species to set the prince upon his fathers throne , i know not . but here you appear like your selfe , a firebrand in the commonwealth , if you be the man ( to conclude in your phrase ) whose name i have seen subscribed to many a scurrillous pamphlet ; and so much for your first proposition . and as for your second , wherein you desire to know , how the worke must be done , if it be not in the road the king troad in ? alas good man , you must be better practised in in your trade , your partners may do well to instruct you , you are an ingenious pupill , and would learne quickly ; certainely the way is honest , or else you had knowne it ; some of your partners knew the kings pathes to a haire , and have walked therein yeare after yeare ; and if a man would follow a president to do evill , and answer your own words , to destroy houses and goods , and to ruine the poore , he must tread in those steps your brethren have done , which how dangerous and clamorous that hath been , i leave to be determined by those that in a short time will take it into consideration , which are much wiser , and are in greater power then you or i. then next you admit that a toleration be given to all in city and countrey to make soap ; it is impossible for those that have fixed houses to pay excise exactly and not break , as the proposers have done , say you . to which i answer ; leave shall be given to all in city and countrey to make soap , no restraint from any , no not from so very a — as your worship , but make till you break , which would not have been very long , if those you most calumniously have abused , had not proved your best friends ; and therefore hereafter pray for my lord generall cromwell . and for the fixed houses in london , i know no reason why their owners should not joyn with me which really endeavour the restauration of the trade to london , by a due and exact execution of the acts of parliament , without either addition of excise , or further penalty then is already prescribed ; so that every one may pay exactly and not break no more then i : which i do abhorre from your calumnious pen , and dares to tell it to you , that you unjustly slander me , as hereafter may to your cost appear ; but you have abused far better men then my self , god forgive you for both , and for the future i resolve to follow the example of that honourable person forenamed , to reward you good for your evil , if it ever be in my power . but now to your hundred of pans so lately set up , though i beleeve not one half , yet some more may be then i imagine , because divers of your most eminent subscribers have of late set up just such as you speak of , and i do verily beleeve to the same purpose , that they might pay the lesse excise ; but for any power to break open dores , or oppresse the poor , i declare it to all the world , i had rather suffer then do injury to another , neither was it ever my practice , or ever shall be to run any desperate course , or cause others so to doe in these troublesome times , ( to answer your words verbatim ) which may prove of dangerous consequence to the state , for so i might come like you to render my self capable of a hanging . but to proceed ; next you are informed that the proposers are soap-makers , ( i grant it ) and yet upon this bare report your slanderous pen dares render them broke , and presently following , you say not worth two groats ; i do beleeve you , and your partners could wish it so , but god forgive you , i shall not much trouble my pen to vindicate my self in a thing so well known to the contrary , yet let me tell you if such desperate affirmations upon so false informations , and such rash censures be the levellers tenents , into their congregation let not my soul come ; and yet as if you would fill full the measure of your abominations , dares without knowledge of the parties passe your censure of gods judgements upon them ; but if all were true you had spoke of us , i would say with the prophet micah , rejoyce not against me , o my enemy , for though i fall , i shall rise again . next you affirm your confidence is , we will not stand to it , nor can give security for our performance of it . to both which i say thus ; in that we would not stand to it , your eyes and ears were sorrowfull witnesses that your confidence has deceived you , and that to your face before a judicious and honourable committee ; and for our security , i can if there were any necessity for it , bring more honest , lesse turbulent , more able , lesse insolent men then your self , to be responsible security for the true performance of what we propose , and so much for your second . now for the third , which you say to your understanding runs thus ; indeed i imagine your wits are but weak , and sometimes may run a wooll-gathering , but i hope we shall not walk in any crooked & rigorous ways , for that would not agree with my motto , which is to walk in the light purely and surely ; and so thereby shall be able to give a better answer to the state , then all your following lines but the last , sets forth ; not one of which is worth the answering : but in a word , we will double the excise with lesse charge then formerly , yea , or the breach or altering any ordinance or act of parliament in that kind provided , no nor offer injury in the least to any man , if the state shall think us worthy the employment ; and i am confident nothing troubles neither you or your partners more , then the fear of the employment of able men in that businesse ; for set a thief to catch a thief , is sometimes state-policy . sir , and for the information you give of the bobber at bow , i am not sensible that of late you have don the state any greater service : but catch him napping , and take half for your pains ; then i undeniably conclude with you , as you of us , that neither you nor we , will or can work for nothing . and one thing let me tell you by the way , i believe you have not got much by bobbing . well , but here i must resolve a riddle , as it seems to mee , you tell them of our great houses , and a great trade , and that we may prove the great ones we talk of to devour the little one ; what a great trade , and great house , and yet not worth two groats ? here 's a mystery to me , and broke too ; well i passe it by for present , but if i knew but at this day what you were worth , which for any thing i know may not be much ( and there is some hazard too , as it may happen in the keeping of it ) i could give a neer guess ( if you continue your bobbing trade ) how long it would be ere you broke , for i know some that joyn with you in subscribing , that outwit you there , and being alwaies ready to helpe on another at a dead lift , will rather then faile , give you a heave too . i advise you beware and remember this , when any one of them buyes a good bargain , and lets you have part , let me know it , and i 'le acknowledge my error . well , next you tell the parliament of their great streights , and the cause of the excise , they know all this as well as you , and i beleeve would not have continued it thus long , had not urgent necessities of the commonwealth required it , and all this evill is caused by turbulent spirits ( god keep you quiet ) and therefore seeing the case so stands , make a vertue of necessity , and pay this the parliaments legall imposition duely and truly , and as your petition hath it freely and willingly , all which your carriage in this businesse declares you doe ? but how , i leave the world to judge . indeed your words and deeds seldome agree ; submit then to the present power , and threaten not the parliament , 〈◊〉 committee , as may be easily gathered in your . last lines , where you pretend to seek ease and redresse , but meet with honest proposals , which if they countenance , what you will doe god knowes , but a world of clamors followes , i doe therefore in love to your person advise you to submit to a legall power , and forbear to lay platforms and ground-works to ill-minded people , which may doe more hurt than ever you did good , and so much for your d. and th . proposition or interjection be it what you please . now followes wonders , for in your last line , i find most honorable and worthy senators : here 's a title indeed , good god keep you in this mind , i fear 't is too good to hold ; it is not long since you rendered them in other words , but keepe you there , and you hear no more of me , i will ee'n leave you while you are in good mind to your reasons , and proposalls so reall and certainly gaining to the nation , ( this is new with you too ) which i beleeve hath not appeared so to the honorable committee for regulating the excise by their answer to your papers and my words ( which follow now in writing ) for i finde not their answer in all your book , therefore i will insert it modestly in mine , to whom , by their wisdome and solide judgment it more properly belongs , and for ever bid you adieu having spent . whole hours upon your paper this th . octob. . halfe an hour past . and rest your wel-wishing friend , john walker . propositions made to the grand commissioners of the excise anno dom. . annoque secumdo libertat . angliae . that till the totall , of so much be advanced , as was the last yeare , we the undertakers will expect no sallarie . . that to make that double which we will engage to doe , we shall only expect . s. per pound , and that not out of that bare summe , but out of the overplus which shall be produced above the double . . that whatsoever we bring in to the state or commissioners above the double of the last years produce , we for our extraordinary pains and industry in it , may have a fourth part . . that there be a reasonable allowance for under officers as the commissioners shall thinke fit . whereby these ensuing benefits will inevitably follow , viz. . to the state a far larger advance of the excise than formerly . . to the trade , the great ones shall not be , so much as formerly , enabled to destroy the inferior sort . . that upon no man whatsoever there shall be any oppression or injury to him , but a commutative justice shall flow equally to all , according to the true intent and meaning of all former ordinances and acts of parliament in that kind provided . . that nothing shall be altered in the former constitution by ordinance and acts of parliament , these inconveniences will certainly fall upon the altering of the excise from soap to the materials . . though it may appear to this honourable committee , that whereas there is great quantities of all sorts of oyle brought into this common-wealth , the excise whereof may amount to a considerable sum of money , in sweet , whale , holland , train , newland and pitchard oyles , a great part of all which , are used for other commodities , then soap , as lamps , curriors , wool-combers , stuffe-weavers and clothiers , upon all or any of which , if you put a greater excise , you ruine the poor , and undoe the trades . . tallow is used for severall uses then soap , as curriours , chandlers , and shipping , in all which there will be far greater difficulties in gathering the excise , then as it now stands . . and for pot-ashes , if you shall put any additional impost upon them , it will much dis-encourage the merchants , prejudice both custome , and excise , increase the poor , decay sea-men , and shipping , and cause great quantities of ashes to be made here at home , which in fine , you will finde much prejudiciall to this common-wealth ; for in making much , they make bad ; and when none was made here , or but few , it rendred this kingdome as then , in a better condition then now , when so great quantities are made . for a further and more satisfactorie answeri , i humbly offer to this honourable committee these eight queries following . eight queries , presented to the honourable committee for regulating the excise , october . , in answer the sope-makers petition . by john walker . that it may please your honors to observe , whether in all their long paper , containing to sheets close writ , in answer to our few lines , if they have propounded any thing for the advance of the state , and whether there appear not a greater measure of selfe interest in their proposals , than in ours ? . that your honors seriously consider ; whether their proposals or ours , tend most to the prejudice of the common wealth ? . whether the altering of the excise , from the manufactory of sope , unto the materialls ; or continuing of it statu quo , will most advantage the common wealth , in point of trade , custome , and excise ? . whether they , or we , appear to have put greater oppression upon the peopl of this common-wealth , they in giving to the late king s . d . per barrel , or we which endevour only the due execution of a legal imposition of s . d . per barrell , to preserve a common wealth , according to the true intent and meaning of severall ordinances , and acts of parliament in that kinde provided , to the intent no man should be restrained , no man oppressed , but every maker to pay his proportion , rato pro rato ? . how these men intend the advance of the excise , which have already bought up the gratest part of the ashes in town , upon the bare supposall of altering it , whereby they might both defraud the state of their due and be able to undersell , and consequently ruine the inferiour sort , that must buy for the future ? . whether the east countrey merchants did not ( upon a petition formerly by these men presented for this purpose ) give a plenarie satisfaction to the house of commons , that it might not be laid upon pot-ashes ; whereby at that time their designe was laid aside ? . whether that part of their paper be true or false , which declares , the pole , casocks , and tartars at peace , wherby ( say they ) great store of ashes will be imported ; when it is well known to some here , that their difference there is great , and the wars in that very place , where usually potashes were made ; so that but few or none will come from thence , and so you will seem to put the excise upon a bare shadow , rather than substance . . whether it will not apparently alter the whole fabrick of your years buil●ing , when almost all trades may as justly petition as these men , for altering of it from the manufactory , to the 〈◊〉 , the clothie● to wool , the broad weaver to yarn and haire , the brewers to malt , the silk weaver to 〈◊〉 , 〈◊〉 so you may , ad infinitum , alter it from the shoulders of one party to another , if you listen to such men as are never satisfied when they are well , and not contented with any thing but what they contrive themselves , though never so distructive to the common-wealth . the answer that was returned by the honourable committee , whereof colonell george thompsom hath the chair , octob. . . gentlemen , i am appointed to deliver you the opinion of the committee , in this businesse . first , that they do not take notice of any part of your paper , wherein you detract from the proposers , for we find in them matter of profit and advance to the commonwealth , and must acknowledge them as good commonwealths men . and to you i say we have perused your papers and accounts , and find you in an error ; for here we finde , that the advance upon the materialls , falls short of the manufactory by l. and and this when we had a free trade from forraine parts , and now our seas may be troublesome , and so not so much of the materialls come in , whereby it is possible and probable to be lesse , and if it fell short by so much when soap made lesse then for the future it is like to doe , when it is doubled ; we shall present both to the parliament , and leave them to determine , more may be said but we shall report it to the house . finis . a scheme of the rates and duties granted to his majesty upon marriages, births and burials and upon batchelors and widowers, for the term of five years, from may . . useful to the commissioners, assessors, collectors and receivers of the said duties, and to all persons subject or liable to the payment of any the said rates or duties. king, gregory, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a scheme of the rates and duties granted to his majesty upon marriages, births and burials and upon batchelors and widowers, for the term of five years, from may . . useful to the commissioners, assessors, collectors and receivers of the said duties, and to all persons subject or liable to the payment of any the said rates or duties. king, gregory, - . sheet ([ ] p.) printed by charles bill, and the executrix of thomas newcomb deceased, printers to the kings most excellent majesty, london : mdcxcv. [ ] signed at end: collected and digested, by gr. king esq; lanc. her. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- england -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a scheme of the rates and duties granted to his majesty upon marriages , births and burials , and upon batchelors and widowers , for the term of five years , from may . . useful to the commissioners , assessors , collectors and receivers of the said duties , and to all persons subject or liable to the payment of any the said rates or duties . names and sirnames . degrees , titles , qualifications and estates . occasional payments . yearly payments . duties payable for and upon the burials of duties upon the births of duties payable for and upon the marriages of duties payable yearly by batchelors above the age of twenty five years . duties payable yearly by widowers , having no child or children . the party deceased , him , [ or her ] self . the wife or widow . the eldest son or his wife . the younger son or his wife , or vnmarried daughter . the eldest son ( or the eldest son of the wife of a peer by any other husband . ) the younger son or daughter ( or the younger son or daughter of the wife of a peer by any other husband . ) the party himself . the eldest son. the younger son. the party himself . the eldest son. the younger son. the party himself . the eldest son. the younger son.     l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d. l. s. d.   a duke of england , scot. or ire .   a marquess of e. s. or i.   an earl of e. s. or i.   a viscount of e. s. or i.   a baron of e. s. or i.   a baronet of any of the three kingdoms , or of nova scotia   a knight of the bath   a knight batchelor   the kings serjeant at law   any other serjeant at law   an esq ; or reputed esq ;   a gentleman , or so reputed   an arch-bishop   a bishop   a dean of any cathedral or collegiate church   an arch deacon   a canon , or prebend . of any cath. or coll. church   dr. of divinity , law , or physick   a person of l. per annum , or l. personal estate .   every person not otherwise charg'd     the parish to pay for the burials of such persons as receive alms , and their wives and children . persons receiving alms are excepted . persons receiving alms are excepted . fellows , students and scholars in the vniversities and persons receiving alms are excepted . persons receiving alms are excepted . collected and digested , by gr. king esq lanc. her. london , printed by charles bill , and the executrix of thomas newcomb deceased , printers to the kings most excellent majesty , mdcxcv . an additional appendix to aurum reginæ making some further discoveries of the antiquity, legality, quiddity, quantity, quality of this royal duty, of the oblations, fines from which it ariseth, as well in ireland as england, the process by, the lands, chattels out of which it is levyed, and that the unlevyed arears thereof at the queen-consorts death, of right accrue to the king and none other, by his royal prerogative, and ought to be levyed for his use by the laws of the realm / collected by william prynne, esq. ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an additional appendix to aurum reginæ making some further discoveries of the antiquity, legality, quiddity, quantity, quality of this royal duty, of the oblations, fines from which it ariseth, as well in ireland as england, the process by, the lands, chattels out of which it is levyed, and that the unlevyed arears thereof at the queen-consorts death, of right accrue to the king and none other, by his royal prerogative, and ought to be levyed for his use by the laws of the realm / collected by william prynne, esq. ... prynne, william, - . prynne, william, - . aurum reginae. [ ], p. printed for the author by tho. ratcliffe and tho. daniel, and are to be sold by edward thomas ... and josias robinson ..., london : . errata: p. . reproduction of original in harvard university libraries. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain -- history. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion an additional appendix to aurum reginae ; making some further discoveries of the antiquity , legality , quiddity , quantity , quality of this royal dvty ; of the oblations , fines from which it ariseth , as well in ireland as england ; the process by , the lands , chattels out of which it is levyed ; and that the unlevyed arears thereof , at the qveen-consorts death , of right accrue to the king , and none other , by his royal prerogative , and ought to be levyed for his vse , by the laws of the realm . collected by william prynne esq a bencher and reader of lincolns-inne , keeper of his majesties records in the tower of london . mat. . . render therefore to caesar , the things that are caesars . london , printed for the author by tho. ratcliffe and tho. daniel , and are to be sold by edward thomas at the adam and eve in little britain , and iosias robinson at lincolns-inne gate . . to the kings most excellent maiesty , charles the ii. your majesty may perchance , condemn me as guilty of a solaecisme in courtship , for that i formerly intituled . your most illustrious queen-consort ( in my late tractate of avrvm reginae , dedicated to her highnesse ) to a legal right in possession to this most antient royal duty ; and now presume to present your majesty ( by way of reversion after your consort ) only with the gleanings of some records of that subject , i have since discovered , and collected in this additional appendix . yet , being no solaecisme or praeposterousnesse , but an orderly usual method in point of law ; the lawes and records of your realm , intitling your queen to the primitive present possessory right of queen-gold , and your majesty only to the uncollected remaines and arrears thereof after her decease ( whom god long preserve in life and health ; ) and that both in england and ireland , as this old record ( i newly found ) of your noble predecessor king henry the third , dated in france , thus resolves . galfridus de turvall archid. dublin . assignatus est ad recipiend . aurum reginae quod ad eam pertinet de finibus hiberniae . et mandatum est eidem galfrido , quod illud recipiat custodiendum ad opus ipsius reginae . teste rege apud burdegal . die sept. et mandatum est iusticiario hiberniae , quod illud ei habere faciat . teste ut supra . ( which is seconded by other records (b) elsewhere cited ; ) i therefore most humbly hope , and crave not only your majesties royal pardon of this imaginary disorder , but likewise your gracious acceptation of these fragments , which further evidence both of your majesties old , iust , vnquestionable rights to this golden flower of your crowns by multitudes of irrefragable records . by vertue whereof your majesti●s may now as justly demand , receive , levy it of those subjects , from whose voluntary oblations , fines it is due , without the least injustice or grievance , as any other branch of your revenues whatsoever ; especially since the greatest part of this and other your antient crown-revenues , have been much diminished by (c) two late acts , abolishing all fines for knighthood , wardships , tenures , lico●ses for alienations , and marriages of wards , from which the richest veins of this gold mine , did formerly arise . if these collections shall contribute any assistance to invest your majesties in the speedy future possession , perc●ption of this over-long neglected legal revenue , ( which no lapse of time can barr , or null , since (d) null●m t●mpu● occurit regi ; and this duty hath in all former ages been legally revived , claimed by and from the mariage of every queen , but not extinguished by the death of any ; ) it will be a sufficient reward for the paines taken to recover it , by your majesties most humble , loyal , subject and servant , william prynne . an additional appendix to aurum reginae . since the finishing of my late tractate of avrvm reginae at the presse , upon my subsequent searches meeting with sundry passag●s in doomesday book , the great rolls in the pipe office , and especially in the records in the lord treasurers remembrancers office in the exchequer , relating to that subject of queen-gold ; i thought fit by way of appendix , to communicate them to the world , for the clearer demonstration of the antiquity , rationality , and legality of this royal prerogative and duty . the true original grounds thereof ( which i have briefly related in my avrvm reginae , p. , , . ) i shall here in the first place illustrate by some forraign historical passages and domestick records . it is storied of the ancient kings of persia , who were extraordinarily uxorious , loving , kind , and bountifull to the●r queens , that for their greater honor , majesty , and splendor , when they espoused or made choyce of them for their queen consorts ; they did set a a royal crown ( of gold ) upon their heads , arrayed them with b royal costly robes , appar●l , and also assigned them sundry large territories , cities , revenues , for furnishing all parts of their bodies with rich ornaments of all sorts , suitable to their royal estates . hence c plato in his alcibiades primus , discoursing of the great wealth of the persian kings ; subjoynes . audivi ego aliquando virum fide dignum qui ad persarum regem profectus fuerat . hic retulit , se peragrasse regionem valdè magnam & bonam , diei ferè unius it●nere , quam indiginae uxoris regiae zonam vocent . esse verò etiam aliam qua reginae calyptra vocatur● it●mque alios multos locos pulchros & bon●s , ad ornatum reginae delectos , habereque singulos lecos nomina ab unoquoque reginae mundo : which d cicero the grand roman orator thus seconds . s●lêre a●unt barbaros reges persarum & syrorum plures v●ores habere : his autem uxoribus civitates attribuere , hoc modo . haec civitas mulieri redimiculum praebeat ; haec in collum ; haec in crines . ita populos hab●nt universos non solum conscios libidinis suae , sed etiam administros . upon this account , as e athenaeus relates , the city of antylla near alexandria , was given to the queens , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and barnabas ●riss●●ius . de ●egio 〈◊〉 principatu , lib. . p. . observes , that the persian kings , regines utique regione●●erta● attri●uebant , e●●uarum ●edditibu● mundum 〈◊〉 para●●nt . in like manner● our ancient kings before and since the conquest , did not only honor their queen consorts with * royal diadems of gold , rich robes , and other o●●●ment● , ) a●d assign ●●em sundry ●●●ge mannors , rents , pensions for their dowries , to maintain their pomp , courts , officers , attendants in magnifice●t splendor , but li●ewise reserved certain● ounce● of gold , out of so●e of thei● ancient ●emes●● lands and man●ors to ●e annually paid to their queens , with other sums of money , and portions of wool , for their ornaments , apparell , lamps , and furniture o● their wardrobes . this i shall evidence by some few irrefragable presidents recorded in the most famous ancient record st●●● e●tant , ( reserved in the treasury of the receits in 〈◊〉 king● ex●h●q●e● ) c●mmonly ca●●ed doomes●ay book , or lib●r ivdiciarivs ; ●●ia ●ententia eju● i●f 〈…〉 po●est , vel impunè declinari , & ab ●o non licet ulla ratione discedere . which book as f gervasius tilberiensis resolves ) contains an exact survey or description ( in two large volumes ) of all the mannors , lands , tenures , rents , services , duties , customs , tenants , within the respective counties of england , begun in the ● th , and finished in the th and last year of king conqueror● by his special command , as the g marginal authors will at large inform th● readers . inter recorda domini regis caroli secundi in thesauro receptae scaccarii sui sub custodia dominorum commissionar . pro thess. & camerariorum ibidem r●man . videlicet in libro domesdaie , sub titulo bedefordscire , sic contin●tur ut sequitur ; terra regis . maner . lestone dominicum manerium regis pro xlvii hid. sc. de feod . modo . * t. r● e. non crant xxx . hid. &c. inter totum redd . per annum xxii lib. ad pensum & dimid . diem ad firmam regis . in frumento & melle & aliis rebus ad firmam pertinentibus . ad opus reginae ii . uncias auri , &c. maner . loit●ne , dominicum maner . regis pro xxx hid. sc. de feod . &c. inter totum redd . per annum xxx lib. ad pensum & dimid . diem , in frumento & melle & aliis consuetud . ad firmam regis pertinentibus . reginae iiii . unc . auri , &c. maner . houstone dominicum manerium regis pro x. hid. sc. de feod . &c. inter totum redd . per annum x. lib. ad pensum & dimid . diem . de frumento & melle & alius rebus ad firmam regis pertinentibus de minutis consuetud . & de i. summario lxv sol . de consuetud . canum lxv sol . & reginae ii . unc . auri. &c. to these i shall annex that of warwicscire ; tempore regis e. vicecomitatus de warwic . cum burgo & cum regalibus manerils reddeb . lxv lib. & xxxvi sextaria mellis , &c. modo inter firmam regalium maneriorum & placita comitatus reddit per annum clxv lib. ad pondus , & xxiii lib. pro consuetudine canum , & xx solid . pro summa●io , & x lib. pro accipitre , et c. solid . reginae , pro gersuma , &c. that is , as our learned * sir henry spelman rightly expounds it in his glossary , pro fine , hoc est , pecunia data in pactionem , like that of avrvm reginae , upon fines for lands or liberties granted . herefordscire ; terra regis . in len● , &c. praepositus hujus manerii consuetud . habeb . * t. r. e. ut beniente † domina sua in maner . praesentaret e● xviii . oras denar . ut esset ipsa laeto animo , & dapifer & alii ministri habeb . ab eo x. sol . sudrie . terra regis . in chingetun hund. rex ten . in dominio chingestun , &c. de villanis hujus villae habuit , & habet humfridus camerarius unum villan● in custodia , causa coadunandi ●anam reginae . which seems to be wool reserved for the queens apparel , wardrobe , and service , being collected by her chamberlains servant . in rot. magno in the pipe office in the exchequer an. , & , & h. . rot . . & h. . rot . . berkescire ; adam de gattemera ( vicecomes ) reddit compot . de tribus annis quibus tennit comitatum xvi l. nummo , * quod sit in calumpnia pro cappa reginae , that is , for the queens cappe , vayle , coyf and head attire . idem reddit compot . de xxi s. & id . quod regina habere solebat de lana ii . maneriorum . the like occurs in other great roll● during his reign . inter compotus de an. h. . in officio remem . thesaurarii scac. rot . dorso , oxon. i find this clause in the sheriffs account ; et xx sol . de terra postali , de lana reginae dum ea colligit ; & ix lib. xix sol . de codem , de pluribus annis praete●itis . in most of the great rolls in the pipe office from anno . till an. henry . and an. iohannis regis to . tit. london . & midd . there is this annual payment allowed out of the fee-farm rents of london : pro oleo ad lampad . reginae , xx s. x d. or else xxx s. & v d. and oft times i find several summs of monies allowed to the sheriffs of london and middles●x , pro vestimentis or robis reginae , pro * magna cappa et pallio ●agno de escarletto , de bi●●is et s●bellonis , &c. ad opus reginae , & iocali●us pro regina . by all which records and presidents , it is more the● probable , if not unquestionable , that as our ancient saxon kings , ( to omit others ) before , in , and after the conq●●rors reign , till the end of king henry the seconds , ( when gervasius tilberi●●fi● writ his dialogue and chapter de auro reginae ) reserved small annual summes of gold , money , wooll out of some of their antient manors to their queens , for their ornaments , robes , lamps , and other uses , so they likewise conferred on them out of their conjugal love and affection this princely duty of queen-gold out of all considerable voluntary oblations , obligations , fines made to them , by their nobles , subjects , or others , to furnish them with jewels , plate , rings , and other royal ornaments of gold : a●d that probably from the dayes of our famous h queen helena , as i apprehend : she being not only the first world● but also the first queen who enjoyed , exercised this i royal prerogative , to coin gold money with her own image and superscription , of fl. helena augusta , engraven thereon ; ( the effigies of whose coins you may peruse at leisure in mr. k william cambdens britan●●● ) who as she coined monies at triers in france , in honor of her sonne constantine with his image and motto ; so she also coyned monies with her own es●igies and motto at london . helens money being oft-times found under the walls of london , ( built by her or her sonne constantine the great at her request ) as l mr. cambden , and m archbishop vsher inform us : ) she being stiled in n ancient inscriptions , venerabilis et piissima augusta , regina , &c. yea canonized for a most glorious saint soon after her decease . upon which account o cissa , a devout , noble religious woman about the year , building a monastery of nunnes at helneston ( so called from queen helena , near abbendon in bark●shire ) in honor● sanctae crucis & sanctae helenae dedicavit , dedicated it to the honor of st. helena and the crosse of christ p found out by her ; in which place and at abbendon , many crosses were afterwards found and digged up , sent thither by constantine the great , and this queen helena his mother , as some● or as others relate , brought thither by the christian britains in honour of helena and constantine : among which crosses , that black crosse ( made for the most part , as was supposed , of the iron nayles that crucified our saviour , reserved as a sacred relique in abbendon abbey ) was so famous and holy , vt nullus iuramento super ●am prastito impunè & si●e periculo vita suae possit affirmare mendacium , if we credit the q register and history of abbend●n abbey : which crosse ( as the monks of abbendon report ) working sundry miracles in detecting , punishing perjuries , and lies ; volentibus fratribus ●am auro , & argento ornari , quicquid ei in una die circa adaptabantur , totum altera decidisse & dissolutum esse videbant , nec p●tuit aliqua parte aliquando aurum vel arge●tum circa ●am confirmari . had the covetous abbots , monks of this and other monasteries been so farr r crucified to the world by christ , or this black crosse , as to reject all gold , or silver , like this crosse , or as s st. peter , st. paul and other apostles , according to their vows , and professions of voluntary poverty , they had never gained so great store of gold , silver , and revenues , as they did . yea , had they , their popes , or prelates duly pondered isay . . to . psal. . . to . ier. . , . cap. . , to . they would never have idolized , and adored with latria or divine worship the wooden crosse whereon christ was actually crucified , or any small chips , reliques thereof , much lesse this black crosse , or any other bare representations thereof● nor canonized the crosse it self for a saint , nor made so many idolatrous t prayers , dedicated ●o many holy dayes , churches , chappels to it , because ( as the u romanists and rhemists ass●rt ) it was most highly sanctified by the very touching , bearing , and crucifying the body of our lord iesus christ , and shedding his most precious blood thereon : upon which grounds they have also canonized the very nayles that fastned christ to , and the spear , souldier that pierced his side on the crosse for saints , praying to , and adoring them under the names of x st. cloe , eloy , and st. longis for which very reasons , they ought to canonize , adore , and pray to the archtraytor iudas , pontiu● pilate , the chief priests , iewes , and soldiers , who kissed , touched , apprehended , buffeted our saviors sacred body , stripped off his coat , garments from it , and parted them amongst them , then crucified him , pierced his hands , feet , side , and shed his blood on the crosse , ( which could have effected nought without them ) and likewise those apostate christians , who soon after by their apostacy y crucifyed to themselves the sonne of god afresh , and put him to open shame ; as the most m●ritorius holy saints : when as z st. peter , st. paul and the whole tenor of the gospel resolve , the crucifying and killing of our saviour christ the prince of life● and lord of glory on the crosse , to be the most world● and therefore cannot possibly sanctify , canonize , deifie either the crosse , nayls , spear , or persons which crucifi●d and slew him : nor be a just , rational , christian ground to give any divin● or religious adoration to the crosse or them . but to revert from queen helena and the crosse , to aurum reginae . the first and ancientest great roll now ext●nt in the pipe office in the exchequer , is that de anno regis henrici . ( not anno regis stephani , as sir simon de ewes hath indorsed it , ) as is most apparent by rot. . london , wherein there is an allowance demanded by the sheriffs of london ; de oleo ad ardend . ante sepulchrum regina ; et de pannis super sepulchrum regina , to wit , of q●een ma●de , king henry the . his first wife , who a died and was interred at westminster in his year , anno dom. . ) and likewise by the oblata , fines , summes due and paid to the king from herva●s bishop of ely , in this great roll , in grentzburgeschira , for himself and his nephew , whose see of ely was first erected , and himself b created first bishop thereof by king henry the . an. . being the th year of his reign , he deceasing . years before king henry the . and . years before the th . of king stephen who usurped the crown , as ou● historians expresly relate . in this first great roll i met with these two particulars , which seem to me to relate to this duty of queen-gold , by the proportions in them between the marks of silver and gold. rot. . oxenfordscire & nottinghamscira , robertus de colt & walterus filius su●s redd . comp. de c. marc . argenti , & . m. auri pro concessione ter●ae l●owini chedde : in thesauro xx m. in argento , & debet quater xx m. argenti & i. m. auri. ro● . ● berchescira & croc● reddit . comp. de cc. m. argenti , & ii . m. auri , pro filio suo● in thesauro xx . m. argenti , & debet c quater . m. argenti , & ii . m. auri. which proportions agree with those in gerva●ius tilb●riensis his chapter . de auro reginae , and accrued to the king by his queens decease that year as i conjecture , though not expressed in the roll ( which is only a brief abstract ) though probably mentioned in the writs to levy it , not now extant . upon my diligent perusal of all the great rolls in the raigns of king henry the . and king iohn in the pipe office in the kings exchequer at westminster , i can finde no expresse mention nor account of avrum reginae , nor processe issued to sheriffs to levy this duty , from the first year of king henry the . to the th of king iohns reign ; though then due , payable , and actually paid to our queen consosts , per consuetudinem regni , either in specie , cups of gold , or other things of equal value in lie● thereof , as the d premised passages of gervasius tilberiensis , ( under treasurer of the exchequer to roger bishop of salisbury , an. h. . ) and presidents evidence . the reason whereof i conceive to be , that this debt to the queen was not ordered to be paid , nor accounted for in the exchequer to the king , but severed and kept apart from the kings debts by the queens officers , as gervasius tilberiensis informs us , till the th year of king iohn ; who then by his e writ to the barons expresly ordered , quod volumus , ut de caetero , reddatur aurum reginae ad scaccarium nostrum ; et quod inde audiatis compotum sicut de aliis debitis nostris ; whereupon in the great rolls annis , , , . , & iohannis , this duty was particularly mentioned , accounted for , charged , and levyed as a debt by sheriffs and others , under the expresse title of avrvm reginae ; and so in succeeding kings reigns . upon my search and perusal of the antient records in the lord treasurers remembrancers office in the exchequer , i found but one in k. iohns reign , but many in k. henry the seconds . and , inter communia de termino sancti michaelis anno henrici regis , filii regis johannis , incipiente . in offic. r●● . thesaurarii in scac. i found these memorable records concerning avrvm reginae , respited and installed in the exchequer by the king himself . sciatis , quod concessimus patricio de chaurtes , quod in fine quingentarum marcarum quem fecit , &c. ( ) pro habenda sai●●na pro haereditate sua , non obstante eo quod infra aetatem est , &c. ineatur finis ducentarum marc . quem paganus de chaurtes pater ejus nobiscum prius fecerat , pro ( ) custodia tetrarum quae fuerunt margeria de la forte , et ●ic non debet praefatus patricius ( ) nist tantum l. pro avro reginae ratione praedictarum ●recentarum librarum ; de quibus l. concessimus ei , quod reddat nobis per annum ● l. scilicet c. solidos ad festum sancti michaelis , & c. solidos ad pasch. eodem term. henricus filus nicholai ( ) habet respectum usque in crastinum animarum de . marc . de avro reginae , excepta , &c. et aver . &c. inter communia de termino sancti hillarii , anno h. . dors● . thomas fil . aucheri habet respectum usque in crastinum clausi pasch. de dimid . ● . marc . de remanent . xv mar . pro transgressione forestae , et de avro reginae pro ( ) eodem fine . et mandatum est vic. quod accepta securitate pro eodem fine averia su● , &c. t. a. archid. salop. die ian. mandatum est vic. quod thomas fil . thom● brian finem fecit cum rege pro xx mar . ( ) pro habenda sei●ina terr●rum quae fuerunt patris sui , pro quo fine debet reginae ii . mar . pro auro suo , & quod si dictus thomas vel alius pro eo duas marcas pro dicto avro solverit , amplius ab eo occa●ione dicti avri non e●●g●tur ; et si quid amplius ab eo ea occasione recipitur , id ei r●d●●tur . t. willielm● archid●●c . salop. die f●br . communia de termino sancti michaelis , annis ● & h. . incipiente . cl●ricus vic. glouc. dixit coram baronibus , quod pluries fec . returnum pluribus ballivis plurium libertatum infra com. suum pro auro reginae , qui nichil inde responderunt ad scaccarium . et ideo praeceptum est vic. quod ingrediatur praedictas libertates , et distring . pro eodem auro ; ita quod possit inde respondere ad dictum scaccarium per manum suam . praeceptum est vic. leyc . quod ingred . libertatem ●●m . leyc . et distring . willielmum de ienemull pro auro reginae . praeceptum fuit vic. london . quod distringerent cives london . pro av●o reginae ; ita quod , &c. haberent denarios coram baronibus , &c. ( verbatim as in aurum reginae , p. . usque marescallo . ) postea habuerunt diem ut prison . usque a● diem martis prox . ante festum sancti iohannis baptistae . i●ter communia termino paschae , anno. h. . rot. . dorso . in officio remem . thesaurarii in scaccario , i found this special writ of the king , appointing several fines for charters granted by him to several towns , and for respits of knighthood , and the queen-gold arising from them ( as i apprehend by the word aurum , so frequently mentioned in it ) to be paid into his wardrobe upon a special occasion , and not to be paid or received at his exchequer for that present time . rex mandavit baron . quod villatae subscriptae debebant solvisse in garderoba sua denarios subscriptos , terminis subscriptis , pro cartis libertatum quas eis concessit , & nondum solverunt , videlicet villata de gernem . pro aliquo debito , de quo fidejussores , vel principales debitores non extiterint . et pro habendo retorno brevium , lx●m . in quindena pasch● proximo praeterita . et villata de norwic. pro eodem à di● pascha proximo praeterito , l. m. villat● le● . pro eodem de anno praeterito , lxxx . marc . et villata de c●l●c●str . pro bono adventu suo ad partes illas x. m. in festo pentecost . proximo futuro . et si contingat aliquos de caetero venir● ad scaccarium , ad solv●nd . ibidem aur. vel denar . per quos ●ines fecerunt , pro carti● liberta●● vel respectu militis habend● ipsos ad hoc nullatenu● admittant . et ipsos ad ●um statim remittant , solvend . praedictos denarios & aur. in garderoba sua , quia denar . praedictos & aur. unà cum finibus praedictarum villatarum assignavit dominus rex solvend . in garderoba sua , et si aliquos denar . vel aur● de finibus praedictis ad scacc●rium receperunt● ipsos sin● dilatione , ad ipsum regem remittant , liberand . in garderoba praedicta . et per breve de scaccario distring . fac . villas praedictas sine dilacione ad solvend . in eadem garderoba terminis subscriptis . breve est in for . mar. by these and the * premised records in the reign of king henry the d. it is most apparent , for what sort of fines and oblations aurum reginae was legally paid to his queen consort during his reign , and in what proportion and places . i have not yet discovered upon my search in this office any more records concerning this duty in his time , nor in the reigns of king edward the first and second , then what i have formerly published . but yet in the same office of the lord treasurers remembrancer in the exchequer , i found out and transcribed these ensuing new memorandums and writs for the levying of q●een-gold , during the reign of king edward the . which i shall present you with in their chronological order . an. e. . memorand . quod compertur in origin . de anno . rot. . inter grossos ●ines● quod abbas sancti iohannis colecestr . primo die febr. dicto anno . dedit domino regi l. solutas in hanaperio pro licentia adquirendi quaedam terras & ten . cum pertinen . in colcestr . & alibi in com. essex . habend . ( ) ad manum mortuam . per quod praeceptum fuit vic. quod fieri faceret s. de bonis et catallis ipsius abbatis● de avro reginae , ad ipsam spectante de fine praedicto ; ita quod haberet hic dictos s. in crastino clausi paschae praefatae reginae solvend . et ad diem praedictum praedictus abbas venit per fratrem willielmum de gretton commonachum suum : et dicit , quod ipse fecit finem cum rege pro licencia habenda de rege , quod petrus waway● & iohannes chaterys messuagia , acr . terrae , acr . prati , acr . bosci , solidatas , et novem denarratas redditus , & redditum unius librae piperis cum pertinen . in colecestr . suburbio colcestr . stanwey , b●●dringe , okle magna , & leyre del haye dare possent & assignare praefatis abbati & conventui , & quod ipsi messuag . terr . pratum , boscum , & redditum praedicta cum pertin . à praefatis petro & iohanne recipere possent & tenere sibi & successoribus suis imperpetuum , statuto de terris et ten . ad manum mortuam non ponend . non obstante . et ostendit c●r . cartam regis nunc de licentia praedicta in haec verba . — edwardus dei gratia rex angliae , &c. dominus hiberniae & aquitaniae . omnibus ad quos praesentes litera pervenerint , salutem . licet de communi concilio regni provisum sit , quod non liceat viris religiosis seu aliis ingredi feodum alicujus , ita quod ad manum mortuam deveniat , sine licentia nostra , & capitalis domini de quo res illa immediatè ten●tur . volentes tamen dilect . nobis in christo abbati & conventui sancti johannis de colcestr . gratiam facere specialem , concessimus , & licentiam dedimus pro nobis & haeredibus nostris , quantum in nobis est , petro wawayn & johanni chateri● , quod ipsi sexd●cim messuagia , quadringentas quinquaginta & octo acr●● t●rrae , quinqu● acr . prati , viginti acras bosci , tres solidatas , & novem denarratas reddit●● , & reddituum unius librae piperis cum pertin . in colcestr . suburbio colecestr● stanwey , bendryng , okle magna , & leyre del hay , quae de nobis non tenentur , dare possint & assignare eisdem abbati & conventui ; ad inveniend . quendam monachum capellanum divina singulis diebus in capella beat● mariae abbati● praedictae , pro salubristatu nostro & pr●dictarum petri & johannis dum vixerimus , & animabus nostris cum ab hac ●uc● migr●verimus , necnon animabus progenitorum , & animabus omnium fidelium defunctorum celebratur . habend . & tenend . ●isdem abbati et conventui & successoribus suis , ad inveniendum dictum monachum divin● ibidem sicut pr●dictum est singulis di●bus celebratur . imperpetuum . et eisdem abbati & conventui quod ipsi m●ssuagia , terram , pratum , boscum , & redditum praedicta cum pertinen . à praefat . petro & johanne recipere possint & tenere sibi & successoribus suis , ad inveniendum dictum monachum divina singulis diebus in form● praedicta celebratur . imperpetuum , sicut praedictum est , tenore praesentium similiter licentiam dedimus specialem , statuto praedicto non-obstante . nolentes quod praedictus petrus & johannes , vel haeredes sui , aut praefati abbas aut conventus , seu successores sui , ratione statuti praedicti per nos vel h●redes nostros , aut ministros nostros quoscumque inde occasionentur in aliquo se● graventur : salvis tamen capitalibus dominis feodi illius servitiis inde debitis et consuetis . in cujus rei test●monium ha● literas nostras fieri fe●imus patentes . teste meipso apud westm. primo di● febr. anno regni nostri tricesimo nono . — et dicit , quod ipse l. praedictas solvit in hanaperio praedicto , ut praemittit●r . et quod satisfecit eidem reginae de s. de avro svo finis praedicti , et de solucione inde ostendit quandam talliam lebatam ac receptam praefatae reginae quarto die maii hoc anno . dictam summam s. continuentem , quam iohannes de holte attornatus praefatae reginae cogno●it esse beram et legalem . an. e. . praeceptum suit vic. per breve dat . die iunii , anno . regis nunc , quod de bonis & catallis nicholai carren in balliva sua fieri faceret l. quas idem nicholaus deb . philipp● nuper reginae angli● defunctae de avro svo de ( ) fine . pro maritagio roberti fil . & haeredis radulphi de turbervill defuncti habend . sine disparagatione ; ita quod denar . illos haberet hic ad scaccarium nostrum apud westm. in crastino sancti michaelis praefatae reginae solvend . et per aliud breve dat . tertio die iul. dicto anno . quod de bonis & catallis iohannis wythegenemull in dicta balliva sua fieri faceret s. quos idem iohannes debuit praefatae reginae de avro svo , de ( ) fine l. pro pardonacione quarundam transgressionum habend . de quibus idem iohannes arrectatus est ; ita quod denar . illos haberet modo hic ad crastinum praedictum praefatae reginae solbend . sicut continetur in ligula brevium de hoc termino , viz. inter brevia executa pro praedicta regina . et ad praedictum crastinum vic. return . brevia praedicta , & mandavit , quod cepit in manum regis de bonis & catallis praedicti nicholai carren ad valentiam s. de debito praedicto . et de bonis & catallis praefat . iohannis wythegenemull . ad valentiam s. sicut continetur in indorsamento brevium praedictorum . et quia praefata regina mortua est , sicut superi●s continetur , & denar . praedicti ad ( ) regem de jure et non alii pertinent , idem vic. videlicet rogerus de cotesford oneretur versus regem de summis praedictis per ipsum in manum regis sic captis praetextu return . sui praedicti . praeceptum fuit similiter praefato vic. per breve dat . die iunii eodem anno . quod de bonis & cat●llis thoma giffard in dicta balliva fieri facere● . s. d. quos deb . praef●tae nuper reginae de avro svo de fine marc . ( ) pro licentia adquirendi sibi et margeriae mori ejus du●s carucatas terrae cum pertin . in feryngford , & medietatem manerii de feringford , unà cum advocatione ecclesiae ejusdem manerii habend . sub certa forma . et de bonis & catallis iohannis grey de rotherfeld l. quas debet eidem nuper reginae de avro svo de fine l. pro licentia feoffand . willi●lmum de merston personam ecclesiae de merston de maneriis de rotherfeld , cogges & somerton , habend . sub certa form● . et de bonis & catallis rectoris domu● de edryndon s. quos debet praef●tae reginae de avro svo de fine l. pro licentia adquirendi quaedam terras & ten . in alves●ote , alcyaldesbury & alibi habend . ad manum mor●uam . et de bonis & catallis almarici de sancto amando s. d. quos debet eidem nuper reginae de avro svo de fine marc . pro ( ) licentia concedendi fulconi co●dray , quod ipse de man●rio suo de pappeworth seoffure possit praefatum almaricum habend . & tenend . sibi & haeredibus s●is imperpetuum . et de bonis & catallis ricardi forster , & nicholai saundresson s. quos debet eidem reginae de avro svo de fine l. pro ( ) licencia dandi quendam redd . ad manum mortuam ita quod denarios illos haberet hic modo ad praedictum crastinum prae●a●e nuper reginae solvend . et ad praedictum crastin . vic. retornavit breve & mandavit , quod cepit in manum regis de bonis & catallis praefati thomae giffard ad valentiam s. d. de debito praedicto . et de bonis et catallis rectoris domus odyndon , ad valentiam s. de debito praedicto . et de bonis et catallis almarici de sancto amando ad valentiam s. d. de debito praedicto . et quo ad levationem dictorum s. de bonis & catallis ricardi forster & nicholai saundresson vic. respondet , quod fecit retorn . dicti brevis iohanni gi●●● & iohanni de somerford ballivis libertatis villae oxon. eo quod nulla executio fieri poteret in balliva sua extra libertatem praedictam ; qui quidem ballivi respondent , quod ceperunt de bonis & ●atallis praedictorum richardi & nicholai , ad valentiam s. sicut continetur in indorsamenta dicti brevis quod est in ligula brevium de hoc termino , viz. vrevia executa pro praefata regin● . ideo idem uic . oneretur versu● ( ) regem de praedicts s. d. pro praefato thom● gifford . et de . marc . pro praedicto iohanne grey de rotherfeld . et de s. pro praefato rectore de odyndon . et de s. d. pro praedicto almarico de sancto amand● . et praedicti ballivi de pr●dictis s. de bonis & catallis praedictorum ricardi & nicholai praetextu return . brevis praedict . et sic est summa totalis omnium summarum de quibus praefatus vic. restat onerandus l. de quibus concessum est praefato vic. quod habeat † respon . usque in crastinum sancti hillar . prox . futur . praeceptum fuit vic. per breve dat . die iunii anno . regis nunc , quod de bonis & catallis willielmi de sandford clerici in balliva sua fieri faceret s. quos debet philippa nuper reginae angliae de auro suo , de ( ) ●ine l. pro custodia duarum partium terrarum et ten . in wareher● quae fuerunt wi●●ielmi de henton . unà cum maritagio haeredis praedicti willielmi habend . ita quod denar● illos haberet hîc modo ad scaccarium nostrum apud westm. in cra●tino sancti micha●lis praefatae reginae solvend . et ad praedictum crastinum vic. retorn . breve , & mandavit , quod praefatu● williel●●● de sandford nichil habet , &c. et ●ichilominu● , praefat . willielmus venit eoram b●ronibus in propria perso●● sua , ●t cognovit se debere praefatae reginae dun● vixit praedict . s. ex causa praedicta , & se velle & debere ei satisfac . cum cur. &c. et quia denar . praedi●● . ad ( ) reg●m ●●casion● morti● praedi●●ae de jure pertinent , et non alicui alii ; consideratum est quod praefa● . willielmus oneretur versus regem de praedict . s. praetextu praemissorum . poste● idem willielmus solvit denar . praedictos per unam talliam levatam quinto die novemb. hoc termino , quam ostend . praeceptum fuit vic. per breve dat . die iun. anno regis nunc , quod de bonis & catallis ada petyt vicar . ecclesiae de anton. thoma crokesdon & roberti benalud pleg . praedict . ada in balliva sua fieri faceret s. quos debent philippae nuper reginae angliae defunctae de auro suo de ( ) fine l. pro transgressione . et de bonis & catallis radulphi keyle , henrici trenesweth●n , & i●hannis pety● ( ) pleg . praedicti radulphi in dict● balliva sua fieri faceret s. d. quos debent eidem nuper reginae de auro suo , de ( ) fine marc . pro ●odem . ita quod denar . illos haberet hîc modo in crastino sancti michaelis praefatae reginae solvend . et ad praedictum cra●tinum vic. retorn . breve , & mandavit , quod cepit in manum regis de bonis & catallis praedict . ada petyt & pleg . eorum ad valenciam s. de debito praedicto ; & de bonis & catallis praedict . radulphi keyle et pleg . eorum ad valenciam s. d. sicut cont . in indorsamento brevis praedict . et qui● praefata regina mortua est , ●icut superius continetur , et denat . praedict . ad ( ) regem de jure et non alii pertinent ; idem vic. viz. iohannes babernoun oneratur versus regem de summis praedictis per ipsum in regis manu● sic capt . praetextu retorn . sui praedict . praeceptum fuit vic. per breve dat . die i●nii anno regis nunc , quod non omitteret propt . libertates de teukesbury & bert●n juxta glouc. quin eas ingrederet , & de bonis & catallis gilberti giffard in balliva sua fieri faceret s. quos debet philippae nuper reginae angliae defunctae , de quod●m de●ito mar . de auro suo , de ( ) fine marc . pro mar●iagio elizabeth . sororis & haeredis ricardi fil . blene danbenoye habend . sine disparagacione . ita quod denar . illos haberet hîc modo in crastino sancti michaelis praef●tae reginae solvend . sicut contin . inter brevia executa pro praefata regina retornab . hic hoc termino . et ad praedictum crastinum vic. retornavit breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praefati gilberti giffard ad valentiam s. d. de deb . praedict . sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , sicut superius continetur , et denar . praedicti ad ( ) regem de jure ●t non ad alium pertinent ; idem vic. viz. iohannes poyntz oneretur versus regem de s. d. praedict . per ipsum in manum regis sic capt . praetextu re●orn . sui praedicti . praeceptum fuit vic. per breve dat . die iunii anno regi● nunc , quod de bonis & catallis briani de cornub. in balliva sua fieri faceret s. d. quos debet philippa nuper reginae anglia defunctae , de quodam debit . s. d. de auro suo de ( ) fine l. pro licentia adquirendi reversionem maner . de onergorchery & bachalere , & medietat . maner . de worthym cum pertinen . in abberleye ; ita quod denar . illos haberet hic modo in crastino sancti michaelis praefatae reginae solvend . sicut cont . inter brevia executa pro praefata regina retor● . hîc hoc termino : et ad praedictum crastinum vic. retor● . breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praefati briani ad valenciam s. d. sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem d● jure et non ad alium pertinet , idem vic. viz. willielmus careles oneretur versu● regem de denar . praedicti per ipsum in manum regis sic capt . praetextu retorn . sui praedicti . praeceptum fuit vic. per breve dat . die febr. anno . regis nunc , quod de bonis & catallis prioris & conventus de parva malverne in balliva sua fieri faceret s. d. quos debet philippae nuper reginae anglia defunctae de auro suo , de fine mar . pro ( ) licentia appropriandi eisdem priori et conventui et successoribus suis. ecclesiam de whatecote ; ita quod denar . illos haberet hîc modo in crastino sancti michaelis praefat . reginae solvend . sicut cont . inter brevia executa pro praefata regina retornab . hîc hoc termino . et ad praedictum crastinum vic. retornavit breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praedictorum prioris & conventus ad valenc . s. d. praedictorum , sicut continetur in indorsamento brevis praedicti . et quia praefata regina mortua est , sicut superius continetur , et denar . praedict . ad ( ) regem de jure et non ad alium pertinent ; idem vic. viz. edwardus de brugge oneretur versus regem de summis praedictis per ipsum in manum regis sic capt . praetextu retorn . sui praedicti . praeceptum fuit vic. per breve dat . die iunii anno regis nunc . quod de bonis & catallis iohannis payne de dedham in balliva sua fieri faceret s. d. quos debet philippae nuper reginae anglia defunctae de auro suo , de fine marc . ( ) pro bonis et catallis suis rehabend . et per aliud breve dat . die iunii eodem anno . quod de bonis & catallis margaret . quae fuit uxor iohannis de hintercombe chivaler , & henr. de goggeshale chivaler in dicta balliva sua fieri faceret l. quas debent praefatae nuper reginae de auro suo , de fine l. pro ( ) maritagio haeredis iohannis de hintercombe desunct . habend . sine disparagacione . et de bonis & catallis iohannis wayte clerici s. quos debent idem nuper reginae de auro suo , de fine l. pro ( ) licentia concedend . thoma fil . andraae de waldene , quod ipse de quibusdam ten . in stamford ryner● , — & welde feoffare possit praefa● . i●hannem sub dicta forma habend . et per certum breve dat . die iun. dicto anno . quod de bonis & catallis iohannis oliver nuper vic. praedict . com. in dicta balliva sua fieri faceret s. quos debet praefatae nuper reginae de auro suo , de fine l. pro ( ) licencia dandi quaedam ten . cum pertin . in f●lst● de & alibi in com. essex . priori et convent . de l●gh●s , habend . ad manum mortuam . it● quod denar . illos haberet hîc modo in cra●tino s. michaelis praefatae reginae solvend . et ad praedictum crastinum vic. retorn . brevia praedicta , & mandavit , quod cepit in manum regis de bonis et catallis iohannis payne de dedham ad valenciam s. d. et de bonis & catallis henr. de coggeshal● chivaler● ad valenciam l. et de bonis & catallis a●dra● de waldene ad valentiam s. et de bonis & catallis iohannis oliver nuper vic. com. essex & h●rtford . ad valenciam s. sicut continetur in indorsament . brevium praedictorum . et quiae praefata regina mortua est , sicut superius continetur , et denar . praedicti ad ( ) regem de jure et non alii pertinent , idem vic. videlicet iohannes de henxcell oneretur versus regem de summis praedictis per ipsum in manum regis sic capt . praetextu retorn . sui praedict . postea praed . l. atterminantur praefat . margareta , sicut continentur in rotulo de fin. de hoc termino in essex . ideo dict . vic. exoneretur de e●sdem l. & praefat . margar●ta inde versus regem oneretur . praeceptum ●uit vic. glouc. per breve dat . die febr. hoc anno . quod non omitteret propter libertat . de t●●k●●bury & b●rton juxta glouc. quin &c. et de terri● & catallis gilbert● giffard in balliva sua fieri faceret s. d. quos debet nuper reginae angliae consorti regis carissimae defunctae de quodam debit . mar . de auro suo , de fine mar . pro ( ) maritagio elizabeth . sororis et haeredis richardi fil . blen● danb●neye habend . sine disparagacione ; ita quod denar . illos haberet hîc in crastino sanctae trinitatis regi solvend . sicut continet . in ligula brevium de hoc termino . et ad diem praedictum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de terris & catallis praedicti gilberti ad valenciam s. d. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes tracy oneretur versus regem de s. d. praedictis , praetextu retorn . sui praedicti . praeceptum fuit vic. somerset . & dorset . per breve dat . febr. hoc anno . quod de terris & catallis willi●l●i bonevyll , willielmi blaneford , & rogeri gray pleg . praed . willielmi in balliva sua faceret s. de quodam deb . c s. quos debent philippa● nuper reginae anglia consorti regis charissimae defunctae de auro suo , de ( ) fine l. pro , &c. et similiter de terris & catallis thoma de la ber● , ada atte more , iohannis thomere , ivonis childcome , & roberti bourton , ( ) pleg . praedicti thomae in balliva sua fieri faceret l. de quodam debit . marc . quas debent praefatae nuper reginae de auro suo , de fine c. marc . pro ( ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et grabaminibus , unde praedictus thomas de la ber● indictatus est ; ita quod denar . illos haberet hic in crastino sanctae trinitatis hoc termino , regi ibidem so●vend . sicut con● . in ligula brevium de hoc termino . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris et catallis praedicti willielmi bonevyll ad valentiam s. praedictorum , & de terris & catallis praedict . thomae de la bere & ( ) pleg . suorum praedictorum ad valenciam s. d. de debito praedicto● et qui● praefat . regina mortua es●● pro●t superius continetur , et d●n●r , ●●●dict . ad regem et no● ad alium de jure pertinent . ideo ide● vic. viz. ed●●●dus cheyne on●retur versus regem tam de praedictis ● s. quam de praedicti● s. d. praetextu retorn . sui praedicti . praeceptum fuit vic. not. & d●rb . quod de terris & catallis iohannis d● saxton clerici in balliva sua fieri faceret s. de quodam deb . mar . quas debet philipp● nuper reginae a●gl . consorti reg. charissimae defu●●●ae de auro suo , de fine mar . ( ) pro maritagi● haer●d . willielmi de stre●ley● militis habend . &c. ( verbatim as in avrvm reginae page . ) praeceptum fuit vic. per breve dat . die iunii anno regis nunc , quod de bonis & catallis williel●i de bonevill , & willielmi blan●ford , & rogeri gray , ( ) pleg . dicti willielmi in balliva sua fieri facerec c s. quo● debent philippae nuper reginae a●gli● defunctae de auro suo , de fine l. pro ( ) transgressione . et de bonis & catallis iohannis cole de brug●●watr● , & ( ) pleg . suorum s. d. quos de●ent praefatae nuper reginae d● auro suo , de fine marc . ( ) pro vendicione bini cum ta●tell . fecibus et aliis ue●eribus et deb●libus vinis * commixtis , et per excessum et sine gaugea venditi , unde indictatus est . et de ●onis & catallis willielmi ( riche de bruggewatre & ( ) pleg . ●uorum s. d. quos de●ent eidem nuper reginae de auro suo , de fine marc . ( ) pro eadem . et de bonis & catallis willielmi welde , iohannis bruyu , roberti iames , roberti boure , & roberti atte yarde ( ) pleg . ejusdem willielmi c s. quos debent eidem nuper reginae de auro suo , de fine l. ( ) pro ●alsitatibus et deceptionibus per ipsum willielmum factis . et de bonis & catallis willielmi la●genowe , walteri frompton , & richardi barbon . de weymouth , ( ) pleg . praedicti willielmi s. suo● de fine marc . pro ( ) benditione vini non gaugeati . et de bonis & catallis thomae de la bere , ada atte more , iohannis thomere , ivonis de childecome , & bourton● pleg . praedicti thomae marc . quas debent eidem nuper reginae de auro suo , de fine marc . pro ( ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et gravaminibus , unde idem thoma● indictatus est . et per aliud breve dat . dicto die iunii eodem anno . quod de bonis & catallis iohannis de stok● & walteri d● derby nuper ballivorum libertatis praefatae nuper reginae in villa bristoll in dicta balliva sua fieri faceret l. quas debent eidem nuper reginae de l. s. d. de remanen . compoti sui nuper ad scaccarium ejusdem reginae redditi . et per tertium breve dat . die iunii dicto anno regis nunc , quod de bonis & catallis roberti budde & roberti pokeswell ballivorum villae de brudport in dicta balliva sua fieri faceret marc . qua● debent philipp● nuper reginae angliae defunct . de auro suo , de fine marc . pro ( ) licentia dandi quaedam terr . cum pertinen . in brudport cuidam capellano habend . ad manum mortuam . et de bonis & catallis roberti coventr . & lichf . episcopi l. quas debet eidem nuper reginae de auro suo , de fine l. pro ( ) pardonacione transgr . habend . quam fecit adquirendo ●ibi et haeredi●us suis maner . de norton musgrosse , & hundr . de norton , et ea ingrediend . sine licentia regis . et per quac●um breve ●at . die iunii eodem anno ● . quod de bonis & c●t●llis decani & capituli ecclesiae w●ll●● . in dict● b●lliva su● fieri f●ceret s. quos debent prae●●tae nuper reginae de auro suo , de fine l. pro ( ) licentia recipiendi de exe●utoribus walteri de compton quondam ●ivis uillae w●lles quoddam ●urgag . ●t shop●s in welles , eisdem decano et capitu●o per praef●tum walterum legat . et e● re●in●nd . ●●bi et suc●●ss●ri●us ●uis imperpetu●m . it● quod denar . illos hab●●et hic modo in cr●stinum sancti michaelis praefatae reginae solbend . et ad praedictum crastinum vic. retornavit brevia , & mandavit , quod cepit in manum regis de bonis eorundem willielmi donevill , willielmi blan●ford , & roger● gray ( ) pleg . ejusd . willielmi donevill , ad valenti●m s. de debi●o praedicto . et de bonis ●t catallis iohannis c●l● de brugge●atre , & ( ) p●e● . suorum , ad valentiam ● s. d. de debito pr●di●●o . et de bonis 〈◊〉 cat●llis willielmi cr●che de bruggew●●●r & ( ) pl●g . s●orum , ad valentiam s. d. de debito praedicto . et de bonis & cat●llis willielmi w●lde & ( ) pl●g . suorum , ad valenc . s. praedictorum . et de bonis & ●atallis willi●lmi langy●●w & ( ) pleg . suorum , ad valentiam s. d. de debito praedicto . et de bonis & catallis thom● de la bere & ( ) pleg . suorum praedictorum , ad valenciam s. d. de debito praedicto . et de bonis & catallis praedicti iohannis de st●ke ad valenc . s. d. de debito praedicto . et de bonis et catallis roberti de budde et roberti ●okeswell ad val . s. de debito praedicto . et de bonis et catallis roberti co●entr . & lychf. episcopi , ad valenc . s. de debito praedicto . et de bonis & catallis decani et capituli ecclesiae wellen. ad valenciam s. de debito praedicto , sicut continetur in i●dorsamento brevium praedict . et qui●●raefat● regina mortua est , sicut superi●● continetur , et 〈◊〉 pr●di●●i ad ( ) regem de jure et non alii debent p●rtin●re ; idem vic. videlicet edmundus cheyne oneretur versus regem de summis pr●●●●t●● per ipsum in manum regis sic capt . praetextu returni sui praedicti . adhuc brevia returnab . de termino sancti michaelis anno regis edwardi . post conquestum , ( rot. . intrat . ) rex vic. salu●em . praecipimus tibi , quod de bonis & catallis , terris & tenementis roberti n●ylynghurst clerici in b●lliva tua fieri facias s. d● quos deb●t philipp● nuper reginae a●gliae , c●nsorti nostrae ch●rissimae defunctae de auro suo , de fine ro mare● pro ( ) ●●ver●●s transgressionibus et extor●●●ni●●● per ●p●●m ●●●tis , ●t ●●per ipsum 〈◊〉 per populum iohannis de s●dbury , & iohannis 〈◊〉 de 〈◊〉 . et de bonis & c●t●llis , terris & tenementis thom● street clerici , sene●calli iohannis 〈…〉 militi● in dicta balliva tua fieri fac●as l. qu●● debet praefatae nuper reginae de auro s●o , de fine l. pro ( ) divers●● extor●●onibus , dampnis , et gr●vamin● 〈◊〉 ●uper ip●um prae●●ntatis per pop●●um r●geri de harleston , & thom● st●●s● de ass●ewell ; ita quod denarios illos habe●s ad scaccarium nostrum apud 〈◊〉 . in 〈◊〉 s●ncti 〈◊〉 . nobis ibidem solvend . t. t. l●●●l●w● di● octo● . per ro●●lum de fin●bus , ●●it . & 〈◊〉 . & ●a●al● sugitivor●m coram iohann● k●y●e● & sociis suis justi●●●r . ad diversas transgressiones & maleficia in diversis com. audiend . & terminand . a●●●g● . anno . regis nunc . rex vic. salutem . praecipimus tibi , quod de bonis & catallis iohannis repere in balliva sua fieri facias s. quos debet philipp● nuper reginae angli● , consorti nostrae carissimae defunctae de auro suo , de fine l. per populum ricardi stonewey & henrici benedych ; ita quod denarios illos habeas ad scacarium nostrum apud westm. in crastino sancti hillarii nobis ibidem solvend . t. t. de lodelowe die octobr. per rotulum de finibus exit . & amerc . ac catal . fugitivor . coram iohanne knyvet & sociis suis justic. ad diversas transgressiones & maleficia in diversis com. audiend . & terminand . assign . anno . regis nunc . rex vic. salutem . praecipimus tibi , quod de bonis & catallis rogeri de harleston , in balliva tua fieri facias l. s. d. quos debet philipp● nuper reginae angliae , consorti nostrae carissimae defunctae de auro suo , de fine marcarum , ( ) pro divers●s transgressionibus , oppressionibus ambidextris , extortionibus , dampnis et gravaminibus praesentatis ( per populum ) iohannis fernill chivaler , thomae torell , ricardi salyng , simon . sleford de com. cantebr . rogeri berewich , thom● s●leman , rogeri austyn , & stephani de holbourne ; ita quod denarios illos habeas ad scaccarium nostrum apud westm. in crastino sancti hillarii nobis ibidem solvend . t. t. de lodelowe die octobris . per rotulum de finibus , exit . & amerc . ac catallis fugitivorum coram iohanne knyvet & sociis suis justic. ad diversas transgressiones & maleficia in diversis com. audiend . & terminand● assign . anno regis nunc . * de iohanne de stondele s. d. quos debet praefatae philpippae nuper reginae , &c. de auro suo , de fine marc . pro ( ) transgressione venationis in foresta de povesham & molk●stram , unde per cognitionem suam propriam convictus est . communia de termino sancti hillarii anno regis edwardi tertii post conquestum rot. . dorso . in offic. remem . thesaurarii , in scaccario . praeceptum ●uit vic. lincoln . per breve hujus scaccarii dat . quarto die decembr . anno . regis nunc , quod non omitteret propter libertatem honoris de eye , quin ●am ingred . & de terris & catallis edmundi de swynford in balliva sua fieri faceret s. . d. quos debet philippae nuper reginae augliae defunctae , de auro suo de fine marc . pro ( ) pardonacione transgressionis habenda , quam fecit adquirendo sibi et haeredi●us suis ma●erium de harlston quod de rege tenetur in capite , et al●ud ingred●endo sine licentia regis : ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvendos , sicut continetur inter brevia execut● pro rege de hoc termino . et ad praedictum crastinum idem vic. retornavit breve & mand●●●● , quod cepit in manum regis de terris & catallis praedicti edmundi , ad vale●tiam debiti supradicti . et quia praesata regina mortua est , prou● superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. thomas de ful●ethy oneretur versus regem de s. d. praedict . praetextu retorni sui praedicti . adhuc brevia retorn . de termino sancti trinitatis anno regis edwardi tertii post conquestum , in offic. remem . thesaurarii in scaccario regis apud westm. ( rot. . intus ) regina . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua ●ieri faciant debita subscript . videlicet , de bonis & catallis nicholai sarduch mercatoris de lumbard l. quas idem nicholaus debet philippae nuper reginae angli● , consorti regis charissimae defunctae , de avro svo de quodam ( ) fine l. pro pardonacione quorundam contemptuum et transgr . per ipsum nicholaum factorum . de bonis & catallis thomae conbriggs s. d. quas idem thomas debet praefatae nuper reginae de avro svo , de quodam fine marc . pro ( ) licencia dandi et assignandi tria messuagia cum pertin . in paroch . sancti andr●a de holbourn in suburbio london . abbati & conventui de malmesbury , habend . in manum mortuam . de bonis & catallis willielmi ol●eye s. quos idem willielmus debet praefatae nuper r●ginae de avro svo , de quodam fine l. pro ( ) licencia adquirendi unum mess●agium , centum & quadraginta acr . terrae , acr . pasturae , & quadraginta solidat . redditus cum pertin . in parochia sancti egidii lepro●orum extra barram veteris templi london . quae de rege tenentur in capite , habend . &c. et de bonis & catallis prioris & conventus de b●rnewell s. quos idem prior & conventus debent praefatae nuper reginae de avro svo , de quodam fine l. ( ) pro pardonacione forisfactur . et transgr . quas fecerunt , adquirendo quaedam ten. in suburbio london . ●i●i et successoribus habend . ad manum mortuam ; qui quidem denar . occasione mortis ipssus nuper reginae ad manus ( ) regis sunt devoluti : ita quod denarios illos habeant ad scaccarium regis apud westm. in crastino animarum , regi ibidem solvendos . t. t. de lodelowe apud westm. die iulii , &c. per orig . de anno . regis nunc . praeceptum est vic. quod de bonis & catallis prioris ecclesiae beatae maria de wygorn . in balliva sua fieri faciat s. quos debet philipp● nuper reginae angli● , consorti regis charissimae defunctae de avro svo , de quodam fine l. pro ( ) licencia adquirendi sex messuagia , duas carucatas , & tres virgatas terrae , & triginta & unum solidat . & octo denarrat . redditus eum pertin . in wygorn . habend . ad manum mortuam● qui quidem denarii occasione mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti . ita quod denarios illos habeat ad scaccarium nostrum apud westm. in crastino sancti martini , regi ibidem solvend . t. ut supra . per originale de anno re●is nunc . praeceptum suit vic. quod de bonis & catallis● hugonis fil . richardi de saelkeld in balliva sua fieri faciat s. quos debet philippae nuper reginae angli● , consorti regis charissimae defunctae de auro svo , de quodam fine l. pro ( ) pardonacione transgr . quam idem hugo fecit , adquirendo ad totam vitam suam maner . de corkeby , quod de rege tenetur in capite , et illud ingrediendo fine licencia regis ; qui quidem denarii occasione mortis praefatae nuper reginae ad manus regis sunt devoluti : ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . t. ut supra . per origin . de anno ● . regis nunc . ad quem diem vic. non retorn . breve . ideo praecept . ●uit e● sicut ali●s , &c. ita , &c. sicut cont . in memorand . anni sequentis inter brevi● retorn . de termino sancti michaelis , rot. . praecept . fuit vic. quod de bonis & catallis prioris sanctae oxo●● in balliva sua fieri fac . s. quos debet philippae nuper reginae angliae , consorti regis carissimae defunctae , de auro svo , de quodam fine l. pro ( ) licencia adquirendi qua●uor messuagia , quinque shopas , septem acr . prati & di . cum pertin . in suburb . ejusdem villae ; ●abend . ad manum morcuam ; qui quidem denarii , occasione mortis praefatae nuper reginae , ad manus regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastin . animarum , regi ibidem solvend . t. ut supra . per orig. de anno regis nunc . praeceptum ●uit vic. quod de bonis & catallis prioris ecclesiae christi cantuar . iohannis valeys , thomae de welton , walteri da●cre personae ecclesiae de retherfeld , simonis de burgh , & willielmi topclyffs , in balliva sua fieri fa● . l. quas debent philipp● nuper reginae , consorti regis carissimae defunctae de avro svo , de quodam fine marc . pro ( ) custodia temporalium archiepiscopatus cant. nuper vacantis habend . qui quidem denar . occasione mortis praefatae nuper reginae ab manus ( ) regis sunt devoluti ; ita quod denarios illos habeat ad s●accarium regis apud westm. in crastino a●imarum , regi ibidem solvend . teste ut supra . per origin . de anno regis nunc . praecept . fuit vic. quod de bonis & catallis abbatis de michel●eye in balliva sua fieri faciat mar . quas debet philipp● nuper reginae angliae , consorti regis carissimae defunctae de avro svo , de quodam fine . mar . pro ( ) licentia adquirendi sibi et successoribus suis maneria de westernehull● & esternhull cum pertin . habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino martini , regi ibidem solvend . teste ut supra . per origin . de anno regis nunc . praeceptum fuit vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta ; videlicet , de bonis & catallis prioris de penteneye . marc . quas idem prior debet philippae nuper reginae angliae , consorti regis carissimae defunctae de avro svo , de quodam fine marc . pro ( ) licencia adquirendi manerium de north●od●ham , & advocacionem medietatis ecclesiae ejusdem villae habend . ad manum mortuam . et de bonis & catallis willi●lmi de swynflet archidiac . norwicen . in dicta balliva sua fieri faciat s. d. quos idem willielmus debet praefatae nuper reginae de auro suo , de quodam fine marc . pro ( ) licentia dandi duo messuagia , tresdecim solida● . denarrat . redditus , medietatetem unius messuagia in lenne episcopi , magistro hospitalis sancti iohannis de lenne episcopi , habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino s. martini , regi ibidem solvend . t. ut supra . per rot. memorand . de anno r●gis nunc . adhuc brevia retorn . de t●rmino sancta trinitatis anno regis edwardi . in offic. remem . thesaurarii in scacc. praeceptum est vic. quod de bonis & catallis prioris de lanthon . juxta glouc. in balliva sua fieri faciat s. d. qu●s deb●t philipp● nuper reginae angliae , consorti regis carissimae defunctae de auro suo , de quodam fine marc . pro ( ) licentia adquirendi duo mess●agia & tres shopas in villa glouc. habend . ad manum mortuam ; qui quidem denarii , occas●one mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . teste ut supra . per origin . de anno regis nunc . ad quem diem vic. non retorn . breve ; ideo praeceptum ei sicut alias , &c. ita , &c. sicut continetur in memorand . anni sequ . inter brevia retorn . de termino sancti michaelis rot. . praeceptum est vic. quod de bonis & catallis abbatis beatae mariae de derbey● , in balliva sua fieri fac . s. quos debet philippa nuper reginae angliae consorti regi● carissimae defunctae de auro suo , de quodam fine l. pro ( ) licencia adquirendi decem messuagia , unum molendinum , quatuor shopas , sex cottagia , acr . terrae , acr . prati , & solidat . redditus in derb. habend . ad manum mortuam ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvendos . t. ut supra . per origin . de anno regis nunc . praeceptum fuit vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , viz. de bonis & catallis nicholai dand●leye s. d. quos idem nicholaus debet philippae nuper reginae anglia consorti regis carissimae defunctae de auro suo , de quodam fine marc . pro ( ) licentia feoffandi ricardum roberd personam ecclesiae de monyton , & rog●rum naissh personam ecclesiae de petreston de manerio de egemundon , quod de rege tenetur in capite , ●abend . et d● bonis & cat●llis iohannis fil . iohannis boulewas l. quas idem iohannes fil . iohannis debet praefatae nuper reginae de auro suo , de quodam fine l. pro ( ) pardonacione transgr . quam idem iohannes fil . iohannis fecit , alienando maneria de bonlewas in isenbriggs cum pertin . & advocationem dicti manerii de boulewas , quae tenentur de rege in capite siue licencia regis ; qui quidem denar . occasione mortis praefatae nuper reginae , ad manus ( ) regis sunt de voluti ; ita quod denarios illos habeat ad scaccarium regis apud westm. in crastino martini●idem ●idem regi ibidem solvendos . t. ut supra . per origin . de anno regis nunc . ad quem diem vic. non retornavit breve . ideo praecept . ei , sicut alias , &c. ita , &c. sicut continetur in memorand . anni seqn . inter brevia retorn . de termino s. michael● , rot. . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta ; viz. de bonis & catallis g●rardi de braybroks s. quos idem gerardus debet philippae nuper reginae angliae , consorti nost●ae charissimae defunctae de auro suo , de quodam fine l. pro ( ) licentia des●onsandi isabellam , quae fuit uxor iohannis de wodhull , quae de rege tenet in capite . et de bonis & catallis almar . de sancto amando s. quos idem almar . debet praefatae nuper reginae de auro suo , de quodam fine l. pro ( ) pardonac . transgress . habend . quam idem almaricu● fecit feoffando willielmum de muls● & alios de maneriis de h●rlyngdon in dicto com. de bedf. & wastilden in com. berks , quae de rege tenentur in capite ; qui quidem denar . occasione mortis praefatae nuper reginae ad manu● ( ) regis sunt devoluti ; ita quod denarios illos habeat ad scaccarium regis apud westmonaster . in crastino animarum , regi solvend . t. t. &c. per origin . de anno . regis nunc . ( con simile breve pro eodem auro ex●at inter communia de termino s. michaelis an. edwardi . rot. . in eodem officio ; with this addition ; et ad diem illum vic. retornavit breve , & mandavit , quod cepit in manum regis de bonis & catallis praedict . gerardi & almarici , ad valenciam debitorum praedictorum . et quia praefata regina mortua est , sicut superius continetur , et denar . praedict . ad ( ) regem de jure et non alii pertinent ; ideo idem vic. viz. iohannes de aylesbury oneratur versus regem de l. praedict . praetextu retorn . sui praedicti . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , viz. de bonis & catallis rogeri abbatis de neubo s. d. quos idem rogerus debet philippae nuper reginae angliae , consorti nostrae charissimae defunctae de auro suo , de quodam fine marc . pro ( ) licencia adquirendi quatuor messuagia , bovatas terrae , acr . prati & dimid . & duas solidar . redditus , cum pertin . in west-alington , s●gbroks , & alibi in dicto com. lincoln . & in com. not. habend . ad manum mortuam . et de bonis & catallis thomae de mussenden s. quos idem thomas debet praefatae nuper reginae de auro suo , de quodam fine l. pro ( ) licencia dandi manerium de kelsterne , quod de rege tenetur in capite , edmundo fil . ejusdem thomae & iuliana uxori ejus ; qui quidem denar . occasione mortis praefatae nuper reginae ad manus regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium regis apud westm. in crastino sancti martini , regi ibidem solvend . teste t. &c. per origin . de anno regis nunc . praeceptum est vic. quod de bonis & catallis hominum subscriptorum in balliva sua fieri fac . debita subscripta , videlicer , de bonis & catallis walteri de vicewyks s. quos idem walterus debet philippae nuper reginae angliae , consorti nostrae carissimae defunctae de auro suo , de quodam fine l. pro ( ) licentia adquirendi sibi et haeredibus suis viginti mareat . annui . redditus , quas thomas de abberton habuit & percepit de wapentach de langhbergh , quod de rege tenetur in capite . et de bonis & catallis willielmi deynill de tokwiks s. d. quos idem willielmus debet praefatae nuper reginae de auro suo , de quodam fine . marc . pro ( ) licencia dandi quatuor marcat . redditus in tokwyks ad manum mortuam , qui quidem denar . occasione mortis praefa●ae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeat ad scaccarium apud westm. in crastino sancti martini , regi ibidem solvend . t. t. &c. per origin . de anno regis nunc . praeceptum est vic. quod de bonis & catallis frederici de tylneye in balliva sua fieri fac . s. d. quos debet philippae nuper reginae angliae , consorti nostrae charissimae defunctae de auro suo , de quodam fine marc . pro ( ) transgress . et extors . super ipsum praesentatis per populum thomae de thorpe , & alexandri donnvyks ; qui quidem denar . occasione mortis prae●atae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeas ad scaccarium regis apud westm. in crastino sancti martini , regi ibid. solvend . teste t. &c. per rotulum de finibus factis , necnon catallis forisfact . coram rege de terminis paschae & trin. & michaelis , anno regis nunc fact . praeceptum est vic. quod de bonis & catall . rogeri de charlton & elizabeth . uxoris ejus in balliva sua fieri fac . s. d. quos debet philippae nuper reginae angliae consorti nostrae carissimae defunctae de auro suo , de quodam fine marc . & dimid . pro ( ) licencia con●ordandi cum iohanne de stok● , & willielmo de hereford . de lodelowe , de manerio de cyford in com. glouc. maneriis de langenorbe , & wultereton in com. stafford , & de maner . de byllingleye , mylynchope , hungerford , & barwardesleye in com. salop. qui quidem denar . occasione mortis praefatae nuper reginae ad manus ( ) regis sunt devoluti ; ita quod denar . illos habeas ad scaccarium regis apud westm. in crastino sancti martini regi ibidem solvend . t. t. &c. per rotulum de f●nibus & exit . de banco de termino michaelis anno . & terminis hill. & pascha anno regis nunc . ad quem diem vic. non retorn . breve , ideo praeceptum est ei , &c. sicut alias , &c. ita , &c. sicut cont . in memorand● an. sequ● inter brevia retorn . de termino sancti micha●lis , rot. . inter communia de termino sancta trinitatis● anno regis edwardi tertii ( rot . ) in offic. remem . thesaurarii in scacc. praeceptum fuit vic. eborum per breve dat . die aprilis , quod de terris et catallis willielmi de nessefield in balliva sua fieri faceret s. d. de quodam debit . s. quos debet philippae nuper reginae angliae , consorti regis charissimae defunct . de auro suo , de fine l. pro ( ) licentia dandi quaedam terr . et ten . in scotton et thorpe ad manum mortuam . et per aliud breve dat . die febr. supradict . anno . quod de terris & catallis walteri faucomberge in dicta balliva sua fieri faceret l. s. d. de quodam debit l. quas debet praefat . p. nuper reginae de auro suo , de ( ) fine l. pro quibusdam terr . et ten . in westherleseye , burton in kendale , carleton in balno bratthaweyt , & thorneton in the denes forists sibi per regem dat . & concessis . et per tertium breve dat . dicto die aprilis●upradict ●upradict . anno . quod de terris & catallis praedicti willielmi de nessefeld in dicta balliva sua fieri faceret l. s. d. de quodam debit . l. quas debent praefatae nuper reginae de auro suo , de fine l. pro ( ) quibusdam ●err . et ten . in scotton et brereton sibi per regem concessis ; ita quod denar . illos haberet h●c in cr●stino sanctae trinitatis hoc termino regi solvend . et ad diem praedictum praedict . vic. retorn . brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti willielmi de n●ssofeld ad vavalentiam s. d. de debit . praedict . et similiter returnavit , quod cepit in manum dicti domini regis de terris & catallis praedicti walteri de fa●comb●rg● ad valenc . s. de debito praedicto . et quia praefat . regina mortua est , prout superius continetur , et denar , praedict . ad ( ) regem et non ad alium de jure pertinent ; ideo idem willielmus de acon oner●tur versus regem s. d. praedict . praetextu retorn . suorum praedictorum . inter communia de termino s. trinitatis anno regis edwardi . pest conquest . rot. . praeceptum fuit vic. oxon. & berks per breve dat . die febr. anno quod de terris & catallis nicholai carren in quorumcumque manibus existerent in balliva sua fieri faceret s. d. de quodam debit . l. quas debet philippae nuper reginae anglia , consorti regis charissimae defunctae de avro suo , de fine l. pro ( ) maritagio roberti ●●l . et haered . radulphi de turbervyll defuncti habend . sine disparagatione ; ita quod denar . illos habere● hic in crastino sanctae trinitatis hoc termino regi solvend . sicut continetur in ligula brevium de hoc termino . et ad diem illum praedict . vic. returnavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti nicholai ad valenciam s. d. de debit . praedict . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. tho de ●a mare oneretut versus regem de s. d. praedict . praetextu retorn . sui praedicti . inter communia de termino sancti michaelis anno regis edwardi . post conquestum , rot. . praeceptum fuit vic. warr. & l●yc . per breve hujus scaccarii , dat . ● die iunii anno regis nunc , quod de bonis & catallis iohannis damaste & thomae randolphs et de ( ) terris et ten . quae sua fuerunt anno . regis hujus , seu postea in quorumcumque manibus eadem terrae et ten . existerent in balliva sua fieri facere● s. d. quos debent philippa nuper reginae a●glia defunctae de auro suo , de fine . marc . pro ( ) licencia dandi centum solidat . redditus in coventre duobus capellanis habend . ad manum mortuam ; ita quod denar . illos haberet hic in crastino sancti michaelis , anno regis nunc incipiente , praefatae nuper reginae solvend . sicut continetur in ligula brevium de eodem termino . et ad diem illum praedictus vic. retornavit breve , & mandavit , quod fecit return . ejusdem brevis iohanni de toste majori● iohanni de pomtefreyts , & adae de keretleye ballivis libertatis villae de coven●re , qui plenum returnum ejusdem brevis habent , et executionem ejusdem , qui sibi sic respondent , quod ceperunt in manum domini regis de bonis & catallis terris & tenementis praedictorum iohanni● d●maste & thomae randolfs , ad valentiam s. d. et quia praefata regina mortua est , prout superius continetur , et den●rii praedicti ad ( ) regem de jure et non ad alium de jure debent pertinere ; ideo idem major . & ballivi onerentur versus regem de s. d. praedictis praetextu return . sui praedicti praeceptum fuit vic. essex & hertford per breve hujus scaccarii dat . die f●br●arii anno regis nunc , quod de bonis & catallis , terris & tenementi● roberti d● naylynghurst clerici b●lliva sua fieri faceret s. d. quo● debet philippa nuper reginae a●gli● defunct . de auro suo , de fine marc . pro ( ) divers●s transgr . et extortionibus per ipsum factis et super ipsum praesentatis per sacramentum iohannis de su●bury & iohannis siwall de cogges●al● . et per aliud breve dat . die iunii dicto anno . quod de bonis & c●t●llis richardi puncherdon , & de terris & tenementis quae sua fuerunt anno regis hujus , seu ( ) postea in quorumcumque manibus , &c. in dicta balliv● sua fieri faceret cxiii s. d. de reman . marc . quos debent eidem nuper reginae de auro suo , de fine c. marc . pro ( ) maritagio edwardi fil . & haeredis iohan●is de ●enstede , habend . absque disparagatione . et per tertium br●ve dat die iunii anno . quod de terris & cata●lis thom● de colkerks fratris & haeredis ada de colk●rks , nuper ballivi praefatae nuper reginae m●nerii de haverings a●●e b●nre in dicta balliva sua fieri faceret l. in quibus praefatus thomas versus praefatam nuper reginam in vita sua per praedict . adam oneratus fuit ; ita quod denar . illos haberet hîc modo in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege hoc termino . et ad diem illum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis roberti de naylynghurst ad valentiam s. d. pr●dictor . et de terris et catallis praedicti richardi puncherdon ad valentiam s. d. de debito praedicto . et de terris et catallis praedicti thom● de colkerks , ad valentiam s. de debito praedicto . et quia pr●fata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem ●t non ad alium de jure pertinent ; ideo idem vic. rogeru● keterich on●retur versus regem de praedictis s. d. per ipsum in manum regis sic capt . praetextu re●orn . suorum praedict . praeceptum fuit vic. eborum per breve hujus scaccarii dat . die iulii anno regis nunc , quod de bonis & catallis willielmi deynell de tokwyth in balliva sua fieri faceret s. d. quos idem willielmu● debet philipp● nuper reginae anglia defunctae de auro suo , de quodam fine marc . pro ( ) licentia dandi quatuor marcat . redditus in t●kwyth , ad manum mortuam . et per aliud breve dat . primo die octobr. anno . praedicto , quod de terris & cat●llis margaret● quae fuit u●or de — bulmere , & edwardi de frethby firmariorum custod . maneriorum quae sunt de haereditate haeredis dicti radulphi in com. eborum . quae philippa nuper regina a●gliae defuncta tenuit ad terminum vitae suae ex conce●●ione regis in dicta balliva , fieri faceret c l. s. d. ob . quos reg●nae debet de arreragiis firmae praedictae ; ita quod denar . illos haberet hîc in crastino sancti martini hoc termino , sicut continetur in ligula brevium de hoc termino . et ad diem illum praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedictorum margaret● & edwardi ad valenc . c ● . de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et non ad alium de jure pert●nent ; ideo idem vic. viz. willielmu● de acon oneretur versus regem de l. s. d. praetextu retorn . suorum praedict . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . die iulii anno regis nunc , quod de bonis & catallis hominum comitat . northumbr . except . libertat de tyndale , &c. ( as in aurum regina , p. . ) fieri faceret mar . remanen . c. mar . quos debet philippae nuper reginae angliae defunctae de auro suo , de fine m. mar . pro ( ) carta generali habenda . et per aliud breve dat . praedicto die iulii dicto anno . quod non omitteret propter libertatem novi castri super tynam , quin eam ingrederetur , et de bonis & catallis magistri & fratrum hospitalis beatae mariae in le westgate in novo castro super tynam , in dicta balliva sua fieri faceret s. d. de remanen . s. quos debent praefatae nuper reginae de auro suo , de fine l. pro ( ) pardonatione transgr . habenda , quam fecerunt adquirend . quaedam ten. cum pertin . in eadem uilla ad manum mortuam , sine licentia regis ponend . ita quod denar . illos hab . hîc in crastino s. martini hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino . et ad diem illum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manus regis de terris & catallis hominum comitat. northumb. & aliorum post eos in brevi contentorum ad valentiam s. de debito praedicto ; et de terris & catallis praedictorum magistri & fratrum ad valenciam s. d. de deb . praedict . et quia praefat . regina mortua est , prout superius continetur , et denar . praedict . ad regem et non ad alium de jure pertinent . ideo idem vic. viz. ricardus de horsleye oneretur versus regem s. d. praedict . praetextu retorn . suorum praedictorum . inter recorda termino sancti hillarii anno regis edwardi tertii , rot. . dorso . in offic. remem . thesaurarii , in scaccario . praeceptum fuit vic. eborum per breve hujus scaccarii dat . die febr. anno regis nunc , quod de terris & catallis margaretae quae fuit uxor de bulmere . & edwardi de frethebey firmariorum custodiae maneriorum quae sunt de haereditate haeredis dicti radulphi in com. praedicta , quae philippa nuder regina angliae defuncta tenuit ad terminum vitae suae ex concessione regis , in balliva sua fieri faceret l. s. d. ob . de reman . c l. s. d. ob . quos reginae debet de arreragiis firmae praedictae . et per aliud breve dat . die octobr. supradicto anno . quod de terris & catallis willielmi de ness●feld in dicta balliva sua fieri faceret l. de reman . l. quos debet philippae nuper reginae angliae de auro suo , de ( ) fine cc l. pro ( ) quibusdam terris et tenementis in scotton & brereton sibi per regem concessis . et● per tertium breve dat . die octobr. supradict . anno . quod de bonis & catallis walteri de faucombrige in dicta balliva sua fieri faceret s. de reman . l. quas debet praefatae nuper reginae de auro suo , de quodam fine c l. pro ( ) diversis terris et tenementis in diversis villis in com. eborum forisfactis , sibi per regem datis et concessis ; ita quod denar . illos haberet hic in crastino sancti hillarii hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad diem illum praedictus vic. retornavit brevia praedicta , & mandavit , quod cepit in manum regis de terris & catallis praedictorum margareta & edmundi ad valentiam c s. de debito praedicto . et de terris et catallis praedicti willielmi de nessefeld , ad valentiam s. de debito praedicto . et de terris et catallis walteri de fa●comberge ad valentiam s. de debito praedicto . et quia praesata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. iohannis bygod oneretur versus regem de l. praedictis , praetextu retornorum suorum praedictorum . ibidem inter communia de termino sancti hillarii anno regis edwardi tertii , ( rot. . ) praeceptum fuit vic. cant. & hunt. per breve hujus scaccarii dat . die novembr . anno regis nunc , quod de bonis & catallis prioris & conventus de ber●ewell in balliva sua fieri faceret s. quos iidem prior & conventus debent philippa nuper reginae angliae defunct . de auro suo , de quodam fine l. pro ( ) pardonacione forisfactur . et transgressionis quas secerunt , &c. ( verbatim as in avrum reginae . ) praeceptum fuit vic. northt . de bonis & catallis thoma de brauncestre & ag● . uxoris ejus in balliva sua fieri faceret s. de reman . s. quos debent philippae nuper reginae de auro suo , de fine l. pro ( ) maritagio felice ●●l . et unius haeredum hugonis de mussingden habendo , &c. ( verbatim as in my avrvm regiae , p. . ) praeceptum fuit vicecomiti not. & derb. per breve hujus scaccarii dat . die novembris anno regis nunc , quod de terris & catallis roberti de morton & richardi po●trell , firmariorum castri villae & honoris de alto pett● in com. derb. quae philippa nuper regina anglia defuncta tenuit ad terminum vitae suae ex concessione regis in balliva sua fieri faceret l. de reman . l. quas regi debet de arreragiis firmae praedicta . et per aliud breve dat . ● die octobris supradict . anno . quod de bonis & catallis iohannis de saxton in balliva sua ●ieri faceret s. d. de reman . s. d. quos debet praefatae nuper reginae de auro suo , de fine mar . pro ( ) maritagio haeredis willielmi de stredley militis habend . ita quod , &c. ( verbatim as in my avrvm reginae , p. . ) praeceptum fuit vic. lincoln . per breve hujus scaccarii , dat . die novemb. anno . regis nunc , quod de bonis & catallis rogeri abbatis de neubo in balliva sua fieri faceret s. d. quos idem rogeru● debet philippa nuper reginae anglia defunctae de avro svo , de quodam fine marc . pro ( ) licentia , &c. ( verbatim as in my avrvm reginae , p. . ) inter communia de termino paschae anno regis edwardi tertii , post conquestum , ( rot. . ) praeceptum fuit vic. salop. per breve hujus scaccarii dat . die februarii hoc anno . regis nunc , quod de terris & catallis nicholai dandleye in balliva sua fieri faceret s. . d. quos idem nicholau● debet philippae nuper reginae angli● defunctae , de auro suo , de fine marc . pro ( ) licentia feoffandi ricardum roberd personam ecclesiae de mon●ton , & rogerum naish personam ecclesiae de petrestone , de manerio de egemundon , quod de rege tenetur in capite , babend . et per aliud breve dat . praedicto die febr. dicto anno . quod de terris & catallis rogeri de charleton & elizabethae uxoris ejus in dicta balliva sua fieri faceret s. d. quos debet praefatae nuper reginae de auro suo , de quodam fine marc . & dimid . pro ( ) licencia concordandi cum iohanne de stoke & willielmo de hereford de lodelowe de manerio de byford in com. glouc. maneriis de langenorth & walter eton in com. stafford , & de maneriis de billyngleye , milinchope , hungerford , & berwardetleye in praedicto com. salop ; ita quod denar . illos haberet hîc modo in crastino clausi paschae hoc termino regi solvend . sicut cont . inter brevia executa pro rege de hoc termino in salop. et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum domini regis de terris & catallis praedicti nicholai ad valentiam s. d. praedictorum . et de terris & catallis praedictorum rogeri & elizabeth . ad valentiam debi●i praedicti . et quia praefata regina mortua est , prout superius continetur , & denar . praedicti ad ( ) regem et non ad alium de jure pertinent , ideo idem vic. videlicet robertus de kendale oneretur versus regem de s. d. praedictis praetextu retornorum suorum praedictorum . praeceptum fuit vic. eborum per breve hujus scaccarii dat . die ianuarii anno . regis nunc , quod de bonis & catallis willielmi de nessefield in balliva sua fieri faceret l. de remanen . l. quas debet philipp● nuper reginae angli● defunctae , de auro suo , de fine cc l. pro quibusdam terris et tenementis in scotton & brereton sibi per regem concessis . et per aliud breve dat . die & anno praedicto , quod de bonis & catallis walteri fauconberge , in dicta balliva sua fieri faceret s. de reman . l. quas debet praefatae nuper reginae de auro suo , de fine c l. pro quibusdam terris et tenementis in westherlesey● , burton in kendale , carleton in bal●e , braithawe● & thornton in the denis foristes , sibi per regem dat . et concessis ; ita quod denar . illos haberet hic in crastino clausi pascha hoc termino regi solvend . sicut cont . inter brevia executa pro rege de hoc termino . et ad praedictum crastinum vic. retorn . breve praedictum , & mandavit , quod cepit in manum regis de bonis & catallis praedicti willielmi de n●ssefield ad valenciam s. de debito praedicto . et similiter de bonis et catallis praedicti walteri de faucomberge ad valentiam s. et quia praefata regina mortua est , prout superius continet●r , et denar . praedicti ad ( ) regem et non ad alium de jure pertinet , idem vic. viz. iohannes bygod oneretur versus regem de l. praedicti praetextu retornorum suorum praedictorum . praeceptum fuit vic. n●rthumbr . per breve hujus scaccarii dat . die ianuarii anno regis nunc , quod de bonis & catallis hominum com. northumbr . except . liber●at . de tyndale , &c. ( as in avrum reginae , p. . ) fieri faceret marc. s. d. reman . c. mar. quas debet philippae nuper reginae angliae defunctae de auro suo , de fine mar . pro ( ) carta generali habenda ; ita quod denar . illos haberet hic in crastino clausi p●sch● hoc termino regi solvend . sicut continetur in brevia executa pro rege de termino , &c. et ad praedictum crastinum praedictus vic. return . brevia , & mandavit , quod cepit in manum regis de terris & catallis hominum praedictorum in balliva sua ad valenciam l. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. ric●ardus de horsleye oneretur versus regem de l. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. cumbr. per breve hujus scaccarii dat . die febr. hoc anno . quod de terris & catallis hugonis fil . ricardi saw●ld in balliva sua fieri faceret s. quos debet philippae nuper reginae angliae de functae de auro suo , de quodam fine l. pro ( ) pardonatione transgressionis habenda , quam idem hugo fecit adquirendo ad totam vitam suam manerium de cork by quod de rege tenetur in capite , et illud ingrediendo sine licentia regis ; ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvend . sicut continet . inter brevia executa pro rege de hoc termino in cumbr. et ad praedictum cra●tinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris et catallis praedicti hugonis ad valenciam totius d●biti . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. adam parnyngs oneretur versus regem de s. praedictis praetextu retorn . i● praedicti . praeceptum fuit vic. essex . per breve buju● scaccarii dat . die febr. hoc anno . quod de terris & catallis rich●●di p●●chardo● fieri faceret c s. quos debet philippa nuper reginae angli● defunctae de auro suo , de quodam fine c. marc. pro ( ) maritagio edwardi fil . et haeredis iohannis de bensted● habend . absque disparagatione ; ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvend . sicut contin●tur inter brevia executa pro rege de hoc termino . et ad crastinum praedictum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de terris & catallis praedicti nich●lai●d ●d valentiam s. d. de debito praedicto . et quia praefata regina mortua est , ●icut superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. thomas de bassingbourne oneretur versus regem de s. d. praedictis , praetextu retorni praedicti . praeceptum fuit vic. kanc. per breve hujus scaccarii dat decimo die d●c●mbr . anno . regi● nunc , quod de terris & catallis prioris de ledes in balliva sua fieri faceret s. quos debet philippa nuper reginae angliae defunctae de avro svo , de fine l. pro ( ) licentia dandi custodi capellae beatae maria de noue●●● , advocationem medietatis eccl●s●ae de halinghton , et quandam pen●●onem s●x solidorum , et octo denariorum eldem priori de dicta eeclesia debit . habend . et tenend . eidem cus●●di et successoribus suis imperpetuum ; ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de ho● termino in kanc. et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedict . prioris ad valentiam debiti praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. willielmus pympe oneretur versus regem de s. praedictis , praetextu retorni sui praed●cti . praeceptum fuit vic. wygorn . per breve hujus scaccarii dat . die febr. hoc anno . quod de terris & catallis prioris ecclesiae beatae mari● de wygorn . in balliva sua fieri faceret s. quos debet philippae nuper reginae angliae defunct . de auro suo , de fine l. pro ( ) licencia adquirendi sex messuagia , duas carucatas , & tres virgatas terrae , triginta & unam solidat . & octo denar . reddit . cum pertin . in wygor● . habend . ad manum mortuam ; ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in wygorn . et ad praedictum crastinum praedictus vic. retornavit● breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti prioris ad valentiam debiti ; et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. ricardus rynhale oneretur versus regem de s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. somerset & dorset per breve hujus scaccarii da● . die febr. hoc anno . quod de terris & catallis thomae de la bere & ( ) plegiorum suorum in bulliva sua fieri faceret l. de reman . marc. quas idem thomas debet philippae nuper reginae angliae defunctae , de● auro suo , de fine c. marc. pro ( ) diver●is transgressionibus , extorcionibus , oppressionibus , conspirationibus , manu●enentiis et gr●vaminibus unde praedictus thomas de la b●re indictatus est . et per aliud breve dat . die ianuarii dicto anno . quod de terris & catallis abbatis de michelneye in dicta balliva sua fieri faceret mar. de reman . mar. quas debent praefatae nuper reginae d● avro svo , de fine c. marc. pro ( ) licencia adquirendi sibi et suceessoribus suis maneria de westernehull & easternhull cum pertin . habend . ad manum mortuam . ita quod denar . illos haberet hîc in crastino clausi paschae hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in somerset & dorset . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti thomae de la bere & ( ) plegiorum suorum praedictorum ad valentiam s. d. et de bonis & catallis praedicti abbatis de michelneye ad valentiam s. d. debitis praedictis . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem , et non ad alium de jure pertinent ; ideo idem vic. viz. willielmus winterbourne oneretur versus regem de s. praedictis , praetextu retornorum suorum praedictorum . consimile breve versus eosdem inter recorda termino sancti hillarii , rot . . inter communia & recorda de termino sancta trinitatis , anno regis edwardi tertii post conquestum ( rot. . intus . ) praeceptum fuit vic. norff. per breve hujus scaccarii , dat . die maii hoc anno . quod de bonis & catallis willielmi de swynflet archidiaconi norwic. in balliva sua fieri faceret● s. d. quos idem willielmus debuit philipp● nuper reginae anglia defunctae de auro suo , de quodam fine marc . pro ( ) licentia ●●ndi duo messuagia , tresdecim solidat . & quatuor denar . redditus , & medie●●tem unius messuagii in lenn● episcopi , magistro hospital . sancti iohannis de lenne episcopi , habend . ad manum mortuam ; ita quod denarios illos haberet hîc in crastino sancti iohannis baptist● regi solvendos ; sicut continetur inter brevia executa pro rege de hoc termino paschae hoc anno . in norff. & suff. et ad diem praedictum praedictus vic. non retornavit breve , sed praedictus willielmus venit hîc in propria persona sua , & cognovit ●e debere regi s. d. praedictos , & se velle onerari erga regem de ●isdem s. d. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem willielmus oneretur versus regem de s. d. praedictis , praetextu cognitionis suae praedictae . it is to be observed , that in several rolls in the lord treasurers remembrancers office , annis , , , , , & e. ● i finde d● onerando , i. s. &c. de auro reginae in the margin of the rolls , when as the rolls and records themselves are only for arrerages of rent of a farm , or some other debt due to the queen ; as inter recorda & communia de termino s. michaeli● anno e. . post conquestum , ( rot. . ) in officio rem● thesaurarii in scac. somerset & dorset . ss . de onerando joh●nnem delavall firmar . maner . de gillingham de auro reginae , de arreragiis firma ejusd . man●rii : & rot. . london . de onerando willielmum walworth & robertum cayton vic. de avro reginae , when as it was only for a debt of l. due to her . so in several other rolls of like nature . inter recorda de termino s. mich. an. e. . in offic. rem . thes. in scacc. praeceptum fuit vic. essex & hertford per breve hujus scaccarii dat . die febr. anno regis nunc , quod de bonis & catallis thom● strete , clerici , &c. fieri faceret l. quas debet philippae nuper reginae angli● defunctae de auro suo , de quodam fine l. pro ( ) diversis extortionibus , dampnis , et gravaminibus super ipsum praesentatis , &c. v●rbatim a● in my aurum reginae , p. , . praeceptum fuit vic. essex & hertford . per breve hujus scaccarii dat . die novembr . anno . quod de bonis & catallis richard● pun●herdo●● in balliva sua fieri faceret s. d. quos de●et philpp● nuper reginae angli● defunctae de auro suo , de reman . marc . de quodam fine c. mar. pro ( ) maritagio edwardi filii et haeredis iohannis de bensted habend . absque disparagation● , &c. verbatim , as in my aurum reginae , p. . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . die iunii anno regis nunc , quod de bonis & catallis hominum comit●t . northumbr . except . libertatibus de tyndale , &c. fieri faceret l. s. d. de remanen . c. mar . quas debet philippae nuper reginae angli● d●●●nctae de auro suo , de quodam fine m. mar . pro ( ) carta generali , &c. ( verbatim as in aurum regin● , p. . ) praeceptum fuit vic. lincoln . per breve hujus scaccarii dat . die octobr. anno regis nunc , quod de bonis & ca●allis willielmi parsonae ecclesiae de le●i●gham , ad● de du●sto● capellani , & r●geri barbatoris ( ) pleg . praedicti willielmi in balliva sua fieri faceret s. quos debet philippa nuper reginae angliae defunctae , de auro suo , de quodam fine l. pro licentia assignandi quaedam ten . cum pertin . in suburbio lincoln . priori & conventui de notton parks , habend . ad manum mortuam ; ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in lincoln . et ad praedictum crastinum sancti michaelis praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum domini regis de terris & catallis praedicti willielmi & aliorum praescriptorum in balliva sua , ad valenc . totius debiti praedicti . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. thomas de ful●etby oneretur versus regem de s. praedictis , praetextu retorni sui praedicti . praeceptum est vic. eborum per breve hujus scaccarii dat . decimo di● iunii , anno . regis nunc , quod de terris & catallis willielmi de nessefeld in balliva sua fieri faceret l. de reman . l. quos debet philipp● nuper regin● angliae defunctae , de auro suo , de quodam fine cc l. pro ( ) quibusdam terris et tenementis in scotton & brereton sibi per regem concessis ; ita quod denar . illos hab . hîc in crastino s. michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum suncti michaelis praedictus vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedicti willielmi ad valenciam s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict . ad ( ) regem et no● ad al●um de jure pertinent ; ideo idem vic. viz. iohannes bigod oneretu● versus regem de s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. essex . & hertford per breve hujus scaccarii dat . die novemb. anno regis nunc , quod de bonis & catallis petronillae quae fuit uxor iohannis de benstede chivaler in balliva sua fieri faceret s. quos debet philippa nuper reginae a●glia de●●●c●ae de auro suo , d● fin● ubicum●u●●oluerit● ita quod denar . illo● haberet hic in crastino sancti mich●●li● hoc termino regi solv●ndos , sicut continetur inter brevia executa pro rege de hoc termino , in essex . & hertford . et ad praedictum crastinum sancti michaelis pr●dictus vic● retornavit breve , & mandavit , quod cepit in manum regis de terris & catalli● praedictae p●tronilla ad valenciam totius debiti . ●t quia praefata regina mortua e●t , prout superius continetur , et dena● . praedi●● . ad ( ) ●egem de jure et non ad ali●m pertinent ; ideo idem vic. viz. thomas de bassingbo●r●● oneratur versus regem de s. praedictis praetextu retorni sui praedicti . praeceptum fuit vic. norff. & suff. per breve hujus se●cearii dat . die iulii anno regis nunc , quod de terris & catallis iohanni● h●lbroks in balliva sua fieri faceret s. quos debet philippa nuper reginae angli● defunctae de auro suo , de fine l. pro ( ) pardonatione transgress . habend . quam fecit adquirendo ad totam vitam suam manerium de congagh & illud ingrediendo ●●ne licentia regis . et de terris & catallis prioris sanctae trinitatis de gyrpewic● s. d. quos de●●t eidem nuper reginae de auro suo , de fine mar. pro ( ) licentia adqui●end● g●ae aeras terrae in risshemere , ●adend . ad manum mortuam . et de terris & catallis radulphi de hem●n●ale s. d. quos debuit eidem nuper reginae de auro suo , de fine marc. pro ( ) duobus brevibus habend . ita quod denar . illos haberet hîc modo in crastino sancti michaelis hoc termino regi solvendos , sicut contin●tur i●ter brevia executa pro rege de hoc termino in norff. & suff. et ad praedictum crastinum praedictus vic. r●torh●vit breve & mandavit , quod cepit in manum regis de terris & catallis praedictorum iohannis holbroks , priori● sanctae trinitatis de girp●wic● , & radulphi de hemenhal● , ad valenc . debitorum praedictorum . et quia praefata regina mortua est , prout superius contine●ut , ●t denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vicecomes videlicet edmundus de thorpe oneretur versus regem de s. d. praedictis praetextu retorni sui praedicti . praeceptum fuit vic. norff. & suff. per breve hujus scaccarii , dat . die i●lii anno regis nunc , quod de bonis & catallis iohannis gower in balliva sua fieri faceret s. d. quos debuit philipp● nuper reginae angli● defunctae de auro suo , de fine mar. pro ( ) pardonation● transgr . habenda , quam fecit adquirendo sibi et haeredibus suis manerium de regis● i●a quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in norff. & suff. et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod fecit retornum ejusdem brevis radulpho de waltham senescallo liber●atis sancti edmundi , qui habet returna brevium & executiones eorundem ; qui q●idem ballivus sibi respond . quod cepit in manum regis de terris & catallis praedicti iohannis gower , ad valentiam s. d. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure debent pertinere ; ideo idem senescallus oneretur versus regem de s. d. praedictis praetextu returni sui praedicti . praeceptum fuit vic. somerset & dorset per breve hujus scaccarli dat . die f●br . anno regis nunc , quod de bonis & catallis thomae de la ber● , ada att● more , iohannis thomere , ivonis de childecome , & roberti bourton , ( ) pleg . praedicti thom● in balliva sua fieri faceret . s. d. de reman . mar. quas debet philippae nuper reginae angliae defunctae , de auro suo , de fine c. marc. pro ( ) diversis transgressionibus , extortionibus , oppressionibus , conspirationibus , manutenentiis et grabaminibus , undapraedictu● th●mas de la bere indictatus extitit . et per aliud breve hujus scaccarii similiter dat . die iun. dicto anno . quod de terris & catallis abbatis de michelneye in dicta balliva sua fieri faciat s. de raman . mar. quas debet praefatae nuper reginae de avro svo , de quodam fine c. mar. pro ( ) licentia adquirendi sibi et successoribus suis maneria de w●sternehull & esternhull cum pertin . habend . ad manum mortuam . et per tertium breve dat . decimo die maii praedicto anno . quod de terris & catallis iohannis delavall firmar . villae de berton de gillingham in com dorset , quas praefata nuper regina tenuit ad terminum vitae suae ex concessione regis , in balliva sua fieri faceret l. ob . de reman . l. ob . quos regi debet de arreragiis firmae praedictae . ita quod denarios illos haberet hîc crastino sancti micha●lis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in somerset & dorset . et ad● praedictum crastinum praedictus vic. retornavit brevia praedicta , & mandavit , quod cepit in manum regis de terris & catallis praedicti thomae de la ber● , ad valentiam s. d. de debito praedicto . et de terris & catallis praedicti abbatis ad valenciam s. de debito praedicto . et de terris & catallis praedicti iohannis delavall ad valenciam s. de debito praedicto . et quia praefata regina mortua est , pro-ut superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. willielmus winterbourn oneretur versus regem de s. d. praedictis in manum regis separatim capt . praetextu retorn . suorum praedictorum . ibidem inter communia de termino sancti hillarii anno regis edwardi tertii , post conquestum ( rot. . dorso . ) praeceptum fuit vic. eborum per breve hujus scacc. dat . die octobris , anno regis nunc , quod de bonis et catallis willielmi de nessefield , et de ( ) terris et tenementis quae sua fuerunt anno regis nunc et postea , in dicta balliva sua fieri faceret l. de reman● l. quos debet philippae nuper reginae angliae , defunct . de auro suo , de fine cc l. pro ( ) quibusdam terris et ten . in scotton et brereton sibi per regem concessis ; ita quod denar . illos haberet hîc in crastino sancti hillar . hoc termino regi solvend . sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum sancti hillarii , praedictus vicecomes returnavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti willielmi de nessefeld ad valenciam totius debiti supradicti . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. videlicet robertus de roos oneretur versus regem de l. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . die octob. anno . regis nunc , quod de bonis & catallis hominum com. northumb. except . libertatibus de tyndale , &c. ( as before ) fieri faceret l. s. d. de reman . c. marc . quas debent philipp● nuper reginae angliae defunctae , de auro suo , de fine m. mar . pro ( ) carta general● habenda . et per aliud breve hujus scaccarii , dat . decimo die decemb. praedict . anno . quod de bonis & catallis walrani de lamleye , roberti bertram , rob●rti e●gle , roberti de shilnyngton , roberti de musgrave , hug●nis de appelby , gilberti de mitford , iohannis de loveleye , & willielmi de blacklamb , ( ) pleg . praedicti walrani , & terris & tenementis ●orundem in dicta balliva sua fieri faceret s. d. de reman . mar . quos debet praefatae nuper reginae de auro suo de fine cccc mar. pro. ( ) transgress . oppression . et extors●on . per praedict . walranum factis ; ita quod denarios illos haberet hîc in crastino sancti hillar . hoc anno regi solvendos . et ad praedictum crastinum sancti hill. praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum & ( ) pleg . suorum ad valenciam l. et de bonis & catallis praedicti walrani de laml●ye , & ( ) pleg . suorum praedictorum , ad valenciam s. d. de debitis praedictis . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. robertus de umframvyll oneretur versus regem de l. s. d. praedictis , praetextu retornorum suorum praedictorum . inter recorda de termino sancti michaelis anno regis edwardi tertii post conquestum , in officio remem . thesaurarii in scaccario , ( rot. . intus . ) memorand . quod praeceptum fuit vic. eborum per breve hujus scaccarii dat . die aprilis anno regis nunc , quod de bonis & catallis petri de rouche , et de ( ) terris et tenementis quae sua fuerunt anno . regis nunc et postea , in balliva sua fieri faceret s. d. quos debet philipp● nuper reginae anglia de●unctae , de auro svo , de fine marc . pro ( ) quibusdam terris et tenementis in dyghton for . sibi per regem datis et concessis . et per aliud breve hujus scaccarii , dat . decimo die novembris anno regis nunc , quod de bonis & catallis anabillae filiae roberti de marrays de lakenby in clyveland in dicta balliva sua fieri faceret s. quos eadem anabilla debet praefatae nuper reginae de auro svo , de fine l. pro ( ) pardonati●ne transgr . habenda , quam fec . adquirendo quaedam t●n . cum pertinen . in estermm● , quae de rege tenentur in capite , habenda ; ita quod denar . illos haberet coram baronibus hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia ex●cuta pro rege de hoc termino in eborum . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit , quod cepit in manum regis de terris & catallis praedicti petri de rouche , ad valenciam s. d. praedictorum . et de terris & catallis praedictae anabillae , ad valenciam s. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. robertus de roos oneretur versus regem de s. d. praedictis , praetextu retornorum suorom praedictorum . inter recorda de termino paschae anno edwardi tertii post conquestum ( rot. . intus ) in offic. remem . thesaurarii in scac. praeceptum suit vic. bristoll per breve hujus scaccarii die februarii hoc anno . quod de bonis & catallis iohannis ken , thom● paves junioris , nicholai paves , & thomae de coventre de bristoll , i●hannis castleacre , iohannis batle de bristoll , & willielmi iageronn ( ) pleg . praedicti iohannis ken , et de terris et tenementis quae sua fuerunt anno . regis nune et postes , in balliva sua fieri faceret svo● de fine l. pro ( ) dibertis transgressionibus , conspiracionibus , extorsionibus , dampnis et gravaminibus super ipsum praesentatis ; ita quod . &c. ( verbatim , as in my aurum reginae , p. . ) praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . die novembr . quod de bonis & catallis hominum ejusdem com. exceptis libertatibus de tyndale , &c. ut supra , fieri faceret l. de reman . c. marc. quas debent philippae nuper reginae a●glia defunctae de auro svo , de fine m. marc . pro ( ) carta generali habenda . ita quod denar . illos haberet hîc in crastino clausi pascha hoc termino regi solvendos , sicut continetur inter brevia executa de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum & ( ) plegiorum suorum , ad valencian l. de debito praedicto . et qu●a praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes de fenwiks oneretur versus regem de praedictis l. praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . sicut plur . per breve hujus scaccarii dat . decimo die febr. hoc anno . quod de bonis & catallis walrani de lamley , roberti bertram , roberti de ogle , roberti swillington , roberti de musgrave , hugonis de appelby , gilberti de misford , iohannis de lomley , & willielmi de blacklamb , pleg . praedicti walrani , et de ( ) terris et ten . quae sua fuerunt anno . regis nune et postea , in quorumcumque manibus tunc extiterent in balliva sua , fieri faceret s. d. de reman . l. marc . quas debet philippae nuper reginae anglia de auro suo , de fine cccc● marc . pro ( ) transgr . oppress . extortion . per praedict . walranum factis ; ita quod denar . illos haberet hîc in crastino clausi pasch● hoc termino regi solvend . sicut contine●ur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti walrani & ( ) pleg . sitorum praedictorunt , ad valencian s. d. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedict ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. iohannes de fenwiks oneretur versus regem de s. d. praedictis , praetextu retorni sui praedicti . inter recorda de termino sancti michaelis anno regis edwardi tertii post conqu●stum ( rot. . intus ) in offici● rem . thesaurarii in scac. praeceptum est vic. lincoln . per breve hujus scaccarii dat . sexto die octobr. anno . regis nune , sicut plur . quod non omit . propter libertates wappent . de well . & gaynesburgh , quin ●as ingred . & de bonis & catallis iohannis darcy le piere , & de terris et ten . quae sua suerunt anno vices●mo regis nunc , s●u ( ) postea in quorumcunque manibus , &c. in balliva sua fieri faceret marc . quas debent philippae nuper reginae angliae defunctae , de auro suo , de reman . c. marc . de quodam fine m. marc . pro ( ) maritagio iacobi le botiller nuper comitis dormond habend . ita quod denar . illos hab . hîc in crastino s. michaelis hoc termino regi solvend . sicut continetur inter brevia execut● pro rege de hoc termino in lincoln . et ad praedictum crastinum praedictus vic. retornavit brevia sua , & mandavit quod cepit in manum regis de bonis & catallis philippi darcy fratris & haered . iohannis darcy , fil . & haered . iohannis darcy le piere , invent . in terris & ten . quae fuerunt praedicti iohannis darcy le piere , ad valenciam c s. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes hode oneretur versus regem de c s. praedictis , praetextu retorni sui praedicti . praeceptum fuit vic. northumbr . sicut plur . per breve hujus scaccarii dat . quinto die iunii anno regis nunc , quod de bonis & catallis hominum ejusdem com. northumbr . except . libertat . de tyndale , &c. ut supra . fieri faceret l. de reman . c. mar. quas debent philippae nuper reginae anglia defunctae de auro suo , de fine m. marc . pro ( ) carta general● habenda ; et per aliud breve similiter hujus scaccarii , dat . quarto die iulii dicto anno . quod de bonis & catallis walrani de lamley , roberti bertram , roberti ogle , roberti de swillington , roberti de musgrave , hugonis d● appelby , gilberti de mitford , iohannis de lomley , & willielmi de blacklamb , ( ) pleg . praedicti walrani , in balliva sua sieri faceret ● . de reman . marc . quos debent praefatae nuper reginae defunctae de auro suo , de quodam fine cccc marc . pro ( ) divers●s transgr . oppression . et extortion . per praedictum walranum factis ; ita quod denar . illos haberet hic in crastino sancti michaelis hoc termino regi solvendos . sicut continetur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum praedictus vic. return . brevia , & mandavit , quod cepit in manum regis de terris & catallis praedictorum hominum , ad valenciam s. de debito praedicto . et de bonis & catallis praedicti walrani & ( ) pleg . suorum , ad valenciam s. praedictorum . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent . ideo idem vic. viz. iohannes de fenwicks oneretur versus regem de s. praedictis , praetextu retornorum suorum praedictorum . inter recorda de termino sancta trinitatis , anno regis edwardi tertii post conquestum ( rot . intus ) in offic. remem . thesaurarii in scacc. memorand . quod praeceptum ●uit vic. northumbr . per breve hujus scacccarii dat . die iannarii ultimo praeterito , sicut pluries , quod de bonis & catallis hominum com. northumbr . exceptis libertatibus de tyndale , &c. ut supra . fieri faceret l. de reman . c. marc . qu●● de●●t philipp● nuper reginae angliae defunctae de auro suo , de fine m. mar . pro ( ) carta generall habenda ; ita quod denarios illos haberet hîc in crastino claus● pascha ultimo praeterito regi solvendos , sicut continetur in ligula brevium de eodem termino paschae . et ad praedictum crastinum praedictus vic. retornavit breve , & mandavit quod cepit in manum domini regis de bonis et catallis praedicti roberti vmframvyll & aliotorum praescriptorum , ad vulenciam c s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vic. viz. thomas de ilderton oneretur versus regem de c s. praedictis praetextu retorni sui praedicti . memorand . quod praeceptum fuit vic. northumb. per breve hujus scaccarii dat . tertion die decembr . ultimo praeterito , sicut pluries , quod de bonis & catallis iohanna quae fuit uxor thomae de heton , willielmi heroun chivaler , edwardi de letham chivaler , & thoma de clifford , ( ) pleg . praedictae iohannae , et de terris et tenementis quae sua suerunt anno regi● nunc , sue ( ) postea in quorumcumque manivus eadem terr . et ten . tunc 〈◊〉 sterent , in balliva sua fieri faceret marc . quas debet philippa nuper reginae anglia defunctae de auro suo , de fine c. marc. pro ( ) maritagio haeredis praedicti thomae de heton habend . ita quod denarios illos haberet hîc in crastino sancti hillarii ultimo praeterito regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino sancti hillarii . et ad praedictum crastinum praedictus vic. returnavit breve , et mandavit , quod cepit in manum regis de bonis & catallis praedicti willielmi heroun , & de terris & tenementis praedicti ejusdem willielmi , ad valentiam s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denar . praedicti ad ( ) regem et non ad alium de jure pertinent ; ●deo idem vic. viz. thomas de ilderton oneretur versus regem de s. praedictus , praetextu retorni praedicti . memorand , quod praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . decimo die iulii anno . regis nunc , sicut plur . quod de bonis & catallis hominum dicti com. northumbr . exceptis libertatibus de tyndale , &c. ut supra , ( ) pleg . praedictorum hominum , in balliva sua fieri ●●cer●● l. de reman . c. marc . quas debuerunt philipp● nuper reginae angliae d●●●nctae de auro suo , de fine m. marc . pro ( ) carta general● babenda . ita quod denarios illos haberet hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in northum● . et ad pr●●dictum crastinum praedictus vic. retorn . breve , & mandavit , quod cepit in manum domini regis de terris & catallis hominum praedictorum ad valenciam l. de debito praedicto . et quia praefata ●egi●● mortu● est , prout superius continetur , et d●narii praedicti ad ( ) regem et non ad alium de jure pestinent , ideo idem vic. viz. bertram●s de mo●bo●cher oneretur versus regem de l. praedictis , praetextu re●orni sui praedicti . in the reign of king richard the . i found these fresh presidents concerning queen-gold in the treasurers remembrancers office in the court of exchequer . inter communia de termino paschae anno prim● regis richardi secund● rot. . in offic. remem . t●es●●●●rii in sen● . anno r. . praeceptum fuit vic. ebor●m . per breve hujus sc●ccarii dat . tertio die febr. ultimo praeterito , sicut pluries , quod non omitte● propter libertatem de richmond . quin ●am● &c. et de bonis & catallis wal●●ri de vice●iks in balliv● sua fieri faceret s. quos dictus wal●●r●● de●et philippae nuper reginae angliae de fun●tae , de auro suo , de quodam fine ● l. p●o ( ) licentia adquire●di sibi & haeredibus ●u● viginti mar●at . annui ret●di● . quas thomas de albert●n habuit & percepit de wappent . de langhb●rgh , quod de rege tenetur in capite , qui quidem denar . ad manus domini edwardi nuper regis angli● avi domini regis nunc , occas●one mortis praefatae nuper r●ginae hebonerunt , et jam ad ( ) manus domini regis nunc per mortem dicti regis avi devolvuntur ; ita quod denar . illos haberet hi● in cra●tino clausi pasch● hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in eborum . et ad praedictum crastinum praedictus vic. retornavit breve & mandavit , quod cepit in manum domini regis de terris & catallis dicti walt●ri de vicewicks in balliva sua ad valentiam s. praedictorum . et quia praefata nuper regina mortua e●t , pro●t superius continetur , & denar . praedicti ad ( ) dominum regem et non ad alium de jure pertinent , ideo idem vic. videlicet iohannes constable de halaham oneretur versus regem de s. praedictis , praetextu retorni sui praedicti . inter communia de termino sancti michaelis , anno secundo regis richardi secundi , rot. . anno r. . praeceptum fuit vic. glouc. per breve hujus scaccarii , dat . die octob. anno primo regis nunc , sicut pluries , quod de bonis & catallis thoma moigne , & de ( ) terris at ten . quae sua fuerunt anno regni domini edwardi nuper ●●gis a●gliae abi domini regis nunc , seu postea in quorumcum●ue manibus eadem terr . et ten . tunc extiterunt , in balliva sua fieri faceret l. s. d. pro ( ) maritagio haered . radulphi de bromhull , roberti robelyn , & willielmi malenfant infra aetatem , & in custod . dicti regis avi existen . habend . qui quidem denar . ad manus dicti regis avi per mortem praefatae nuper reginae fuerunt devoluti , et jam ad manus dicti domini regis nunc per mortem dicti regis abi devolvuntur ; ita quod denarios illos haberet hic in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino . et ad praedictum crast●num vic. retornavit breve & mandavit , quod cepit in manum domini regis de bonis & catallis thomae moig●● supradict . ad valenciam s. de debito praedicto . et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure pertinent ; ideo idem vicecomes videlicet thomas br●dewell oneretur versus regem de s. praedictis praetextu recorni sui praedicti . praeceptum fuit vic. northumbr . per breve hujus scaccarii dat . die iunii anno primo regis nunc , sicut pluries , quod de bonis & catallis hominum dicti comitat. northumbr . except . libertatibus de tyndale , exham , bedlingtonshire in villa novi castri super tynam , roberti vmframvyll chivaler , alani de heton chivaler , he●r . de haverington , &c. ( ) pleg-praedictorum hominum , in balliva sua fieri faceret l. de remanen . c. mar . quas debent philippae nuper reginae angliae defunctae de au●o suo , de fine m. mar . pro ( ) carta generali habenda ; qui quidem denar . ( ) occas●one mortis praefatae nuper reginae ad dom. edwardum nuper regem angl. avum domini regis nunc fuerunt devoluti , et modo ad manus domini regis nunc per mortem dicti regis abi devolvuntur . ita quod denarios illos haberet hîc in crastino sancti michaelis hoc termino regi solvendos , sicut continetur inter brevia executa pro rege de hoc termino in northumbr . et ad praedictum crastinum vic. retornavit breve , & mandavit , quod cepit in manum domini regis de terris & catallis praedictorum hominum ad valentiam s. de debito praedicto . et quia praefata regina mortua es● , prout superius continetur , et ●enar . praedicti ad ( ) regem et non ad alium de ●ure pertinent ; ideo idem vic. viz. bertramus monboucher oneretur versus regem de s. praedictis , praetextu retorni sui praedicti . inter recond● de termino sancta trinitatis , anno tertio regis richardi secundi , rot. . in offic. remem . thesaurarii in scacc. anno r. . praeceptum fuit vic. eborum per breve hujus scaccarii dat . . die maii hoc anno tertio , sicut pluries , quod non omittet propter libertatem iohannis ducis lanc. quin ●am , &c. et de bonis & catallis iacobi pykeryng militis , et de terris et tenementis ( ) quae sua fuerunt anno regni domini edwardi nuper regis angliae avi regis ●ujus . seu postea in quorumcumque manibus eadem terr . et ten . tunc existent . in balliva sua fieri faceret marc . quas debet philippae nuper reginae angli● defunctae , de auro suo , de fine c marc . pro ( ) custodia omnium terrarum et ten . cum pertin . in wyndlegh in com. praedict . quae fuerunt thom● de haveryngton chivaler defuncti , habend● usque ad legitimam aetatem haered . praedicti thomae , una cum maritagio ejusdem haeredis sine disparagatione ; qui quidem denar . ad dictum regem , occasion● mortis praefatae nuper reginae fuerant devoluti ; ita quod denar . illos haberet hic in crastino sancti iohannis baptistae hoc anno regi solvendos , sicut contnetur in ligula brevium de hoc termino . et ad p●aedictum crastinum praedict●s vic. viz. iohannis sayvill retornavit breve , & mandavit , quod cepit in manum regis de terris & catallis praedicti iac●bi pyk●●yng ad valentiam s. de debito praedicto : et quod non invenit plura bona ●eu catalla , &c. et quia praefata regina mortua est , prout superius continetur , et denarii praedicti ad ( ) regem et non ad alium de jure p●rtinent ; ideo id●m v●c . viz. praedictus iohannes sayvyll oneretur versus regem de s. praedictis praetextu cogn . suae praedictae . from all ●he premised writs and records , to which perchance sundry more of a like , but few or none of a different nature , might be added in these and succeeding kings reigns , ●pon further search into the files and bundles of writs issued to , and returned by sheriffs , for levying of this duty , ( which are generally either mislayd , lost , or neglected as uselesse , and very tedious exactly to peruse● ) i shall deduce these observations and conclusions naturally arising from them . . that avrvm reginae was a most antient royal prerogative , debt , duty , and revenue belonging to our queen-consorts out of all voluntary fines , obl●tions to , compositions or contracts , made with our kings during th●ir respective mariages and covertures , if they were of or above the value of ten marks . . that avrvm reginae was one full tenth part over and above the entire fine , oblation to , or composition , contract made with the king , to wit , one mark for every ten marks , and one pound for every ten pounds , paid or payable to the king in moneyes , either in masse or in coine ; and so proportionably for any greater summes . ly . that it was due out of all fines , oblations , compositions for grants of lands , liberties , and the custody of the lands , bodies , or mariages of wards without disparagement ; for licenses to alien , morgage , or purchase lands held in capite of the king , or rents issuing out of them ; for licenses to alien , purchase , or receive any lands , houses , rents , advowsons , churches or chappels in mortmain to or by any religious houses , hospitals , parsons , prelates , or other ecclesiastical or civil corporations ; for licenses to marry the kings wards or widdowes ; for grants , liveries , and restitution of lands , goods or chattels out of the kings hands , when seised by reason of vacancies of bishopricks or monasteries , or for wardships , or for contempts or forfeitures , yea for fines for original writs and concords . ly . for fines , compositions , ransoms for , and pardons of all sorts of trespasses and offences ; as , alienations or purchases of lands held of the king in capite : or granting , purchasing , receiving lands , houses , rents in mortmain , or marrying the kings wards , widdows , or women holding lands in capit● , without the kings preceding special licenses ; for and of all ●orts of trespasses in forests , punishable by forest lawes , all kinds of extorsions , oppressions , maintenances , ●onsp●racies , frauds , deceits , selling corrupt wines mixed with lees , or with old , or decayed wines , or other mixtures● or wines ungauged , or not according to the legal measure , assise or p●ice ; and for and of all other trespasses , grievances , misdemeanors punished by the kings justices in any court , country , forest , eyre , submitted to by the parti●s fined , and estreated into the kings exchequer . the particulars of which trespasses , offences being very numerous , and of different kindes , yea many of them very observable , those who please may peruse at leisure in the great rolls , ( carefully preserved in the pipe office ) during the reigns of king henry the . king iohn , king h●nry the . and their successors , till our present age , and likewise in the rolls in the kings and lord treasurers remembrancers offices in the exchequer at westminster ; and in the fine rolls in the tower. ly . that the king himself did sometimes appoint by his writs and precepts , at what dayes , and by what particular summs , and in what places the duty of queen-gold should be payd , in favour to those who were to pay it ; most likely by the queens consent . ly . that the estreats , and fine rolls sent out of the chancery , and out of other courts or eyres by the kings justices into the exchequer ; were a sufficient warrant to the queens clerks or officers in the exchequer to ascertain and issue out writs and processe to sheriffs and other officers to levy her queen-gold , according to the proportion of the fines ascertained by the records , upon the goods , chattels , lands and tenements of all such from whom it was due . ly . that this queen-gold was usually payd to , and received by the queens own officers and receivers in the kings court of exchequer , and levyed by the same processe , officers , and in the same manner as the kings own fin●s and debts were levyed ; and that when bailif●s of liberties were ne●ligent in levying it , the sheriffs themselves were commanded to enter their liberties , and levy it by distresses . ly . that not only the goods and chattels of the persons from whom queen-gold was due , but likewise all the lands and tenements they were seised of at the time when the fine , oblation to , or contract with the king was first made , were liable and extendable to satisfie it , in whose hands soever they were found ; and likewise their pledges or sureties goods , chattels , lands and tenements . ly . that processe usually issued out of the court of exchequer year after year to sheriffs and bayliffs of liberties for this duty , till the whole way levyed , and satisfaction thereof acknowledged by the queens attorney or receiver in open court. ly . that all arrears of queen-gold unpayd or unlevyed at the time of the queens death , of right accrued , belonged to the king her husband as a just debt , ( over and above his own original fine , oblation or contract ) and to none o●her person : whereupon the king issued processe in his own name , right to levy it ; and accordingly received it by judgement of his court of exchequer when levyed , as particularly belonging to him by his prerogative . and in case the king-husband likewise deceased before all the arrears of queen-gold due to his deceased queen were levyed or received , they then accrued by law and right to this succeeding king ; as the premised presidents of king edward the d. and his grandchild king richard the d . most clearly and irrefragably evidence and resolve : for which end i have here transcribed them at large . i shall cloze up this additional appendix , with the case of william de asthorp knight , the record whereof i found inter communia de termino paschae , anno regis richardi secundi , rot● . in officio rem . thesaurarii in sca●● . differing in some clauses , names of justices from that i formerly transcribed out of the manuscript of mr. w. b. in my aurum reginae , p. , . which i shall here present you with ; wherein it was resolved upon mature deliberation . that no queen-gold is due to the queen for any fine or amercement ascertained and imposed on any person for any trespass or offence , if the party pleads against it as unjust , or unreasonable , that it was imposed on him against his will , and that he did not willingly submit himself to such fine as the justices did or should impose upon him for his offence ; but if he submitted himself upon his indictment , to pay such fine , ransom or amercement as the justices should impose for his trespasse , or offence , or offer any summe for the pardon thereof , when presented or convicted● avrvm reginae was due and payable out of it , as within the rule de sponte oblat●● , as all the premised fines and pardons for trespasses evidence , and this following resolution doth not contradict ; this fine being never submitted to , but pleaded against by the party as unreasonable , excessive , and against the kings charter , exempting him from being sworn in juries and assises , which the justices would not allow him convenient time to fetch from his house , and produce in court for his discharge , and so different from all the premised fines , for which queen-gold was payd . memorand . quod praeceptum fuit vic. devon. per breve hujus scaccarii , dat . die februarii ultimo praeterito , sicut pluries , quod non omitteret propter aliquam libertatem , &c. quin eam , &c. et de bonis & catallis willielmi de asthorp chivaler . & de terris & tenementis quae sua fuerunt die martis prox . post festum decollationis sancti iohannis baptist● , anno regni domini nostri nunc , seu postea i● quorumcumque manibus , &c. in balliva sua fieri saceret c l. quas debuit anna nuper reginae anglia consorti regis charissimae defunctae , de auro suo , de quodam fine ( ) m l. ab eodem willielmo exact . pro ingenti rebellione et contemptu , ●icut continetur in magno rotulo de anno regis nu●c in devon. & in rotulo de finibus factis apud exon. coram petro de solevey , iacobo de chuddelegh , iohanne hill , iohanne wa●ham , & willielmo hank●ford justi● . domini regis ad pacem in com. devon. conservand . assign . die martis supradict . ita quod denar . illos haberet ad scacc. hîc in crastino clausi pascha hoc termino thomae more clerico , ( quem dictus ( ) dominus rex nunc per literas suas patentes constituit et assignabit , ad omnimodas summas denar . praefat . nuper reginae tempore mortis suae debitas ) solbend . et ad praedictum crastinum cla●●i pascha vic. non retorn . breve ; sed praefatus w. de asthorp venit hîc in propria persona , & queritur , se graviter dist●ict● esse per vic. devon. pro praedict . c l. praefat . th. more solvend . et hoc minus ●uste , quia dicit , quod praedict . l. nunquam debitae fuerunt praefatae nuper reginae in vita sua ; quia d●cit , quod praeceptum fuit eidem willielmo per praefat . justic. ad sessionem suam apud exon. supradict . die martis tent . quod mitteret manum suam super librum & juraret , quod inquireret cum aliis juratoribus de diversis articulis eisdem juratoribus per praedictos justic. tunc imponend . et idem w. de asthorp ad tunc dixit , quod ipse habuit cartam domini regis , quod non poncretur in aliquibus assisis , iuratis , neque attinctis : et praefati justic. praeceperunt praefat . w. de asthorp quod produceret cartam ill●m , qui dixit , quod tunc non habuit promptus ostendend . ●ò quod carta illa tunc fuit●ad domum suam per le●cas a dicta villa exon. distant●m ; petens idem willielmus diem de gratia dictorum justiciariorum ad deferend . cartam suam praedictam . et super hoc praeceptum fuit eidem willielmo per praefat . justic. sicut aliâs , quod mitteret manum suam super librum et juraret , sub poena cccc l. et sicut pluries sub poena m l. et quia praefatus willielmus renunciabit mittere manum suam super librum et jurare , prout injunct . fuit ei per praefat . iustic . idem willielmus pro ingenti rebellione et contemptu tunc amerciatus fuit ad * mille libr. in quo casu dicta nuper regina nullum aurum habere debuit . et sic supradict . c l. nec aliqua parcella earundem nunquam debitae fuerunt eidem nuper reginae in vita sua , per quod non intendit quod ipse de c l. praedictis , nec aliqua parcella inde regi in praemissis respondere debet . et petit judicium , &c. et ●isis praemissis per barones , habitaque deliberatione inde per eosdem , quia praedictus willielmus de asthorp amerciatus fuit per praefatos iustic . ad diem et locum praedict . in supradict . m. l. pro ingenti rebellione et contemptu praedict . sicut superius in dicto recordo continetur , et non de sponte oblatis . consideratum est de assensu thesaurarii angliae , quod praedict . w. de asthorp de c l. praedict . exoneretur et quietus existat , praetextu praemisso . salva semper actione regis , si alias inde loqui voluerit . since the publication of my aurum reginae , i perused serjeant rolls his abridgement newly published ; wh●rein part . p. . i found the title of aurum reginae , under that of , prerogative le roy , expecting to have met with some extraordinary learning , or rare records and cases concerning it ; but found only his bare abridgement of two clauses in the printed statutes of e. . cap. . & e . cap. . that queen-gold should not run , or be demanded out of the subsidie and quinzime they then granted to the king : which i had printed at large in my aurum reginae , p. . & . my desire is that the kings and queens of england might be fully informed of all records , antiquities , writs , memorandums that concern this their prerogative and duty , in which i have made a large progresse ; but wanting leisure and oportunity to proceed any further therein , i must recommend the future searches after , and discoveries of them ●o others , who have more abilities , leisure , if not obligations to undertake this labour then my self . it is an antient adagie , nihil simul inchoatum & perfectum ; and , facile est inventis addere . if therefore any officers , attornies , clerks , belonging to the respective offices and treasuries of records in the court of exchequer ; or the queens own officers , shall be so industrious , as to make further and exacter searches into the bundles● and files of writs issued or returned in the exchequer , after this golden mine , duty of aurum reginae , then i have already done , or hope to have future leisure to do , peradventure they may make some more discoveries of , and additional supplements to this subject ; since , pius vident oculi quam oculus ; and , bernardus non vidit omnia ; i shall therefore conclude with the poets supplication to every of them , and each other ingenuous reader of my avrvm reginae , or this additional appendix to it , — si quid novisti rectius istis candidus imperti ; si non , his utere mecum . finis . errata . here , in p. . l. . for second , r. third : and in aurum reginae , p. . l. . for ac , r. ad ; p. . l. e. p. . l. . adde . p. . l. . r. generaret ; l. . p. . for . r. . omitted in the errata to it . in the margin , p. . l. . for oblatorum , r. abbatialem . notes, typically marginal, from the original text notes for div a -e rot. franciae h. . m. . in tu●●i london . hyber● . (b) aurum reginae , p. . , . . . (c) c●r . ● . c. . car. ● . ch . . (d) littleton , sect . . hornes mirrour des justices , c. . b●it●on f. . notes for div a -e a esther . . . cap. . . josephus antiqu . judaeorum , lib. . c. . sulpitius severus , l. . ● sacrae histor. plutarchus in lucullo . heliodorus lib. . barnabas brissonius de regno persar . l. . p. , . b esth. . . cap . aelian . variae histor. l. . cap. . c platonis opera basileae , . p. . d in ve rem , lib . e dipnosoph . l. . * see mr. seldens titles of honor c. . sect . . part . ch . . p. ● , . sect . , . &c. f de necessariis scaccarii observantiis dial. . c. , , . g gervasius tilberiensis ibidem . liber rubeus in scaccario ; ingulphi abbatis hist. p. . simeon dunelmensis hist. col . . radulphus de diceto , abbreviationes chron. col . . chronicon johannis bromton , col . ● chronicon willielmi thorn , cap. . sect . . col . . mat. paris , hist. angl. p. . mat. westminster , flores hist. an. . p. . henricus huntingdon . histor. l. . p. . rogerus de hoveden annal. pars prior , p. ● . henricus de knyghton● de eventibus angliae , lib. ● . c. col . . ranulfus cestrensis , caxton , fabian , polydor virgil , holinshed , speed , daniel , grafton , sir richard baker , in william the conquerors life . the register of peterburgh , and chronicle of waverly , mr. william cambden his britannia , london . p. . stat. r. ● ch . . old natura brevium , f. . sir henry spelman , & william sumner , in their glossaries , tit. doomesday : dr. cowels interpreter , tit. doomesday . * id ess . tempore regis edwardi ; stiled the con●essor . ibidem : * verbum gersum● , p. . * id est , tem●●ore regis edwardi regis . † regina . * see spelmanni glossarium , verbum capa , & cappa , p. . * rot. magn. an. h. . h see aurum reginae , p. , . nova legenda angliae , capgrave & ribadeniera in vita s. helenae reginae . i nicephorus callistus hist. l. . cap. . k in folio london , . p. , , . l in his britannia , p. . m de britannicarum ecclesiarum primordiis , p. . n cambdens britannia , p. . mr. seldens titles of honor , ch . . p . o monasticon anglicanum , vol. . p. , . p berengosus abbas de invent . crucis ; nova logendae angliae in vita sanctae helenae reginae , ribadeniera , & others in her life . q in bibliotheca cottoniana sub effigie claudii , b. . f. . b. cap. . & monasticon anglic. vol. . p. . r gal . . s acts . . c. . , , ● . john . t horae beat●● virginis mariae secundum usum sarum . f. . us. . & . proces●●onale ad usus insignis eccle●ia● sarum , f. , . , . &c. rhemish testament , notes on john . . sect . thomas waldensis doctrinal● fidei , tom. . tit. . c. , . dr. raynolds , de romanae ecclesiae idololatria . lib. . c. . sect . . lib. . c. . sect . , . c. . sect . , . l. ● . c. . sect . , . u see their prayers , homilies , hymns , legends in festis exaltationis , & inventionis sanctae crucis , & rhemists notes on john . sect . . x see ribadeniera fleurs des vies des saincts , part . p. . & martyrologium romanum . mat. . , . . c. . . to . mar. c. & . john c. & . y hebr. . . c. . . z acts . . . c. . , , . c. . . luke . . . cor. . . thess. . , . rev. . . k. henry . a mat. west . mat. paris , hoveden , holinsh●d , speed , and others . b mat. paris , ma● . westm. hen. huntindon , & others an. ● . & . godwins catalogue of bishops , p. , . d aurum reginae , p. , , ● . , , , ● . . e claus. johan . regis , m. . in turri london ; & aurum reginae , p. , , . , . k. henry . ibidem rot. . intus . warr. pro patricio de chaurtes . ibid. rot. . do●so . su●sex & surr. rot. . dorso . inter essex & hertford . eodem term. rot. . intus . ibid. rot. . intus hereford . rot. dors . memorand . d● auro reginae . ibid. rot. . intr . memor . de auro reginae . ibid. rot. ● dorso , & . in t . memorandum de auro reginae de cibus london . pro rege●● * aurum reginae , p. , to . . k. edw. . communia de termin . pasc. an. e. . rot. dorso . essex . de onerando abbatem sancti johannis colcestr . de s. de auro reginae . oxon. & berks. communia & recorda de te●mino s. mich. e . rot. . de rog. de cottesford v●c . onerando de diversis deb . de auro reginae . oxon. & berks , ibidem . rot . . in rot. . ●all● oxon. s. ● . d. † respect . not. & derb. ibid. term. mich. e. . rot . . de willielmus de sandford onerando de s. de auro reginae . in ro● . . cor●ub . ibid. ro● . . eodem termino . de vic. onerando de diversis debitis de a●●o reginae . in rot. . glouc. ibidem term. s. mich. e . tot . . de johan . poyntz v●c . onerando de diversis deb . de auro reginae . in rot. . salop. ibidem rotulo . termino supradict . de vic. onerando de diversis debitis de auro regi●ae . in rot. . wygorn . ibidem termino mich. e . rotulo . de vic. onerando de diversis debi●is de auro reginae . rot. in wygorn . essex & her●f . ibid. comm●nia term. supradict . rot . . do●so . d : v●c . onerando 〈◊〉 diversis deb●tis de auro reginae . in rot. in item essex . ibid. glouc. de onerando johann . tracy de auro reginae per ipsum in manum regis capt . 〈◊〉 . . somers . & dors. ibidem , eodem termin . mich. rot. . dors . de onerando edmundus cheyne vic. de auro reginae . in rot. . n●● . & derb. ib. inter com. de termino s. mich. e. . rot . dors . de onerando rogerum beler vic. de auro reginae . somers . & dors. ibid. eodem termino , rot . dorso . de vic. onerand . de diversis deb . de auro reginae . * let our vintners & mixers of such wines in this age observe it , & others how to punish them for it . in th● great rolls of an. , , , , , , & h. . rot . . i finde divers fined by the kings justices in that age , pro falsa mensura vini : & de vi●● vendito contra assisam : & in other rolls since . in rot. in item somers . essex & hertford . somerset . ibid. rot. . canc. ibidem rot. supradict . * see mr. hackwils treatise de auro reginae , ibid. rot . . lincoln●● ●● . de onerando tho. de fulne●by vic. de auro reginae . in rot. in item lin●● london . & midd. ibid. wygorn . see aurum reginae , p. , . ibid. cumbr. ibid. oxon. ibid. kanc. see aurum reginae , p. , ● . ibid. somerset . ibid. nor●t . see aurum reginae , p. . glouc. ●odem termino . derb. ibid. salop. ibid. bed. & buc●s ibid. rot . . intu● . linc. ibidem rot . . intus . see aurum reginae , p. . ebo●um ibid. lincoln . ibid. rot. . dorso . salop. ibidem inter brevia retornabilia eodem termino , rot. . dorso . ●borum . de onerando willielmum de acon vic. de auro reginae . oxon. & berks. ibidem . de onerando thoma● de la mare vic. de auro reginae . see here , p. . in rot. . in oxon. warr. & leyc . de onerando johan . to●es majorem , johannem de pomtefreyts & adam de keretleye ballivos libertatis villae de coventre de auro reginae per ipsos in manum regis capt . rot. . essex . hertf. ibid. de oner●ndo roger. de keterych vic. de auro r●ginae . in rot. . eb●r . ibid. de onerando willielm●m de acon vic. de auro reginae . in rot. . northumb. termino ibid. de onerando ricardum de horseleye vic. de auro reginae . eborum . de onerando johan . bygod vic. de auro reginae . see p. . cant. hun● . de onerando richardum de stynecle vi●de auro reginae . ibidem . northt . de onerando ricardum de wydevyll vic. de auro reginae . ibidem . not. & derb. de onerando rogerum beler vic. de au●o reginae per ipsum in manum regi● c●pt . ibidem . li●coln . de onerando thomam de ●ulne●by vic. de auro reginae . salop. de onerando robertum de k●ndale v●c . de auro reginae . in rot. . ibidem . eborum . de onerando johannem bygot vic. de auro reginae . in r●t . . ibid. northum . eodem termin● , de onerando ricardum de horsleye v c. de auro reginae . in rot. . ibidem . cumbr. d● one●ando adam pa●nings vic. de au●o reginae in manum regis capt . in rot. . ibidem . essex . de onerando thomam de bassingbourne vic. de auro reginae . in rot. . ibidem . kanc. de onerando willielmum de pympe vic. de auro reginae . in rot. . ibidem . wygorn . de onerando richardum rynhale vic. de auro reginae . in rot. . ibidem . somers . & dors. de onerando willielmum wynterbourne vic. de auro reginae . see aurum reginae , p. . in rot. . norff. de onerando willielmum de swynflet archidiaconum norwic. de auro reginae . essex & hertf. de onerando thom. strete de auro reginae . ibidem . essex . eodem termin● de onerand . tho. de bassingbourn vic. d● auro reginae● ibidem . northumb. de onerando rica●dum de horseleye vic. de auro reginae . ibidem . lincoln . de onerando tho. de fuln●tby vic. de au●o reginae . in rot. . ibidem . eborum . de oner●ndo johannem bigod vic. de auro reginae . in rot. . ibidem . essex . hertford . de onerando thomam de bassingbourne vic. de auro reginae . in rot. . ibidem . norff. & suff. de onerando edmundi de thorpe vic. de auro regin● . rot. . ibidem . suff. de onerando radulphum de waltham senes● . libertat . sancti edmundi de auro reginae● in rot. . ibidem . some●s . & dor● . de onerando willielmum winte●bourne , vic. de auro reginae . in rot. . somerset . & dors. de onerando robertam de roos vic. de auro reginae . in rot. . in ibid. northum . de onerando robertum dumframvyll , vic. de auro reginae . ebor. de onerando robertum de roos vic. de auro reginae . in rot. in item lond. b●istoll . de onerando johanem viel de auro reginae . ibid. northum . codem termin● , de onerando ●ohannem de fenwiks vic. de auro reginae . ibid. northumb. codem termino de onerando johannem de fenwyks vic. de auro reginae . in rot. . lincoln . de onerando johannem hode vic. de auro reginae . in rot. ● . in item lincoln . ibidem northumbr . de onerando johannem de fenwicks vic. de auro reginae in manum regis capt . in rot. . in res no●thum . no●thumbr . de nerando thomam de ilderton vic. de auro reginae per ipsum in manum regis capt . in rot. . in re● northum● . ibidem . northumbr . de thom● de ilderton vic. onerando de auro reginae in rot. . in res northumb . post al. deb . ibidem . northumbr . de onera ●● . ●●rt●ama●● m●nbo●ch , v●c . de au●o reginae . k. rich. . eb●rum . de onerando johann●m constable vic. de auro reginae , per ipsum in manum regis capt . glouc. deonerando thomam br●dewel vic. de auro reg●nae . ibidem . northumb. de onerando bertramum monboucher vic. de auro reginae per ipsum in manum regis capt . eborum . de onerando johannem sayvil vic. de auro reginae per ipsum in manum regis capt . devon. de willielmo de asthorp chivaler , exonerando de c l. de fine m. l. viz. de auro reg●nae . term●n . pasch. anno rich. . rot . . * a very great excessive fine in that age . proposals to the honourable house of commons, humbly offered and presented; for the laying a tax upon raw hides, &c. by richard organ. organ, richard, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing o a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proposals to the honourable house of commons, humbly offered and presented; for the laying a tax upon raw hides, &c. by richard organ. organ, richard, fl. . sheet ([ ] p.) s.n., [london : ] imprint from wing. docket title reads: richard organ's proposals. . reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- law and legislation -- early works to . leather industry and trade -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion proposals to the honourable house of commons , humbly offered and presented , for the laying a tax upon raw hides , &c. by richard organ . i. the said richard organ , humbly proposes that a duty be laid upon raw-hides , &c. and not upon tann'd leather , because the charges in collecting the said duty will be less , and the tanners and fell-mongers will be only , or chiefly concern'd to pay it , who have long since raised their commodities , upon hearing a tax would be laid upon them , as much as if such tax were already laid : and by this means some of them have got considerable estates . ii. that the duty to be laid upon raw-hides , &c. continue as long as that of the hackney coaches , and that the duty to be laid upon soap be joyn'd with it , which will be a fund for a million and an half of mony , and that the duties be as follows : iii. every cow , ox , bull , steer and heifer hide , fold under s. or for s. and no more , to any tanner or fell-monger , s. duty shall be paid to the king by such tanner or fell-monger , or other person who shall buy the same ; and all such hides as come to more than twenty shillings , three shillings duty shall be laid upon them . iv. every calves skin sixpence duty , every sheeps skin a penny , every lambs skin a halfpenny . v. all bucks skins , goat skins , and all foreign leather to be tax'd as shall to the honourable house appear most fit and convenient . that in order to collect this duty there be an office appointed at leaden-hall , and that two pence per pound be allowed to the several collectors , and one penny per pound to the receiver general ; and that this office extend to all places within the bills of mortality . that this duty be collected in all other parts and places of this kingdom , by the clerk of the several markets , with the allowances aforesaid ; and that an office be appointed in every city , to receive such monies by them collected . that all hides , skins , &c. so bought be entred , and a penalty as this honourable house shall think sit , be laid upon all persons who shall buy such raw-hides , &c. without entring the same , and paying the duties aforesaid . the benefit of such duties may appear by this , that there are great quantities of leather exported , and particularly calves skins . the king hath but a shilling duty for every hundred weight of them now , but hereby the duty will arise to six shillings a dozen . the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich lenthall, william, - . sheet ([ ] p.) s.n., [london : ]. praying for a free parliament and the recall of the members secluded in . imprint from wing. annotation on thomason copy: "jan ". reproduction of original in the henry e. huntington library. eng taxation -- law and legislation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . norfolk (england) -- history -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich. [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the gentry , of the county of norfolk , and of the county and city of norvvich . vve the gentry of the county of norfolk , and county and city of norwich , being deeply affected with the sence of our sad distractions and divisions , both in church and state , and wearied with the miseries of an unnatural civil war , the too frequent interruptions of government , the imposition of several heavy taxes , and the loud out-cries of multitudes of undone , and almost famished people , occasioned by the general decay of trade , which hath spread it self throughout the whole nation , and these counties in particular ; and having met together , and consulted what may best remedy , and remove our , and the nations present grievances and distractions , do humbly conceive , that the chief expedient will be , the recalling of those members that were secluded in , and sat before the force put upon the parliament ( we of the county of norfolk ) being by such seclusion , deprived of any person to represent us in parliament , ) and also by filling up the vacant places thereof ; and all to be admitted without any oath , or engagement , previous to their entrance ; which being done , we shall be ready to acquiesce , and submit in all things , to the judgment and authority of parliament , without which authority , the people of england cannot be obliged to pay any taxes . this declaration , subscribed by three hundred gentlemen , was delivered to the honourable will : lenthall , speaker of the parliament , on saturday the eight and twentieth of january , . by the lord richardson , sr john ho bart , and sr horatio tounsend , baronets . die lunæ quinto maii . at the committee of lords and commons appointed by ordinance the of march last, for securing eighty thousand pounds and for a further provision for the raising and maintaining of the forces under the command of sir thomas fairfax. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ quinto maii . at the committee of lords and commons appointed by ordinance the of march last, for securing eighty thousand pounds and for a further provision for the raising and maintaining of the forces under the command of sir thomas fairfax. england and wales. parliament. sheet ([ ] p.) printed for ed. husband, london : . committee list: pembrooke & mountgom. salisbury. vis. say & seale. wharton. arthur heslerige. william masham. iohn potts. iohn evelyn. tho. hodges. iohn venn. robert scawen. valentine wauton. postscript dated: . die maii and signed: rob. scawen. annotation on thomason copy: "june th". reproduction of the original in the british library. eng fairfax, thomas, -- baron, - -- early works to . taxation -- law and legislation -- great britain -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ quinto maii . at the committee of lords and commons appointed by ordinance the of march last, for securing eighty thousand p england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae quinto maii . at the committee of lords and commons appointed by ordinance the of march last , for securing eighty thousand pounds , and for a further provision for the raising and maintaining of the forces under the command of sir thomas fairfax . whereas of the ten moneths assessments charged upon severall counties of this kingdome , by the ordinance of the fifteenth of february last past , for raising and maintaining of the said forces , three whole moneths assessements are become due , and ought to have been collected and paid to the treasurers at warres at guild-hall london , according to the said ordinances ; but through the negligence of the severall assessors , head-collectors , sub-collectors , and others that are trusted and imployed therein by the parliament , most of the counties have not paid in any money at all ; and such counties as have paid in any , the summes are so inconsiderable , as that the army can thereby in no sort bee supplied ; and unlesse some speedy and effectuall course be taken for the collecting of those moneys , and such other assessements as shall incurre , manifold mischiefs will inevitably and suddenly ensue , to the exceeding great prejudice of the common-wealth : it is therefore ordered , that the agents appointed by the parliament to solicite the bringing in of those moneys , shall forthwith repaire into the severall counties to them assigned , who are hereby authorized to call before them , or any of them the assessors , head-collectors , and sub-collectors , appointed for the assessing and collecting of the said assessements , and to take an accompt of them what they have collected and paid , and to whom , and what remaines in their hands , and what is , and shall be from time to time in arrears in the severall divisions of the counties , and to cause such summes of money as are now due , to be forthwith collected and paid to the treasurers at warres at guild-hall london ; and whatsoever person or persons the said agents , or any of them , shall finde in the said counties to have neglected their duties in assessing , collecting , paying , distrayning , or otherwise for the three moneths past , or shall neglect their duty for the time to come , to take them into safe custody , and forthwith to bring , or to send them to the committee or committees in the severall divisions of the counties , or before this committee , to be forthwith proceeded against , as the said ordinances of parliament direct , and the said committee or committees in the severall counties aforesaid are hereby desired , and required forthwith upon the complaints of the said agents , or any of them , to proceed accordingly . and it is further ordered , that all justices of peace , high constables , constables , captaines , and other officers and souldiers , or any of the trained bands of the severall counties , and all other his majesties subjects shall be ayding , and assisting to the said agents , or any of them , for the apprehending and conducting of the said offendors to the aforesaid respective committees . and it is lastly ordered , that this service which so much concernes the publique , may effectually be carried on , that in each of the counties of essex , norfolke , suffolke , kent , sussex london , middlesex and surrey , there shall be an agent imployed to attend this service , and one agent for the counties of hartford and bedford , and another for the county of cambridge , with the isle of ely , and the county of huntington , which severall agents are constantly to remaine in the counties , and are every six dayes to returne an accompt of their proceedings herein unto this committee , and likewise of the proceedings of the committee or committees in the severall counties in this businesse ; and this shall be a sufficient warrant , not only to the said agents , but likewise to the said justices of peace , high constables , constables , captaines , other officers and souldiers , and other his majesties subjects that shall be imployed in the service aforesaid . pembrooke & mountgom . salisbury . vis . say & seale . wharton . arthur heslerige . william masham . iohn potts . iohn evelyn . tho. hodges . iohn venn . robert scawen . valentine wauton . . die maii . at the committee above mentioned . ordered that m. thomas walker . m. jeremiah whitworth . m. edward west . and m. john walker . or any one of them , shall have power to execute the directions above mentioned as agents employed by order of the house of commons . rob. scawen . london printed for ed. husband . . whereas the commissioners appointed for rating and assessing the several subsidies granted to his majestie by the parliament, lately sitting in this kingdom, have in several counties neglected to make returnes of the estreates of the said subsidies into his majesties court of exchequer ... by the lord lieutenant and council, j. roberts. ireland. lord lieutenant ( - : radnor) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas the commissioners appointed for rating and assessing the several subsidies granted to his majestie by the parliament, lately sitting in this kingdom, have in several counties neglected to make returnes of the estreates of the said subsidies into his majesties court of exchequer ... by the lord lieutenant and council, j. roberts. ireland. lord lieutenant ( - : radnor) radnor, john robartes, earl of, - . broadside. printed by benjamin tooke ... and are to be sold by samuel dancer ..., dublin : [ ] title from first lines of text. statement of responsibility transposed from head of title. date of publication suggested by wing. "given at the councell chamber in dublin the th day of october ." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lord lieutenant and council . j. roberts . whereas the commissioners appointed for rating and assessing the several subsidies granted to his majestie by the parliament , lately sitting in this kingdom , have in several counties neglected to make returnes of the estreates of the said subsidies his majesties court of exchequer , accordingly , as by the several acts for granting the said subsidies they were required ; and whereas also several collectors of the said subsidies , have likewise failed in finishing their accompts of the said subsidies and in paying into his majesties treasury the several sums of money that have grown due within the limits of their collection although the time limited for the payment of the last of the said subsidies be long since elapsed ; we have therefore thought fit by this our proclamation to require the commissioners appointed for the rating and assessing the said subsidies in such counties where there hath been any failer in returning into the exchequer the estreates of any of the said subsidies , that they make returns of such estreates before the twentieth day of november next ; and we do also strictly charge and command all persons who have been at any time employed as high collectors of any of the said subsidies within any of the counties of this kingdom , that they compleat their accounts of the several sums grown due for any of the said subsidies within the respective limits of their collection , and do also pay into his majesties treasury such sums of money as upon their respective accompts shall appear to be due and owing from them before the third day of december next . and the barons of his majesties court of exchequer are hereby required as soon as the said several dayes shall be elapsed , forthwith to issue out the usual process of that court against such of the said commissioners and high collectors as shall be negligent , or shall make default in what is hereby required from them . given at the councell chamber in dublin the th day of october . ja. armachanus . mich. dublin canc. roscomon . drogheda . conway and kilulta . ranelagh . dungannon . r. coote . jo. bysse . paul davys . god save the king. dublin , printed by benjamin tooke , printer to the kings most excellent majesty , and are to be sold by samuel dancer bookseller in castlestreet . an humble remonstrance to his his maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an humble remonstrance to his his maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. prynne, william, - . [ ], [i.e. ] p. s.n.], [london? : printed anno . attributed to william prynne. place of publication suggested by wing. page numbers - misnumbered , , , , , respectively. pages - [i.e., pp. - ]: "a list of ships with their charge." reproduction of the original in the british library. eng ship-money -- early works to . taxation -- england -- early works to . a r (thomason e _ ). 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 b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion an hvmble remonstrance to his maiesty , against the tax of ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . printed anno . 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 . . . . . 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. . . ratified in parliament . e. . cap. . . e. . cap. . . ed. . cap. . 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 . ed. . de tallagio non concedendo . . ed. . . cap. . . ed. . rich. . cap. . . rich. . cap. . 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 , . e. . stat. . cap. . & stat. . cap. . 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 . . rich. . per stat. . cap. . 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 , . ed. . . ed. . cap. . 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 . h. . by act of parliament . h. . cap. . which grants him tunnage and poundage all his life , . ed. . cap. . . mar. cap. . . eliz. cap. . for the granting of tunnage and poundage , all severally recited , h. . & h. . 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 , iac. cap. . 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. . pag. . 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 . e. . cap. . stat. . . e. . stat. . cap. . . . ed. . stat. . pron. stat. cap. . . e. . stat. . . e. . cap. . . rich. . . h. . cap. . . h. . cap. . . h. . cap. . . h. . cap. . . & . e. . cap. . . . ed. . . . e. . p. & m. cap. . . . ed. . cap. . . ed. . . . . eliz. . . . eliz. cap. . . . eliz. cap. . . . eliz. cap. . . . eliz. . . . eliz. cap. . . . eliz. cap. . . . eliz. cap. . . . jac. . . jac. cap. . . car. cap. . . & . car. cap. . . 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. . . . . . f. n. b. . cooke on litt. sect. . . . 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 , e. . cap. . . e. . stat. . cap. . f. m. b. . 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 , . h. . . grand . cust. . . e. . . . . fitz bar. . . e. . . . e. . cap. . . e. . . . rich. . . dyer . . . . 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 , . h. . . ployd . . m. . e. . fitz iurisdict . . annum , the very reason why acts of parliament binde all , is because every man is partie and consenting to them , . e. . . . e. . . or . h. . . h. . . ployd . . and . 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. . . 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 . . h. . tit. . br. commission . . 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 , . h. . . . h. . . so neither can you doe it by your writts , . h. . . br. prerog. . . ass . . h. . . . h. . . . ed. . . . h. . . ed. . . book pat . . . . . . . . . descent . dangilt . 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. . iac. . . . cau. ibm . . e. . . . e. . . . e. . . . e. . plac. . h. . . br. lett. . . h. . . . h. . . 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 , . h. . . br. pat. . . h. . pat. . 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 , . r. . cap. . 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 , . rich. . stat. . cap. . 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 . cap. . mathew westminster , anno . pa. . 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 . 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 , . . e. . cap. . . e. . stat. . . eliz. cap. . 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. . . sect. . 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. . & . 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 . . . . . . . . . polichronic . lib. . cap. . lib. . cap. . . fabian part . cap. . . graston pa. . . . master speeds hist. lib. . cap. . sect. . . . . lib. . cap. . sect. . william malmesbury de justicia regnt angl. lib. . cap. . pag. . . john salisbury de luctis anglie . lib. . cap. . ad finem . spilman glossar . pag. . . floud . an. pa. . . rastalls tearmes de ley , lit. dangilt , minshaws dictionary , title dangilt . seldens mare clausum , lib. . cap. . . 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 . this tribute came to ten thousand pound , anno . to as much . to . to the like . to fourteene thousand pound , anno . to . out of kent alone anno . to twenty eight thousand pound , anno . so mathew of westminster and others write , that ethelbert at five severall times paid the danes . pounds , and there was granted to him an annuall tribute of . 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. . cap. . pag. . . 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 . 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 . 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 . tunc aethelredus per consilium suorum nobilium dedit iis pensionem de tota anglia collectam . librarum ut à cadibus hominum innocentium cessarent , anno . 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 lib. persolvebatur , anno . dux edvardus & omnes anglia primates utriusque ordinis ante pascha londini congregati sunt , & ibi tam diu morati sunt , quousque tributum danis promissum quod erat . 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. . cap. . sect. . 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. . 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. . . 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. . cap. . 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. . cap. . 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. . cited in hoveden likewise , annalium posteriorum pag. . 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 , . title dangelt , pa. . mr. selden in his mare clausum , . dedicated to your majesty , and published by your majesties speciall cōmand , . . cap. . . 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. . by the black booke of the exchequelib . . cap . 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. . which mr. selden in his mare clausum , and sir henry spilman in his glossarium title dangelt out of him writes this , anno . 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 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 . polycronicon . lib. . cap. . fabian in his chronicle , pag. . and speed in his history of great brittaine , liber . cap. . sect. . pag. . 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 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 s . on every hide of land toward the payment of his souldiers as a conquerour , caused rebellion against him in the western parts , polycronicon lib. . cap. . fab. . lib. cap. pag. . 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. . who as in the beginning of his raigne spilmans glossary , pag. . exempted the charter of london , and all knights by his great charter from dangelt , to wit d out of every hide land , or other land , which taxe it seemes by his lawes , cap. . was granted to him in parliament , so hee made a vow he would release the danes tribute , polycronicon lib. . cap. . spilmans glossary , pa. . . & it seems he was as good or better thē his word ; for fab. pag. . cap. . pa. . and th 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. . the lawes of h. . stat . cap. . hovedens annuall parte posteriori , pa. . spil . glossary , pa. . 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. . cap. . fol. . fab. part . cap. . . hovedens annum parte priore , pag. . pag. . spilman , pag. . 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 . 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. . being thus for ever released as an intolerable grievance and exaction by these foure severall kings , and discontinued full 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 s . afterwards , s . 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. and diuers others fore-recited authors have it thus : now for . 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 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 . the enemies then encreasing in all parts , the king commanded galies and galeas & long as naves fubricari per regnum , & prelio hostili adventantibus obcurrit imposit is que piratio in illis viis maris custodiendis commisit anno . & , 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 . rex ethelberdus jussit parari , . hadis navem vnam & ex orto hi tum galeam vnam & loricam , that anno . 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 . 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 . 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 and ten acres to build a ship of 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 . made him odious and harefull to those that desired him for their king , before florentinus wigorniensis , anno . 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. . . slades case , cook . . 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 , . 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. . . tim. . . pet. . . 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. . pa. . 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 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 . 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 , . pag. . . 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 . . e. . . . parliament . m. ca. . 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 , . asss. . . asss. . pag. . asss. lib. . . cap. . ed. . . . e. . . . e. . . . h. . . . e. . . . h. . . . 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. . . . . . . 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 , e. . ca , . . e. . ca. . . stat . . stat . . ca. . . e. . stat . . . h. . ca. . . h. . cap. . . h. . . . 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 . . r. . . . e. . . . bro. forfeit . . ed , . . . ed. . , . . h. . bro. property , . ployd . . 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 . . ed. . . bro. custome . and trespasse . 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 . . h. . . bro. trespasse . . 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 . . e. . . . and so might lords and knights give liveries in time of warre , but not in peace . . h. . ca. . . h. . ca. . . h. . ca. . 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 . 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 bedfordshire bristoll buckingamshire cambridgeshire cheshire cornwall cumb. and westm. darbyshire devonshire durham dorsetshire essex glocestershire hampshire huntingtonshire herefordshire kent lancashire lestershire lincolnshire london each middlesex munmoth norfolke northumberland northampton north wales nottingham oxford rutland salop south wales stafford suffolke somerset surrey sussex warwicke wiltshire worcestershire yorkshire ships . tunnes . men . money . summe , . . . . finis . notes, typically marginal, from the original text notes for div a e- * note well these fitting epithetes . to the honourable the house of commons in parliament assembled: a brief scheme humbly presented, for raising l. per annum with great facility by a duty that may be laid on the postage of letters, viz. weston, charles. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable the house of commons in parliament assembled: a brief scheme humbly presented, for raising l. per annum with great facility by a duty that may be laid on the postage of letters, viz. weston, charles. weston, matthew. sheet ([ ] p.) printed april . . and reprinted march . . for charles and matthew weston, [london] : [ ] place and actual date of publication from wing. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- law and legislation -- england -- early works to . great britain -- history -- william and mary, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable the house of commons in parliament assembled : a brief scheme humbly presented , for raising l. per annum with great facility , by a duty that may be laid on the postage of letters , viz. which duty thus humbly proposed , may likely meet with little opposition , it not affecting any art or mystery in particular . letters not exceeding one sheet within miles , which pays d. is propos'd to advance d.   letters not exceeding two sheets within miles pays d. to advance d. ounces of pacquets and deeds within miles , pays d. to advance d. letters not exceeding one sheet , and above miles , pays d. to advance d. letters not exceeding two sheets , and above miles , pays d. to advance d. ounces of pacquets and deeds above miles , pays d. to advance d. foreign letters not exceeding one sheet , to advance proportionable . foreign letters not exceeding two sheets , foreign pacquets inward , per ounce , likewise all letters , pacquets and ounces , not here inferred , chargeable as per act of parliament car. ii. penny-post-letters single to advance ½ in the bills of mortality all parcels , not exceeding one pound , to advance d. all letters or parcels , exceeding the bills of mortality , to advance d.   it 's humbly presumed no duty can be less chargeable or difficult then this , it being considered how regularly it may be managed at the grand post-office . if it be supposed , that this proposal may lessen the revenue ; it 's humbly answered , as conceived , that letters generally are of more moment , then to be omitted for so small addition as this is . printed april . . and reprinted march . , for charles and matthew weston . jus imponendi vectigana, or, the learning touching customs, tonnage, poundage, and impositions on merchandizes, asserted as well from the rules of the common and civil law, as of generall reason and policy of state / by sir john davis ... davies, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) jus imponendi vectigana, or, the learning touching customs, tonnage, poundage, and impositions on merchandizes, asserted as well from the rules of the common and civil law, as of generall reason and policy of state / by sir john davis ... davies, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). 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 [ ], p. printed for henry twyford ..., london : mdclix [ ] error in paging: p. - misprinted - . reproduction of original in the british library. includes bibliographical references. eng commercial law -- england. tariff -- england. taxation -- england. a r (wing d ). civilwar no jus imponendi vectigalia or the learning touching customs, tonnage, poundage, and impositions on merchandizes asserted; as well from the rul davies, john, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion ius imponendi vectigalia : or the learning touching customs , tonnage , poundage , and impositions on merchandizes asserted ; as well from the rules of the common and civil law , as of generall reason and policy of state . by sir john davis knight , &c. the second edition . london , printed for henry twyford in vine-court middle temple , mdclix . to the kings most excellent majestie . this question , sir , concerning your majesties prerogative in laying impositions upō merchandizes , ought not to have been made or moved at all ; howbeit , it hath been stirred and debated in parliament , it is now become an argument of such dignity and importance , as the best-able amongst your servants learned in the law , may well imploy their best learning in the discussing thereof . for my part , though i find myself unable to handle this noble question , as the weight and worthinesse requireth ; yet have i upon sundry occasions arising from the course of my service , collected such notes , and drawn together such materials , as may be of use in the building of a fortresse in the defence of this prerogative ; and sure i am , that if your majestie will vouchsafe to cast your eye upon these collections , that your judgment will make a far better use and application thereof , than i who have gathered the same , can posible do ; these little sparks of knowledge being taken into your majesties consideration , wil instantly multiply and arise into a flame , and so give a great light for clearing of this question : this learning within my hand , is but a spade , in your majesties hand will become a scepter . i have onely like the poor indian , digged up the oare of mine , which being brought into the kings mint , and refined there , becomes part of the royall treasure . for the argument it self , it will hardly receive any ornament , ornari res ipsa negat , contenta doceri . the best light i can give it , is lucidws ordo , by breaking it into capita rerum , and casting it into a plain and naturall method ; it is somewhat long , and in multiloquio non deest peccatum , saith solomon ; it is also mixt with some reasons of state , wherein a common lawyer may easily make a solaecism ; yet such as it is , my zeal to advance your majesties service hath moved me to present it to your majesty , with all humbleness , and with some hope , that this dutifull pains shall purchase a pardon for the errours therein committed , by your majesties unprofitable servant and humble subject , iohn davies the contents of this book . chap. i. the exposition and meaning of certain words , which do shew the true state of the question . page chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs from our common law ; and how in the judgement of our law , merchandizes do differ from other goods & chattels which do not crosse the seas ; and how the common law and statute law of england do admit and allow of the law merchant . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof ; of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . chap. v. of the canon or ecclesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the cōmon law of england doth acknowledge and submit it self to those prerogatives chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self there unto . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differing from the prerogative which he useth and ordereth in trade and traffique in markets an fairs within the land , and of the difference between custome and toll by the rules of the common law . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . chap. xi . of the ancient duties called prizes , taken out of forein goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . chap. xii . of the ancient customes payable for wines , called prizoge and butlerage . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . chap. xv . of the imposition set and taken by king edward the second . chap. xvi . of the impositions laid and levied upon merchandizes , by king edw. . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . chap. xviii . that queen mary did use her prerogative in laying impositions upon merchandizes . chap. xix . that queen elizabeth also used her prerogative in laying impositions upon merchandizes . chap xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . chap. xxi . the general reasons whereupon this prerogative is grounded . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the soveral answers thereunto . chap. xxiii . the answer to the first objection . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . chap. xxv . the answer to the second objection . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remit all of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procuring impositions to be set up . chap. xxvii . the answer to the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . chap. xxix . the answer to the fourth objection : chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . chap. xxxi . the answer to the fifth objection . chap. xxxii . the conclusion . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . an argument up on the question of imposition , digested and divided into sundrie chapters ; by one of his majesties learned counsel in ireland . chap. i. the exposition and meaning of certain words , which do shew the true state of the question . the question it self is no more than this , whether the impositions which the king ●f england hath laid and levied upon merchandize , by vertue of his prerogative onely , without act of parliament , be lawful or warranted by the law of england . by the word imposition , we mean only such rates or sums of money as the king by letters patents , under the great seal of england or ireland , hath set upon merchandizes imported and exported , and commanded the same to be paid and levied to his majesties use , over and above the customes and subsidies formerly due and payable for the same merchandizes . by the word merchandizes , we mean only such goods or merchandizes as are transported over the seas , from one realm or dominion unto another , to be sold or exchanged for reasonable gain or profit ; for upon the ingate or outgate of commodities so crossing the seas only ; customes , subsidies , and impositions for merchandizes are paid and taken , and not for any commodities carried too and fro by sea and land , within one and the same realm and dominion . by the law of england , we understand not only our customary common law , and our statutes of england , which are native and peculiar to our nation only , but such other laws also as be common to other nations as well as us ; have been received and used time out of mind by the kings and people of england in divers cases , and by such ancient usage , are become the lawes of england in such cases ; namely , the generall law of nations , and the law-merchant which is a branch of the law , the imperial or civil law , the common or ecclesiastical law , every of which laws so far forth as the same have been received and used in england , time out of mind , may properly be said to be the laws of england . chap. ii. of the general law of nations , or jus gentium , and the force thereof in all kingdoms , that traffique and commerce is a principal subject of that law , and that it giveth power unto all kings to take customes and impositions upon merchandizes , and that the crown of england hath many prerogatives annexed to it by the law of nations , of which our common law taketh notice , and doth admit and approve the same . jus gentium , or the generall law of nations is of equal force in all kingdoms , for all kingdoms had their beginning by the law of nations ; therefore it standeth with good reason that the law of nations should be of force , and of like force in all kingdoms ; and for this cause in the realms subject to the crown of england , the law of nations also is in force in such cases , especially wherein the king himself , or his subjects , have correspondence or commerce with other nations who are not bound in those cases by the municipall laws of england . omnes populi ( saith justinian ) qui legibus & moribus reguntur , partim suo proprio , partim cōmuni omnium hominum jure utuntur : nam quod quisque populus ipse sibi ius constituit id ipsius proprium civitatis est , vocaturque jus civile ; quod vero naturalis ratio inter omnes homines constituit , id apud omnes homines plerumque custoditur , vocaturque jus gentium , quasi quo jure omnes gentes utuntur ; and in the same place it is said , ius gentium omni hominum generi cōmune est , & exhoc iure gentium omnes pene contractus introducti sunt , ut emptio , venditio , locatio , conductio , societas , depositum mutuum , &c. and with this agreeth our doctor and student , lib. . cap. . where it is said , that trade and traffique is by the law of nations ; so that commerce , trade , & traffique for merchandize , between the people of several nations and kingdoms , is a principal subject of the law of nations ; and therefore to that question that hath been made in england , whether the ancient customes payable for merchandizes , did first grow due by our customary common law or statute law of england ? why may i not answer , that neither the customary law , nor the statute law of england , but the generall law of nations did first give these duties unto the crown of england ? for as the law of nations was before kings , for kings were made by the law of nations , ex jure gentium reges originem traxerunt , saith baldus ; so kings were no sooner made by the law of nations , but presently the same law , cum creatus fuerit rex ei omnia regalia conceduntur , & competit omnibus regibus jus imponendi quantum habet begalia , saith baldus , vectigalia introduct a sunt à jure , &c. which is the law of nature or nations , ideo non otiosased favoralia , saith another doctor , did annex this prerogative to their several crowns , vectigalorigine ipsa jus caesarum & regum partimoniale est , saith another , inhaeret sceptro saith another ; and therefore when our ancient british kings took up customes for merchandizes transported into france , as strabo writeth , britanni vectigalia tollebant gravia earum rerum quas brevi trajectu in galliam importabant ; shall we presume they did it by act of parliament ? no , for doubtlesse they did it by vertue of this prerogative given unto them by the law of nations ; for kings upon their first institution did greater things than this , by their prerogative , without the consent of the people , vetusissima coronae jura ex singulari regum decreto primitus orta , saith a learned doctor ; and at first saith iustinian , arbitria regum prolegibus fuere , and so saith halicarnassus , lib. . cicero offic. lib. . and truly as customes and impositions taken upon importations of merchandizes , being most properly called vectigalia , à mercibm evectis & invectis , are the most ancient duties payable to the king ; so are the same grounded , saith bodin , upon the greatest reason and equity in the world , quid est enim rationi & aequitati magis consentaneum quàm & is qui in nostro territorio & ex nostris questum facit principi nostro cujus permissu & sub cujus protectione negotiatur aliquod perdat & presolvat ? and this common reason and equity which is the ground of these duties payable for merchandizes , what is it else but the law of nations ? which is nothing else but that which common reason hath establisht amongst all men for the common good of all men , and which all nations have received and imbraced for their mutual benefit and commoditie . neither is this the onely prerogative which the king of england hath by the law of nations , habet & rex in regno suo ( saith bracton ) alia privilegia de jure gentium propria , viz. soreceum maris thesaurum insentum grossos pisces , & balenas & sturgiones wavias , &c. huiusmodi de jure gentiune pertinent ad coronam , saith stampford prerogativa regis , fol. . . adde hereunto the absolute power of the king , to make war and peace , league and truces , to grant safe conducts , to pardon all offenders , to distribute all degrees of honour , and the like , wherein the king hath sole and absolute power , merune imperium & non mixtum , and which prerogative is as antient as the crown , and incident to the crown by the law of nations . lastly , for the proof that our common law doth acknowledge and prove the law of nations in most of these cases . the book edw. . . doth approve the kings absolute power in making war , peace , and leagues ; and in edw. . . that part of the law of nations , whereby the high constable and marshall of england , do proceed in their courts of war , and chivalrie , is called the law of the land . we finde also the kings sole power in hen. . rot. parliament . in archivis turris london , for coyning of money ; we have the case of mines , com. . for safe conduct of merchants , and stop of trades , tempore guerrae , and letters of reprisall we have edw. . . r. . . magna charta cap. . and the register wherein we find writs of reprisall . chap. iii. of the law merchant , which is a branch of the law of nations , and how it differs from our common law , and how in the judgement of our law ; merchandizes do differ from other goods & chattels which do not crosse the seas , and how the common law and statute law of england do admit and allow of the law merchant . mercaturavel societas mercatorum est magna respublica ( saith vlpian ) and therefore that common-wealth of merchants hath alwayes had a peculiar and proper law to rule and govern it ; this law is called the law merchant , wherof the laws of all nations do take speciall knowledge ; first both the common law and statute law of england do take notice of the law merchant , and do leave the causes of merchants and merchandizes to be decided by the rules of that law ; for what saith the book of edw. . , ? a merchant stranger made sute before the kings privy council , for certain bailes of silk feloniously taken from him , and it was moved that this matter might be determined by common law , unto which motion the lord chancellor doth there answer ; this sute is brought by a merchant , who is not bound to sue according to the law of the land , nor to tarry the tryal of twelve men , nor other solemnity of the law of the land ; albeit , the king hath jurisdiction of him within the realm , and may cause him to stand to his judgement , yet this must be according to the law of nature , which some call the law merchant , which is a law universall throughout the word ; these are the words of that book , & it is there resolved by all the justices , that if the merchandizes of such a merchant stranger , be stollen and waved by the felon , the king himselfe shall not take those merchandizes as waifes , though in that case the goods of another person were lost by the common law of england . doth not this case make it manifest , that in the judgement of our common law , merchandizes that crosse the seas , are goods of another nature , quality , and consideration , than other goods and chattels which are possessed within the realm , and do not crosse the seas ? this learning is not common in our books , and therefore i think it meet to exemplifie this difference with more cases in this point . if two merchants be joynt-owners , or partners in merchandizes , which they have acquired by a joynt-contract , in this case the one shall have an action of account against the other , die legem mercatoriam , saith the register , fol. . and f. n. . d. and yet by the rule of the common law , if two men be joyntly possessed of other goods which are not merchandizes , the one shall not call the other to account for the same . again , if two merchants have a joynt interest in merchandizes , if the own die the survivor shall not have all , but the executor of the party deceased , shall by the law merchant call the survivour to an account for the moytie f.n. . d. whereas if there be two joynts of other goods which are not merchandizes , the survivor shall have all , per jus accrescendi , even by rule of the common law . again , in an action of debt , upon a simple contract which is without deed in writing , the defendant by the common law may wage his law , that is , he may bar the plantiff of his action by taking an oath that he doth not ow the debt nor any part thereof , and yet in itin. derby edw. . iohn crompton merchant , upon a contract without deed , the defendant would have waged his law , but was not permitted so to do , and so judgement was given against the said defendant . again , the goods of ecclesiastical persons are discharged of toll by the common law , si non exerceat marchandizas de eisdem , saith the register , . a. for then their goods are charged , being now become goods of another nature , when the same are turned into merchandizes ; so are the goods of the french nobility discharged by gabels and impositions if they traffique not , but if they traffique , saith bodin , their goods are charged like other merchandizes . again , for goods wrongfully taken within the land , the common law giveth remedy against the trespasser , or the wrongfull taker onely ; but if an english merchant be spoiled of his merchandizes upon the sea , or beyond the sea , by the subject of another king , the register doth give him a writ of reprisall against all the subjects of that nation , regist. . . and hen. . we find a more brief cause of justice , for there the king in respect of the loss which certain merchants of london had sustained , by an arrest made of their goods , made by the countesse of flanders , doth grant unto them all the merchandizes whereof the flemings were possest in england , rot. pa. e. .m. . in archivis turris london : whereupon the lord mayor of london , did seize so much goods of the flemish merchants as amounted to . marks and delivered the same to thomas debassing , and other merchants , who had suffered loss by that arrest ; and in the same roll of ed. . the lord mayor of london , and bailiffs of southampton , are commanded by the kings writ , quodomnes mercatores londienses ad partes angliae accedentes per bona & catalla sua distrin guantur sed in legem mercatoriā & consueti dinem regni ad satisfaciendum mercatoribus florentinis de pecuniis ipfi mutuo tradiderunt willielmo episcopo leodiensi . here we see that lex mercatoria , which doth apparently differ from the ordinary cōmon law of this kingdom , is said to be consuetudo regni . and lastly , in a sute at the common law no mans writing can be pleaded against him as his act and deed , unlesse the same be sealed and delivered ; but in a sute between merchants , bills of lading , bills of exchange , being but tickets without seals , letters of advice and credences , policies of assurance , assignations of debts , all which are of no force at the common law , are of good credit and force by the law merchant . thus we see how merchandizes do differ from other goods and chattles in the eye of the law , and how the law merchant doth differ from the common law of england , and how the common law doth admit and allow thereof . our parliaments likewise have not onely made extraordinary provision for the more speedy recovery of debts due unto merchants for their merchandizes , than is provided by our common law , as appeareth by the statute of acton burnell , made the ed. . and the statute de mercatoribus made ed. . but also have course of proceedings , in cases of merchants differing from the course of our common law , for by the statute of ed. .cap . . it is declared , that the proceedings in causes of merchants shall be from day to day , and hour to hour , according to the law of the staple , and not according to the course of the common law ; and by another article in the same parliament , that all merchants comming to the staple , should be ruled according to the law of merchants touching all things comming to the staple , and not by the common law of the land ; and by another article , that neither of the benches , nor any ordinary judges of the common law shall have any jurisdiction in those cases ; and lastly , that the law of marque and reprisall , which is a branch of the law merchant , shall be used as it had been used in times past . so as the parliament doth but declare the ancient law , and doth not introduce a new law in those cases . untill i understood this difference between merchandizes & other goods , and between the law merchant and the common law of england , i confess i did not a little marvell , england being so rich , and entertaining traffique with all nations of the world , having so many fair ports and so good shipping , the king of england also being the lord of the sea , and also a principall part of his royal revenue consisting in duties payable for merchandizes , so as many questions must of necessity arise in all ages touching merchants and merchandizes , what should be the cause that in our books of the common law of england , there are to be found so few cases concerning ships or merchants , or concerning customes or impositions payable for merchandizes . but now the reason thereof is apparent , for the common law of the land doth leave these cases to be ruled by another law , namely the law merchant , which is a branch of the law of nations . the law merchant , as it is a part of the law of nature and nations , is universall and one and the same in all countries in the world , for as ciccro saith of the law of nations , non orit alia lex romae , alia athenis , alia nune , alia posthac , sed & omnes gentes & omni tempore unalex eademque perpetua continebit , &c. so may we say of the law merchant , there is not one law in england , another in france , another in spain , another in germany , but the same rules of reason , and the like proceedings of the law merchant are observed in every nations ; for as our chancellor of england affirmeth , e. . . that the proceedings of the law merchant ought to be according to the law of nature , which is universall ; so say the civilians of severall nations . the italian doctor saith , in curia mercatorum naturalis aequitas praecipue expectanda , & ex aequo & bono causas dirimendas esse ; the french man saith , in curia mercatorum proceditur de mer a aequitate omissis solemnitatibus & apicibus juris ; the spaniard likewise saith , apices & subtilitas juris non considerantur in foro mercatorio ; whereby it is manifest , that causes concerning merchants and merchandizes , are not wont to be decided by the peculiar and ordinary laws of every country , but by the generall law of nature and nations , out of which resulteth this conclusion . suppose it be admitted that by the positive law of the land taxes and tallages may not be laid upon our goods within the land , without an act of parliament , yet by the law of nations , and by the law merchant , which are also the law of england , in cases of merchandizes the king of england , as well as other kings , may by vertue of his prerogative , without act of parliament , lay impositions upon merchandizes crossing the seas , being goods whereupon the law doth set another character than goods possessed in the land , as is before expressed . chap. iv. of the imperial or civil law , and of the extent of the iurisdiction thereof , of what force it is at this day within the monarchies of europe , and in what case it is received within the king of englands dominions , and how it warranteth all kings and absolute princes to lay impositions upon merchandizes . when the city of rome was gentium domina & civitas illa magna quae regnabat super reges terrae , the roman civil law being communicated unto all the subjects of that empire , became the common law , as it were , of the greatest part of the inhabited world ; yet the extent thereof was never so large as that of the general law of nature , as it is noted by cicero , offic. lib. . majores nosiri aliud jus geutium , aliud civile jus esse voluerunt , quod enim civile non idem continue , gentium , quod autem idem civile esse debet , whereby it is manifest , that the law of nations is and ought to be a binding law in all states and countries ; as it is binding , so it is perpetuall , and cannot be rejected , as the roman civil law is rejected in most of the kingdoms in europe , in such cases as do arise within the body of every kingdom . in france , philip le bell ( saith bodin ) de repub. lib. . cap. . when he erected the courts of parliament at paris , and mountpelier , did expresly declare , that they should not be bound in their judgments by the rule of the roman civil law , and in erecting of all the universities of france , they are charged in their severall charters , not to revive the profession of the civil and common law , as of binding laws in that kingdom , and therfore earum non imperio sed ratione utimur , saith another learned doctor of france . in spain , saith bodin , in the same place , several kings have made edicts , that no man upon pain of death , should allege the roman civil law as a binding law in their dominions . and that stephen king of spain did forbid the publique pleading of the civill law . as for england , to omit what pope elutherius wrote in his epistle to lucius the first christian monarch of the britains , and whereof mention is made in saint edwards laws de protestate regia & ecclesiastica , published in the time of hen. . petiistis ( saith he ) leges romanas & caesaris vobis transmitti quibus in regno britaniae uti voluistis , leges romanas & caesaris reprobare possumus , legem dei nequaquam , &c. in a parliament holden in england r. . when a course of proceedings in criminal causes , according to the civil law was propounded , an answer was made by all the states assembled , that the realm of england neither had been informer times , nor hereafter should be ruled and governed by the civil law , rot. parliament . r. . in archivis turris london , and accordingly chopinus the french lawyer in his book de domino franciae tit. . speaking of the civil law , hujus romani juris ( saith he ) nullus apud anglos usus , sed ex veteri gentis instituto britani reguntur legibus municipialibus quas illis majorum mores praescripserunt . but this is to be understood of causes arising within the land onely ; for all marine and sea causes which doe arise for the most part concerning merch . and merchandizes crossing the seas , our kings have ever used the roman civil law for the deciding & determining therof , as the romans did use the law of the rhodians in those cases , according to the memorable rescript of the emperour anthonius , terram suis legibus rhodiis regi . how be it now , those laws of the rhodians are digested and incorporated into one body of the civil law ; the jurisdiction touching causes arising upon the sea , is committed by the king of england to his admirall , who in his court of admiralty doth proceed in those cases according to the rule of the civil law . now for the rules of the civill law touching the power of kings , in laying impositions upon merchandizes , the same are clear without question , and observed without contradiction in all the nations of the world , regiitantum juris ac muneris est vectigalia imponere , redditus , seu vectigalia portus quae perveniant ex his quae in portum vel ex portu vehentur regalia sunt , rex qui non recognoscit superior em potest instituere nova vectigalia , &c. hoc est jus totius mundi , totus mundus hoc jure utitur , the d. doctors who interpret the imperiall law , have their books full of these rules . and if it be objected , that these rules of the imperiall law are onely intended of the emperour , a learned civilian hath this position , plus juris habet rex in regno quam imperator in imperio , quia rex transmittit regnum ad successionem quod non facit imperator , quiest tantum electionis , &c. lastly , when i speak of the rules of the civil law , and make use thereof , i do apply the same onely in cases of merchandizes crossing the seas , which i do expresse by way of protestation , that i may not be mistaken here , and in other places where i cite the text of the imperiall law , as if i intended that law to be of force in england generally , as in other places . chap. v. of the canon or ecelesiastical law , and how far forth it doth examine and resolve this question in cases of conscience only . the canon law is received and admitted in england , as a binding-law in cases ecclesiasticall , which are indeed the proper subjects of that law . but this question of imposition is meerly civil , and therefore the canon law doth not handle it but in cases of conscience only , & so indeed it doth examin and determine in what cases an absolute prince may with a good conscience lay and demand new impositions , decret. causae . quaesti . . princeps potest indicere nova vectigalia , and in summa summarum tit. degabellis & exactionibus , these rules and distinctions are laid down . quilibet monarcha potest imponere novum vectigal , quod tamen boni viri arbitrio moderaudum est , potest princeps imponere vectigal ultra conventiouem in duobus casibus . i. quando redditus ejus non sufficiunt ad segimē boni & cōmunis & decentiam status ejus . . quando non sufficiunt ex nova emergentia principes enim sunt à deo instituti ut nō quaerant propria lucra , sed cōmunem utilitatem populorum , lilia agri neque arant neque nent , which may be applyed , saith a french monk , to all princes , but espicially to the kings of france , because they bore the lilies . the canonists do likewise allege the example of our saviour , who paid an imposition of poll-money , and wrought a miracle to enable himself to do it ; that the tribute-money which christ commanded to be paid , date caefari quae sunt caesaris , and the custome which saint paul willeth every christian to pay willingly , reddite omnibus , cui tributum , cuivectigal , were but impositions raised by the emperours edict only , without the consent of the people ; and yet saint paul requires obedience to princes in that case , not only for fear of the princes displeasure , but for conscience sake , non solum propter iram sed propter conscientiam . chap. vi . that this question of imposition may be examined and decided as well by the rules of the laws before mentioned , as by the rules of our municipiall laws or common law of england . forasmuch as the general law of nations , which is and ought to be law in all king doms , and the law merchant is also a branch of that law , and likewise the imperiall or roman law have been ever admitted , had , received , by the kings and people of england , in causes concerning merchants and merchandizes , and so are become the law of the land in those cases ; why should not this question of impositions be examined and decided by the rules of those laws so far forth as the same doth concern merchants & merchandizes , as well as by the rules of our customary or common law of england , especially be cause the rules of those other laws are well known to the other nations , with whom we have commerce , and to whō and from whom all merchandizes are transported , wheras the rules of our own municipall laws are only known within our islands ; and if this question may be decided either by the laws of nations , or by the law merchant which is but a member thereof , or by the roman civil law , we find this point clearly and absolutely determined , and over-ruled by the rules of those lawes , viz. that all absolute kings and princes may set impositions upon merchandizes by their prerogatives , and thereupon we may conclude , that since one monarch hath as much power as another , as fortescue in his book de laudibus legum angliae , affirmeth , the k. of england , as well as any other king , as the emperour himself , cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio , as king william rufus told the arch-bishop anselm , may by vertue of his royal prerogative annexed to his crown , and inherent to his scepter , lay impositions upon merchandizes exported or imported into any of his kingdoms or doninions . chap. vii . of the kings prerogatives in general , and that the same do consist in certain speciall points or cases reserved to the absolute power of the crown ; when the positive law was first established , and that the canon law of england doth acknowledge and submit it self to these prerogatives . by the law of nature all things were cōmon , and all persons equal , there was neither meum nor tuum , there was neither king nor subject ; then came in the law of nations , which did limit the law of nature , and brought in property , which brought in community of things , which brought in kings and rulers , which took away equality of persons , for property caused contracts , trade , and traffique , which could not be ministred without a king or magistrate ; so as the first and principal cause of making kings , was to maintain property and contracts , and traffique , and commerce amongst men . hereupon by the same law of nations , tributes and cust̄omes became due to the king or prince to maintain him in his place of government , quasi ministerii sui stipendia , saith the school-man , deo minister est tibi in bonum ideo & tributa potestas , saith saint paul , and all these things , namely property , and contract , and kings , and customes , were before any positive law was made ; then came the positive law , and limited the law of nations , whereas by the law of nations the king had an absolute and unlimited power in all matters whatsoever . by the positive law the king himself was pleased to limit and stint his absolute power , and to tye himself to the ordinary rules of the law , in common and ordinary cases , worthily and princely , according to the roman emperour , dignissimum principe rex se allegatum legibus consiteri , retaining and reserving notwithstanding in many points that absolute & unlimited power which was given unto him by the law of nations , and in these cases or points , the kings prerogatives do consist ; so as the kings prerogatives were not granted unto him by the people , but reserved by himself to himself , when the positive law was first established ; and the king doth exercise a double power , viz. an absolute power , or merum imperium , when he doth use prerogatives onely , which is not bound by the positive law ; and an ordinary power of jurisdiction , which doth co-operate with the law , & whereby he doth minister justice to the people , according to the prescript rule of the positive law ; as for example , the king doth not condemn all malefactors , but by the rule of the positive law ; but when the malefactor is condemned by the law , he giveth him a pardon by his absolute prerogative . again , the king doth punish the breach of the peace within the land , by the ordinary course of the cōmon law , but he doth make war and peace with forreign nations , quod pertinet ad liberum jus gladii , as a doctor speaketh , by that absolute and unlimited power , which the law of nations hath given unto him . again , the king doth establish the standard of money by vertue of his prerogative only , for the common law doth give no rule touching the matter , or form , or value thereof ; but when those monies are dispersed into the hands of the subjects , the same do become subject in respect of the property thereof , to the ordinary rules of the common law . again , the right of free-hold and all inheritance , and all contracts reall and personall , arising within the land , are left to be decided by the positive law of the land ; but the government and ordering of traffique , trade , and commerce , both within the land and without , doth rest in the crown as a principall prerogative , wherein the king is like to primum mobile , which carrieth about all the inferiour spheres in his superiour course , and yet doth suffer all the planets underneath him to finish all their divers and particular courses ; or rather he doth imitate the divine majesty , which in the government of the world doth suffer things for the most part to passe according to the order and course of nature , yet many times doth shew his extraordinary power in working of miracles above nature . and truly , as the king doth suffer the customary law of england to have her course on the one side , so doth the same law yeeld , submit , and give way to the kings prerogative over the other ; and therefore in the hen. . fol. . there is a rule , that every custome is void in law quae exaltat in praerogativum regis , which is an argument , that the kings prerogative is more ancient than the customary law of the realm ; besides , the power of the kings prerogative above the common law doth appear in this , that whereas all privileges do flow , and are derived from the kings prerogative , and every privilege in one point or other privat communem legem , yet the common law doth admit and allow of privileges granted by vertue of the king prerogative . chap. viii . of the kings prerogative in the ordering and governing of all trade and traffique in corporations , markets , and fairs within the land , and the common law doth acknowledge this prerogative , and submit it self there unto . first , it is manifest that all corporations of cities and boroughes within the land , were chiefly instituted for trade and commerce , and not by the rule of common law ; no such corporation can be made but by the kings charter ; for though there have been some corporations which have been time out of mind , yet the law presumes that the same at first had their beginnings by the grant of the king ; besides , we find in divers ancient charters made unto those corporations , a power granted unto the king to take de omnibus rebus venalibus within their liberties , certain sums of money , viz. delibra piperis , so much , de libra zinziberis , so much , de quolibet panno , &c. for murage , or towards the reparation of their walls , which is nothing else but an imposition laid by the kings charter to maintain those cities & boroughs wherein trade and traffique is maintained ; wee find such a charter granted to nottingham , edw. . pat . m. . in arch. turris london . the like is granted to cloneniell , and to some other towns in ireland . f.n. . b. we find a patent granted to a burrough in england , to take for five years a certain sum of money of every passenger , toward the paving of the same town . again , no fair or market may bee holden within the realm , neither can a multitude of subjects assemble themselves together to that end , without a speciall warrant or grant of the king ; and when a subject hath a grant of a fair , he hath a court of py-powder incident thereunto , wherein the proceeding in summary & de plano from hour to hour , as in the court of merchants ; and for the government of all fairs and markets , especially touching weights and measures , the standard whereof was first established by the kings ordinance , to whom the establishing of the standard monies , which is mensura publica omnium rerum commut abilium , is also reserved as a speciall commoditie . besides , in every fair and market where things are bought by retail , for the necessary use of the buyer , and not to sell the same again as merchandizes in another market , for that is regrating and unlawfull , by the rule of the common law , there is a toll taken , which is nothing else but an imposition laid upon the buyer , and that that toll was originally imposed by the kings prerogative , it is manifest in this , that the ancient tenants of the crown , namely the tenants in ancient demeasne , are discharged of toll in all markets and fairs ; and that the king by charter hath discharged divers other persons of toll , as appeareth in the register of writs , and pitz. na. brevium , where we find divers writs essend quiet de theolneo . but this discharge of toll is onely for things bought for necessary use of the buyer , and for merchandizes , for the tenants in ancient demeasne are discharged of toll , for such things only as are for their provisions , or manurance of their lands , and in the writ which dischargeth the goods of ecclesiasticall persons of this toll , there is this clause , dummodo non faciat merchandiz as de iisdem , as is before declared . lastly , the kings prerogative in the ordering and government of trade within the realm , doth appear in that notable charter granted to the abbot of westminster , recited in the register of writs , fol. . wherein the king doth grant to the abbot and his successors , to hold a fair at westminster for thirty two dayes together , with a prohibition that no man should buy or sell within seven miles of that fair , during that time . chap. ix . that the king hath another prerogative in the government in the trade of merchandizes crossing the seas , differening from the prerogative which he useth and ordereth in trade and traffique in markets and fairs within the land , and of the difference between custome and toll by the rules of the common law . touching merchandizes crossing the seas outward and inward , the same are of another quality , and the law hath another consideration thereof , than it hath of such things as are bought and sold in fairs and markets within the land , as is before expressed ; and therefore the duties payable upon the exportation and importation of merchandizes , have another name , being called customes , and not toll , and are also paid in another manner , for customes must be paid before the merchandizes be discharged and brought to land ; whereas toll is not paiable but for goods brought into the fair or market . again , custome must be paid whether the merchandizes be sold or not , but toll is not due but for goods bought and sold in the market . again , custom is alwayes paid by the merchant , who selleth or intendeth to sell his merchandizes in grosse ; but toll is ever paid by the party who buyeth some commodity for his proper use and provision by retail . lastly , if customes be not paid or agreed for before the merchandizes be discharged and brought to land , the merchandizes are ipso facto forfeited , and may presently be seized to the use of the king ; but if toll be not paid , the thing sold is not forfeited , only it may be distrained and detained till the toll bee paid ; or an action upon the case may be brought for the toll . these differences between custome and toll do apparently prove that merchandizes for which customes are paid , do differ from other goods sold in the markets and fairs , for which toll is taken , and that the trade of merchandizes crossing the seas , and the trade that is used in markets and fairs , are ordered by different prerogatives ; and as the tolls of severall kinds which are taken in markets , fairs , and towns corporate , were first imposed by vertue of that prerogative , whereby the king ordereth all trade within the land ; so by vertue of that other prerogative whereby the king governeth the trade of merchandizes crossing the seas , the crown of england , ever since the first institution of the monarchy , hath from time to time raised and received out of merchandizes , customes , and impositions , of divers nature and natures , according to the diversities of merchandizes exported and imported , and the divers occasions and necessities of the comercion . chap. x. of the ancient duty called custome , payable for our principall commodities exported , and that it was originally an imposition . the ancient duties payable for merchandizes , were but of two kinds , and known by two names , customes and prizes ; customes were paid for homebred and native commodities exported , and prizes were taken out of forreign commodities imported . the native cōmodities out of which custome was paid , were wooll , wooll-fells , and leather , and this custome did consist of rertain rates or sums of mony , imposed by the king upon those merchandizes exported , which rates were raised and reduced higher or lower , from time to time , as occasion did arise ; for although in the time of king edw. .the customes payable for those commodities were reduced to this certainty , viz. to a demi mark for every sack of wooll , a demi mark for every three hundred wooll-fells , and a mark for every last of leather , which we call now the great and ancient custome , ab initio non fuit sic , these were not the rates from the beginning , for not long before that time there was a greater and more ancient custome paid for the exportation of those commodities , britanni ( saith strabo ) vectigalia tollebant gravia earum rerum quas brevi trajectu in galliam importabant ; this was magna customa in the time of the britans ; and though the certain rates thereof doth not appear , yet because the same were gravia vectigalia in those dayes , we may easily beleeve that custome to have been greater than the demi mark for a sack of wooll . again , the statute of magna charta , which was as ancient as king iohn , speaketh of ancient customs payable for merchandizes , and the book of edw. . maketh mention of ancient customes granted to king iohn , in the town of southampton , which doubtlesse were other customes than that of the demi mark , &c. for that in the record of the tower , edw. . rot. sin . . & rot. patent of the same year , m. . the demi mark which was first established by the kings letters patents , is called nova custuma , and this was a diminution of the ancient custome , saith the book of h. . dyer . again , when the same king edw. . had by his writ onely , without act of parliament , established the custome of the demi mark , &c. in ireland , in all the customers accounts , which are found in the pipe-rolls , in the time of edw. . edw. . edw. . in that realm , it is also called nova custuma , which importeth as much as a new imposition , for imposition is a new name , and hath been of use but of late years , whereas every new charge laid upon merchandizes in ancient times , was called nova custuma , as the lord chief baron fleming observed in his argument in bates case of currans , in the exchequor of england ; but because this custome of a demi mark was a reducement made by king edw. . of the great and ancient custome to that proportion which was then thought reasonable ( as after upon sundry petitions of the commons , was allowed by the succeeding princes ) it obtained in tract of time the name of the great and ancient custome ; this custome of demi mark was not granted to the king by parliament , but reduced to that rate by the king , by the prayer of the cōmons , as is expressed in the record of edw. . fin . memb. . for albeit the charter for confirmation of magna charta , made in edw. . doth recite , that the demi mark was granted by the cominaltie , yet is there no act of p. printed or recorded , wherein that grant of the cominaltie doth appear , neither can it stand with the rule of reason that the demi mark being a diminution of the ancient custome should proceed from the grant of the cominalty to the king , for the king would never have accepted of such a grant as did diminish his revenue , neither had it been thank-worthy or acceptable , and therefore the king having a negative voice , would never have given his assent to such a grant in parliament ; but it is to be presumed that this diminution of the ancient custome was made in parliament , and not by parliament , and that by prayer of the commons , as the record of edw. . rot. fin . memb. . testifieth , the king was then well pleased for that time to draw down the ancient custome to that rate , and the people did willingly yeeld and consent to the payment thereof ; and this i take to be the true interpretation of the charter or statute made in edw. . and therefore because we find no act of parliament whereby the people did originally grant the great and ancient customes to the king , and because we find it was uncertain and subject to diminution and alteration , we may conclude , that it was but an imposition laid by the king from time to time by vertue of his prerogative , without any grant from the cominalty of the realm who can make no grant but by act of parliament ; & in truth it were absurd to aff●rme , that the great and ancient custome imposed upon native commodities of the kingdom was first granted by act of parliament ; since it cannot be imagined that ever those commodities did passe out of the kingdom , without custome , being equal in time with the first scepter ; and since the scepter was established many hundred years before the people were called to be in parliament ; besides , the very name of custome doth note and argue that it began before any act of parliament was made , for that it signifieth a duty payable or accustomable to be paid time out of mind , which in presumption of law , is before any record ; wherefore the rules in the lord dyers book are good law , viz. the king hath an estate of inheritance in the custome payable for merchandizes , as being a prerogative annexed to his crown . and again , hen . . custome is an inheritance in the king by the common law , and not given by any statute . chap. xi . of the ancient duties called prizes , taken out of forreign goods imported , except wines , and the petty-customes of three pence of the pound were accepted by king edw. . in lieu of prizes . for the forreign commodities which are brought into england , our kings in ancient times did not take any rates , or customes , or sums of money , but took such part of the severall commodities in specie , as they thought fit for their proper use , paying for that they took a price as themselves did likewise think fit and reasonable , which was called the kings price ; this prerogative is proved by the rule of the imperiall law , rex nonrecognoscens superiorem potest è india in propria causa , and also by the rule which is given edw. . . where the bishop of norwich having forfeited to the king thirty talents of beasants of gold , because the quantity and value thereof was uncertain , it was adjudged that the kings house should set down of what quantity and value every talent should be , and that the same should be paid accordingly ; and by the same prerogative , whensoever any subject is to pay a fine or ransome unto the king for a contempt , the king himself doth limit and set the fine or ransome at his own will or pleasure . the forreign commodities thus taken by the king in spain , at his own price , were called prizes , but because these prizes were many times grievances to the merchants , and brought little or nothing to the kings coffers , that prudent prince edw. . by that famous charter called charta mercatoria , made in the year of his reign , did remit unto all merchant strangers their prizes , and did grant quod de caetero super mercimonia merchandizas vel bona ipsorum per ipsum regem vel ministros suos nullos nulla appretiatio vel estimatio apponeretur , & quod nulla prisa vel arrestatio ratione prisae inde fieret , &c. and the charter doth further recite , that for the remission of these prizes the merchants strangers did grant unto the king three pence upon the pound , now called the petty-custome , out of all forreign merchandizes imported , except wines ; and for our native commodities exported , they would pay for every sack of wooll four pence , and for every three hundred wooll-fells six shillings and four pence , and for every last of leather a demi mark , over and above the duties payable by denizens for the same commodities ; which grant being made by the merchants of every nation , not being incorporated and made a body politick , is in respect of them of no force of the rule of the common law , until the kings charter made it good and maintained it , untill it was confirmed by parliament edw. . which was fifty years after the date of the charter , upon the matter these duties payable by merchant strangers , were onely impositions raised and established by the kings charter , which charter being made in england , was after wards established , exemplised under the great seal of england , and transmitted into ireland , with a special writ directed to the officers of the customes there , to levy three pence of the pound , and other duties mentioned in that charter , as appeareth in the red book of the exchequer there ; by vertue of which writ onely , without act of parliament , the three pence of the pound and other duties were levied and paid to the crown in ireland . chap. xii . of the ancient customes payable for wines , called prizage and butlerage . the most ancient custome payable for wines is prizage , which is not any sum of money , but two tunns of wine in specie , out of every ship freighted with twenty tun , the one to be taken before the mast , and the other behind the mast of the ship ; and the price which the king himself did limit to pay , was twenty shillings onely , for every tun , as appeareth by an ancient record of hen. . whereby we may conjecture , what easie rates the king gave for the prizes of other merchandizes . this custome of prizage was meerly an imposition , for it could not be granted by the merchants of forreign nations , being no body politique , as is before declared ; neither is there any act of parliament wherby our own merchants did ever grant it unto the crown . this duty of prizage was remitted unto the stranger , by the charter of edw. . before mentioned , and in lieu thereof , by vertue of the same charter , the king before mentioned receiveth two shillings for every tun of wine brought in by strangers , which we now call butlerage ; but prizage is paid in specie by all our own merchants at this day , the citizens of london only excepted , who having remissiō of prizage by a special charge , were charged with a new imposition called gauge , viz. de quolibet dolio d. de vinis venientibus london , which was accounted forreign , magno rot. an. edw. . in the office of the pipe at westminster ; the last of these impositions , which by the continuance have gotten the name of custome , was laid and imposed three hundred years since , and have ever since been approved , and are now maintained by the common law of england , as the lawfull and ancient inheritance of the crown . chap. xiii . of the ancient officers which our kings have created by vertue of their prerogatives , to search and over-see all sorts of merchandizes , and to collect the duties payable for the same . as our ancient kings by vertue of their prerogative without parliament , have laid the customes or impositions before expressed , upon all sorts of merchandizes exported and imported ; so by the same prerogative have they ordained severall sorts of officers to search and over-see those merchandizes on which they had laid those impositions , namely the gauger of wines , a high officer , is as ancient as the imposition of the gauge it self before mentioned ; the alneger of the cloths which is more ancient than any act of parliament that makes mention of the cloths , for there is a record of edw. . in archivis turris which speaketh of the alneger , the packer of woolls , the garbellor of spices ; besides , the officer of the customes , viz. the customer comtroller and searcher ; all which officers have ever taken fees of merthants , both denizens and aliens , not by grant of the merchants or act of parliament , but by vertue of their severall patents granted from the king . chap. xiv . of other impositions , besides the ancient customes before mentioned , laid upon merchandizes , by severall kings and queens since the conquest ; some of which impositions have been discontinued or remitted , and some of them are continued and paid at this day ; and first of the imposition set by king edw. . over and besides the customes spoken of before . it appeareth in the record of the exchequer of england , that in edw. . an imposition of four shillings was laid upon every tun of wine brought into england , from certain towns in gascogine and spain , and at this day answered and compted for duty , for the space of ten years , untill the edw. . when it was remitted but during the kings pleasure only ; it appeareth likewise edw. . by the charter of the confirmation then made of the great charter , that king edw. . had for divers years before , set and laid an imposition of fourty shillings upon every sack of wooll exported , which ad instantiam communitatis he was pleased to remit ; which remittall was of meer grace , upon the petition of the commons , after that imposition had been laid many years before ; and it is to be noted , that this imposition of fourty shillings upon a sack of wooll , was taken and levied above twenty years together , after the new imposition of the demi mark upon a sack of wooll , which was set and established ; for that begun in edw. . and this imposition of fourty shillings continued till edw. . which is a strong argument that the first establishment of the demi mark , was not by a binding act of parliament , with a negative voice , that no other duties should be taken for those merchandizes , as was surmized , but was only a mitigation or reducement of a greater custome paid before , which was done of meer grace , upon some reason of state at that time . chap. xv . of the imposition set and taken by king edward the second . king edward the second , in the beginning of his reign , did as well take the ancient as the new custome upon wooll , wooll-fells , and leather , which ancient custom must needs be intended an ancient imposition over and besides the demi mark , which was then called the new custome , and this appeareth by a record in the tower , ed. . claus. memb. . where the king directeth his writ , collectoribus suis tam antiquae quam novae customae lanarum pellium & corriorum , and requireth them to pay certain debts of his fathers , king edward . out of their old and new customes , and a hundred thousand pound pro damnis occasione retardationis solutionis debitis , &c. and howbeit afterwards , he being a weak prince and misguided by ill counsell , and over-ruled by his unruly barons , was driven first to suspend the payments of his customes of three pence the pound , and other duties contained in charta mercatoria , during pleasure only , as appeareth by his writs of supersedeas , directed to the collectors of his customes , e. . claus. memb. . and after that by an ordinance made edw. . utterly to repeal that charter , and to abloish all other impositions raised or levied since the coronation of his father , ed. . except the customes of the demi mark ; not withstanding after that , again anno . of his reign , when he wanted money for his expedition into scotland , exquirentes vias saith he in his writ to the collectors of his customes at london , rot. fin . memb. . in archivis turris , quibus possemus pecuniam habere commodius & decentius , tandem de consilio & advisamento quorundam mercatorum inveniemus subscriptum , which was , that he should receive by way of loan forsooth ( which never was repaid ) a greater increase of custom upon all merchandizes imported and exported , for it is expressed in the vvrit , that praeter incrementum de lanis coriis & pellibus lanutis , which was a third part more than the demi mark , viz. twenty shillings for every noble ; the king was to receive for every coloured cloth worth three pound sterling , a noble ; for every other cloath worth fourty shillings , four shillings ; for every peece of scarlet , a mark ; for every tun of vvine , five shillings ; for all forreign commodities called averdepois , two shillings the pound ; all which sums of mony he commandeth the collectors of his customes to collect to his use upon their merchandizes ; which levy or collection , though it bear the name of a loan , being not made by authority of parliament , nor with the consent of the whole cominalty , but taken up by the kings vvrit onely , was nothing else but an imposition laid upon merchandizes by the kings prerogative . chap. xvi . of the impositions laid and levied upon merchandizes , by king edward . king edward the third reigned a full jubilee of years , for he dyed in the fiftieth year of his reign ; and during all this time , as there lay upon him a continuall charge for the continuance of his vvars , so was he continually supplied with his customs and impositions which he had laid upon merchandizes , whereof he was so great a husband , & by reason of his good husbandryspent such huge sums of money , as there went a report in those dayes , that raimundus : lullius the famous alchimist , did make that elixer for him , whereas his improving of those duties which were paid for merchandizes , was the true philosophers stone , which did enrich him , and enable him to spend so many millions in his vvars in france . in the first year of his reign , by his wit only , without act of parliament , he gave new life to charta mercatoria , made by edw. . and repealed by edw. . or rather by unruly barons , for the words of the writ are , that the customes and duties payable by the charter , praetextu ordinationum per quosdam magnates in regno nostro factos , ad tempus aliquod cessarunt , & jam adnullatis diciis ordinationibus colligi debent & levari , sicut tempore dicti avi nostri , &c. edw. . rot. fin . memb. . in archivis turris . afterwards the records of this kings time do plentifully declare , that he by vertue of his prerogative , without act of parliament , laid many great impositions , and raised extraordinary profit upon merchandizes , though not alwayes after one manner , yet all the means he used may be reduced unto three kinds . sometimes he did impose certain rates or sums of money upon merchandizes , as fourty shillings upon a sack of wooll , with a ratable proportion upon other commodities , for levying whereof hee only sent out his writs to the collectors of his customes in every port ; and this kind of imposition being of the nature of the impositions now in question , was more usuall and frequent than any other in this kings reign , as appeareth by sundry records in the exchequer , and in the tower of london , e. . rot. . in sccio angliae . e. . rot. parliament . numb. . in arch. turris , f. . rot. . sccio angliae . e. . rot. parliament . , . in arch. turris . e. . rot. . in sccio angliae . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . e. . rot. . sccio angliae . e. . rot. parliament . numb. . in arch. turris . at other times he sent out commissions to take up great quantities of wooll and other commodities , at a low price , set by himself , and transported the same beyond the seas , where he made the best profit thereof , for payment of the wages of his army there , as appeareth by a speciall record in the tower , e. . rot. almaniae pars . numb. . in dorso . these taking prizes of english merchandizes , are the first i find in any record ( for the kings provision of houshold , is of another nature . ) but the king took these woolls in point of prerogative , as his predecessors were wont to take prizes of all forein commodities , untill king e. . did remit all prizes to merchant strangers , by charta mercatoria , as is before expressed ; and also such of english merchants as would pay the customes restrained by that charter , were offered the like immunition from prizes , ed. . rot. parliament , numb. . but our english merchants refused the benefit of that charter , and therefore the king it seemeth was at liberty to take prizes of them as well as strangers . the king did many times shut up all the ports , and stop all trade , and then granted licences to all particular persons to transport wool and other commodities , for which licences he took fourty shillings , sometimes fifty shillings for a sack of wool , and the like rate for other merchandizes , and this is manifest by these records , ed. . rot. . in sccio angliae , edw. . rot. parliament . in arch. turris . thus did this warlike and politique prince , king edw. . by his prerogative , without act of parliament , lay sundry impositions and charges upon all sorts of merchandizes ; and although upon petition of his subjects in parliament , when they granted him other aids and subsidies of greater value than these his impositions , he did many times remit and release those impositions , yet did he often times renew the same , or impose the like again , when the aide or subsidy granted in recompence was spent , as shall be shew'd more particularly when i com to answer the objections which have been against his majesties rightfull prerogative , in laying impositions upon merchandizes . chap. xvii . of the profits raised unto the crown out of merchandizes during the reigns of several kings who succeeded k. edw. . untill the reign of queen mary . true it is , that during the reign of these princes , we finde no impositions directly set upon merchandizes by their absolute power or prerogative ; but they did not forbear to lay impositions directly , for that they wanted right so to doe , or because they doubted of their right in that behalf ; for they well knew they had the same right , the same prerogative , and absolute power that their predecessors had ; but because they found other means to make other profit upon transporting of merchandizes , and that in another manner , and in so high measure , as the trade of merchandizes in those daies could hardly bear any greater charge , without danger of overthrowing all trade and comerce : and therefore those princes did in their wisdomes forbear to lay any further impositions by their prerogatives : for these kings who reigned after king edw. . who conquered callis in france , and before queen mary lost callis , had two principal waies and meanes to raise extraordinary profits upon merchandizes , but proceeding from one cause , namely , from establishing the staple at callis ; for king edw. . some few yeares before his death , did by his prerogative in point of government , without act of parliament , erect a staple at his town of callis , and did ordain , and command , that all the merchandizes exported out of england , wales , and ireland , by any merchant denison , or alien , should presently be carried to the staple at callis , and to no other place beyond the seas . this staple at callis was first setled and fixed there by an ordinance which the king made by virtue of his prerogative and absolute power in the government of trade and comerce , without act of parliament : and if this ordinance so made had been thought unlawful , and against the liberty of the subject , it would never have been approved and confirmed by the judgements of so many parliaments in the times of rich . hen. . hen. . and edw . neither could there have been such heavy penalties layd by those parliaments upon the transgressors of those ordinances : insomuch as in the time of king henry the sixth , it was made felony to transport any merchandizes to any part beyond the seas but to callis onely . now the staple of callis being thus established , there did arise a double profit to the crown for transportieg of merchandizes over and above the ancient customes and other subsidies granted by parliament . first it came to pass , that the customs and subsidies for merchandizes transported out of england , wales , and ireland , which before was single , and payd but once , that is , upon the outgate ; after the establishing of the staple at callis , the duties for the same merchandizes became double at the least , and for the most part treble , and were ever payd twice , and for the most part thrice ; namely , once upon the outgate in the ports of england , wales , and ireland ; secondly , upon the ingate at callis ; and because all the commodities brought into callis could not be vented into the main land there , but the greatest part was to be exported again by sea into higher or lower germany , and other the north east countries , and some into spain , and italy , and the ilands of the levant , there did arise a third payment of customes and subsidies for so much of their commodities as were exported again cut of callis , by meanes whereof the customes and subsidies did amount to threescore thousand , or threescore and ten thousand pounds sterling , per annum , in the latter times of king edw. . and during the reign of rich. . hen. . hen. . and the beginning of the reign of hen. . as appears by the records of the exchequer of england , which according to the valuation of moneys at this day , the ounce of silver being now raised from two shillings to five shillings , do make two hundred thousand pound sterling , per annum , which doth equal , or surmount all the customes , subsidies , and impositions received at this day , though that plenty of money , and price of all things , and consequently the expences of the crown be exceedingly increased in these times . and albeit the breach of amity between the crown of england and the duke of burgundy , who was the lord of the lower germany , in the weak and unfortunate time of king hen. . did cause a stop of trade between us , and that country into which the greatest part of our staple wares , especially wooll and cloth were vented , and uttered , and was likewise the cause of loss of all our territories in france , except callis , and all the merchandizes thereof , whereby the customes , and other duties payable for merchandizes were in the time of that unhappy prince withdrawn , and diminished to a low proportion ; yet afterwards upon the mariage of margaret , sister to king e. . unto the lord duke of burgundy , as that in honour of the english wooll , which brought so much gold into his country , he instituted the order of the golden fleece ; and thereupon the customes , subsidies , and impositions were raised again to so high a revenue , as our kings could not well , in policy , strain that strength of profit upon merchandizes any higher . secondly , albeit the staple established at callis being first established by an order made by the kings prerogative and absolute power , was afterwards approved and confirmed by sundry acts of parliament , yet did the king by another prerogative retain a power to dispence with that ordinance , and those acts of parliament , and to give license to such , and so many merchants as himself thought fit , to export any merchandizes out of england , wales , and ireland , unto any other parts beyond the seas besides , à non obstante of the first ordinance , and of the statutes which did establish the staple at callis . by virtue of this prerogative and power , the several kings who had callis in their possessions , did grant so many licences to merchants , as well aliens as denizens , to transport our staple commodities immediately into other places without coming to callis , for which licenses , whereof there are an incredible number found in the records of england , the merchants payd so dear for their commodities , especially the genoeses , and the venetians , and other merchants of the levant , as by the profits made of those licences did amount to double the value of those customes and subsidies payable for exportation thereof ; and thereof those princes as they had the less need , so had they no reason at all to charge the trade of merchandizes with any other , or greater impositions . in these two points before expressed doe consist the principal cause why the princes of england who succeeded king edw. . who won callis , untill the reign of queen mary , who lost callis , did not directly use their prerogative in setting any other impositions upon merchandizes above the ancient customes and subsidies granted by parliament : for it is to be observed , that most part of those princes who reigned after k. edw. . and before queen mary , had the subsidy of tonnage and poundage granted unto them by parliament , which being added to the gain of the staple of callis , did augment not a little the profit layd upon merchandizes . and may be a reason likewise why those kings did forbear to lay any other impositions by their prerogative . we may adde hereunto other reasons . first , rich. . was a minor , and over-ruled by the great princes of the blood , who would not suffer him to use his prerogative . secondly , that during the wars of lancaster and york there was no fit time to make use of that prerogative , while both parties did strive to win the favour of the people . thirdly , that king hen. . had much ado to settle himself in the quiet possession of the kingdome after those troubles . fourthly , that king h. . had such a mass of treasure left him by his father , and did so inrich himself by dissolution of abbyes , as he had no need to make use of this prerogative . fiftly , that k. e. . was also a minor , and that his chiefest council did more contend to advance their own houses than the kings profit . chap. xviii . that queen mary did use her frerogative in laying impositions upon merchandizes . queen mary , in whose time the town of callis was lost , and consequently the benefit of the staple at callis was lost , did by her absolute power , as appeareth by the report of the lord dyer , eliz. dyer . raise an imposition upon clothes , viz. six shillings and eight pence upon every cloth , over and above all customes and subsidies . true it is , that the merchants petition'd to be disburthened of this imposition , which was referred to the consideration of the justices , and others ; whereupon they had many assemblies and conference , as that book reporteth : and albeit the resolution of the judges in that behalf be not found in that book , it is to be presumed , that they adjudged the imposition to be just and lawfull , because it was continued and answered during all the reign of queen mary . this queen mary likewise by her preroonely , layd and imposition of four marks upon every tun of french wines over and above the prizage and buttlerage , which during her life time was payd without contradiction . chap. xix . that queen elizabeth alsoused her prerogative in laying impositions upon merchandizes . queen elizabeth also by virtue of the same prerogative , did not only continue the impositions layd by queen mary upon cloths and french wines , but did raise other impositions of sundry sorts of merchandizes by the same absolute power ; namely , upon every tun of sweet wines , upon every tun of rhenish wines , upon every kental of allom , which during the time of the prudent princess were payd and received without question . besides , the same queen , upon complaint made unto her in the twelfth year of her reign , that the state of venice did impose one ducket upon every hundred of currans exported out of their dominions by the merchants of england , did by her letters patents , grant unto the english merchants who traded into the levant , that they only , and their assigns , might bring currans into england . the english merchants having this privilege , did take five shillings and six pence upon every hundred waight of currans brought into england by strangers , which was duly payd , although it was taken by the merchants by virtue of their privilege only of sortiori ; yet it ought to have been payd if it had been payable to the queen her self , as the lord chief baron fleming did observe in his argument of bates's case of currans in the court of exchequer in england . chap. xx . that our soveraign lord king james hath by virtue of the same prerogative , without act of parliament , layd several impositions upon merchandizes . his majesty likewise when he came to be king of england finding his crown to be seized of this prerogative , and finding withall the necessary charge of the crown exceedingly to increase , did for the supportation thereof , not onely continue the impositions layd by queen mary , and queen elizabeth , but also layd new impositions upon sundry sorts of merchandizes , over and above all customes and subsidies formerly due and payable for the same : and these are the impositions now ; the principal of these is twelve pence upon the pound , or a second poundage set upon merchandizes as well exported as imported , by letters patents . iuly , in the sixth year of his majesties reign ; but how is it set and imposed , surely with such moderation , and limitations , and such receptations full of grace and favour , as no monarch or state in the world did ever impart to their subjects the like in the like case ; for , besides other gracious clauses contained in the same letters patents , all commodities serving either for food , or sustenance of the kings people , or seting the poor on work , or for munition or defence of the realm , or for maintainance of navigation , or which especially tends to the enriching of a kingdome , are excepted and discharged by this imposition . as for the special impositions which his majesty hath set upon certain forrein commodities , as currans , logwood , tobacco , &c. as touching the first of these , the imposition hath been adjudged lawful in the court of exchequer of england : and for the other commodities , they are of such nature , as no man ever made question but that the impositions set upon them were lawful . besides these impositions layd in england , his majesty by his prerogative onely , since the beginning of his reign , received the impost of wines in ireland ; and hath likewise , to make equality of trade in that realm , layd an imposition of twelve pence on the pound of all other merchandizes imported and exported out of the ports of dublin , waterford , drogheda , and galway , the citizens of which cities and townes are exempted and discharged of poundage granted by act of parliament there , which imposition was never impugned in ireland , but hath since the setting thereof been levied and payd without contradiction . and that wee see how long the crown of england hath been seised of this prerogative , in laying impositions upon merchandizes , and how the same hath been put in practice by the most prudent princes since the conquest . chap. xxi . the general reasons whereupon this prerogative is grounded . although it be a matter of difficulty , and doth savour withall of curiosity and presumption , to search a reason for every prerogative that is incident to the crown ; for sacrilegii est disputare de principis facto , saith the imperial law ; and scrutator majestal is opprimitur à gloria , saith the wise man : yet the reasons whereupon this prerogative is grounded are so many , and manifest , as it were not amiss to collect the principal of them , rather for the confirmation , than the satisfaction of such as have moved this question touching the lawfulness of impositions layd by his majesty upon merchandizes . first , the king is the fountain of all justice , and therefore the first reason drawn from the kings charge in doing justice , and procuring justice to be done to merchants , not onely distributive justice , wherein consisteth praemium and paena , but cōmutative justice is also derived from the king . now his majesty doth exercise commutative justice chiefly in the ordering and government of trade and comerce , wherein hee is to doe justice , or to procure justice to be done to his subjects , who do make contracts real and personal within the land : but to his merchants that trade and traffique with forrein nations , and to strangers that trade & traffick with us , for the administration of cōmutative justice within the land , the king receiveth sundry profits , which grew first by way of imposition . a man cannot recover a debt in the kings court , but first he payeth the king a fine for his first process : land cannot be conveighed by a common recovery but a fine for the original must be payd to the king . neither can land be passed from one to another by fine in the kings court , but the kings silver must be payd , pro licentia concordandi . adde hereunto the profit of the seals in all the kings courts , for all manner of writs : and yet the king in charta magna did promise , nulli negabimus , nulli vendemus iustitiam vel rectum ; but the kings taking of these , and the like duties , is no breach of the great charter , for that the same was imposed by the king long before the charter was made and taken , ut ministerii sui stipendia , as the schoolman speaketh ; and withall to recompence the charge of the crown in maintaining the court of justice : see bodin lib. . de repub. cap. . where hee speaketh of the like profit made upon the process in france : and shews that the antient romans did the like : and the emperour caligula took the fortieth penny of that which was demanded in every several civil action . if then such profits be taken for the king in his courts of justice within the land , towards the charge which he sustaineth in the maintainance of these courts and the offices thereof , which duties were at first limitted and imposed by the king himself without any act of parliament ; for who ever heard of an act of parliament whereby the same were granted ? is there not as good reason why the charge of the king in doing justice , and procuring justice to be done unto merchants , whose residence and comerce is for the most part out of the land , should be recompenced out of merchandizes imported , and exported , not according to the will of the merchant , and pleasure of the people , out proportionable according to the kings charge , which being best known to himself , it is most meet that the recompence should be limitted by himself ? touching the charge of the king in doing , and appointing justice to be done to merchants ; are not all leagues , truces , and treaties of state with forein princes , wherein the publique trade and comerce of merchants are ever included , concluded , and made at the kings charge ? did not the kings council of state , and high court of chancery give more speedy hearing to the causes of merchants than to the causes of other subjects ? doth not the king maintain a court of admiralty for deciding of marine causes , which doe for the most part concern merchants ? doth he not bear the charge of several le●ger ambassadors in italy , in spain , in france , in the low countries , in turkie , whose principal negotiation doth consist in procuring justice to be done to our merchants ? and if our merchants doe suffer wrong in any forein country by reason of any defective neglect in doing justice there , doth not the king by his prerogative grant them letters of mart , or reprisal , that they may right themselves , which is a species justi belli , as the civilians call it ? and if the injury done to the merchants bee multiplyed and continued with a high hand , is it not the kings office to denounce and prosecute war against such a people as doth refuse to doe justice unto his merchants ? for this cause the romans began the first punick war , saith appian , cicero in his oration pro lege manlia , affirmeth , populum romanum saepe mercatoribus injuria suis tractata bella gessisse . briefly , the plenty of money being greater in this age than ever was there by reason of so many millions of gold and silver brought from the indies into europe , and the price of all merchandizes being withall greatly enhanced , and the charges and expences of princes exceedingly encreased , is it meet or just that the king at this day should be stinted or bound to that old demimark onely for native commodities , or the three pence of the pound for the forein commodities which edw. . was content to accept of four hundred years since , or a single poundage onely , which in the time of king edw. . was not sufficient to maintain the necessary charges of keeping the sea , as the acts of parliament , edw. . cap. . which granteth that subsidy to the king , reciteth all the kings charge in supporting the trade of merchants being unlimited , and infinite : and shall the duties payable for merchandizes be stinted and restrained to such a proportion only as the subject shall bee pleased to grant unto him ? assuredly if the king had not a prerogative of his own absolute power without act of parliament , to increase the duties payable for merchandizes at this day , a merchants counting-house would be richer than the kings exchequer ; and the subject who may live privately , and moderate his expences , and yet raise the fines of his coppy-holds , and rents of his demeans without controlement , would be in better case than the king , who by reason of the majesty of his estate cannot abridge his charges , and yet should have no power of himself without leave of his subjects to increase his revenue . again , the king is not only at charge in doing of justice to his merchants at home , and in procuring justice to bee done to them abroad , but the doth withall maintain a royall navy of ships , the best , the fairest , the strongest in the world at this day , to protect all merchants from spoyl and piracy on the sea . in the maintainance of this navy , the king doth expend more treasure than the whole revenue of some of his predecessors did amount to . and he doth not onely secure merchants by sea , but he gives them safe conduct by land also , as appeareth by the great charter : so as they may well give our king that title which virgil gives to the king of bees , ille operum custos : and seeing merchants are most likely resembled to those industrious creatures , because they bring the hony to the kings hives , to wit , to his havens and ports , where they , and their merchandizes bee protected and reserved , why should they not imitate the bees in observing their king , and in making him partaker of the fruit of their labours ? neither is it a new thing , or an invention of this age , to lay impositions upon merchants for their wastage and protection at sea ; for plinius tels us , lib. . cap . merces praetiosae ut ex india , arabia , ethiopia , tuto in europam à mercatoribus conveherentur , necessariò classem parandam esse adversas piraticas incursiones , inde maritimi exercitus habendi causa vectigal rubri maris institutum . a third reason drawn from the interest the king , hath in the parts of the kingdom , and the custody thereof , which giveth him power to shut and open the fame at his pleasure . again , all the ports of the kingdome are the kings , not onely the cinque-ports , which have a special warden appointed by the king , but the rest of the ports are also his , and many of them bear a mark of the kings inheritance in their additions , as linn regis , waymouth , melcombe regis , pool regis ; for the king is custos totius angliae regni ; as the four seas are the walls of the kingdom , so the havens and creeks are the gates , and posterns of it . they are ostia , they are ianua regni ; and we find two ports in italy called by those names , the one at the mouth of tiber , the other corruptly called genoa , but the true name thereof is ianua . and as the havens are ianua regni , the king himself is ianus , and hath power to open and shut them at his pleasure . omnia sunt nostra clausa patentque manu . saith ianus in the poet . and again , modo namque patulchus idem & modo sacrifico clusius ore vocor . the king of england hath ever had this prerogative incident to his crown , to shut and open the ports when it pleased him , as appeareth by many records , especially by the parliament rolls in the time of king edw. . wherein are found many petitions that the sea might be open , which during that kings time was often shut by virtue of his prerogative only , and never fully opened again , but when the king layd an imposition upon merchandizes . and this prerogative of custody of the ports , and of shutting and opening the same , is reserved unto the crown upon an excellent reason : for trade and comerce is not fit to be holden with all persons , neither are all things fit to be imported or exported : for such persons as are enemies to the crown , & come to discover arcana regni , such persons as come to corrupt religion , or the manners of the people , such persons as under colour of merchandizes come to set up monopolies , or a dry exchange to drain or draw away our commodities or money out of the kingdom , are not fit to enter in at the gates of the kingdome . and again , such commodities as the kingdom cannot spare , as corn in time of dearth , and such as may advantage our enemies and hurt us in time of warre , as horses , armor , gunpowder , &c. are not fit to be exported out of the realm : and poysons , heretical books , and other things which are apparently hurtfull to the people , are not to be imported ; and therefore the prerogative of opening and shutting the ports is accompanied with another absolute power , of stoping and imbarring of trade & comerce , sometimes generally , sometimes between us and particular nations , and sometimes for particular merchandizes only , whereof there are many presidents and examples both in records and histories of our nation , edw. . rot. parliament . m. . in archivis turris . edw. . rot. fin . m. ibid. edw. . chaunc . m. . in dorso ibid. hen. . sccio angliae , matthew paris hist. magna p. . hen. stow. and this prerogative of imbarring trade , doth result out of the undoubted prerogative which the king hath to make peace and war with forein nations , for open war is no sooner denounced , but all trade of merchandize is stopt and imbarred between the nations which are ingaged in the warre , durante bello inter reges christianos merces quascunque exportare vetamur ne regni arcana serutentur , saith a doctor of the imperiall law ; whereupon wee make this argument , that since the king hath absolute power of shut the ports , and stop trade , it standeth with as good reason that he shold have the like power to lay reasonable impositions upon merchandizes for opening of the ports , and for giving of freedome of trade again ; he that may doe the more , may doe the lesse , non debet ei cui id quod majus est , id quod minus est non licere , saith the rule of the law ; hee that may prohibit merchants not to trade or passe , may dispence with that prohibition , and give them leave to go and traffique sub modo . again , the king of england is dominus maris , which floweth about the island , as divers ancient books and records do testifie , as fitz avowry . rich. . protection . . rot. scotiae . m. . in arch. turris . and he is lord of the sea , not only quoad protectionem & jurisdictionem , sed quoad proprietatem , and this is our neptunes trident , for god gave unto man as well the dominion of the sea as of the earth , where it is said , gen. . replete terram & subjicite eam , & dominamini piscibus maris , &c. and in psal. . omnia subjecit pedibus ejus , pisces maris & . quicquid perambulat semitas maris . and therefore baldus affirmeth , de jure gentium distincta esse dominia in mare sicut in terra arida , and again , mare attribuitur terrae circunstanti . hence it is , though there be but one ocean , in respect wherof the whole earth is quasi insula , saith strabo , yet is there mare gallicum , sardicum , creticum , aegypticum , & oceanus britanicus , germanicus , &c. which particular names do note a propriety in the princes and states , who are lords of the land adjoyning . hence it is that our common law doth give unto ourking all the land which is gained from the sea , which stampford in the book of the kings prerogative doth affirm to belong to the king , de jure gentium , quia mare seu particula maris est de territorio illius civitatis vel regni cui magis appropinquat , saith one learned doctor , mare se extendit cum aquae flnt mensurabiles , saith another ; hence it is , that all navigable rivers , as the river of thames , and the river of lee , and divers others , are called in our books , the kings streams , . ass . p. . dyer . a . because cause such rivers are arms of the sea , so far as the sea doth flow in them , . ass. p. . and lastly , hence it is , that by the common law , the king may prohibit all subjects whatsoever to passe over the seas without his licence ; and to that end in edw. . the king commanded the warden of the cinque ports , and the bailifs of all other ports of the kingdom , that they should not suffer any man , ship , or boat , to passe beyond the seas , quousque rex illud mandaverit , and the like commandments were given , edw. . edw. . rich. . hen. . if therefore the king hath such an absolute interest in the ports , and in the sea , and in all navigable rivers wherein the kings ports are situated for the main part , why should he not have the like absolute power to limit and prescribe unto merchants what duties they shall pay , and upon what terms and conditions they shall passe to and fro upon the seas , and come in and out of his streams and ports with their ships and merchandizes ? podagium in mari debet solvi sicut in terra si sit impositum per dominum maris , saith baldus , and the rights belonging to the lord of the sea , saith another doctor , are ius navigandi , jus piscandi , jus imponendi vectigalia pro utroque . again , the kings of england have the like prerogative in the government of trade and comerce belonging to this kingdome , as other princes and states have within their dominions ; he must of necessity have the like absolute power as they all have to lay impositions upon merchandizes imported and exported , otherwise he cannot possible hold the ballance of trade upright , or perserve an equality of traffique between his own subjects and the subjects of forein princes , and consequently it will lye in the power of our neighbours to drain and draw away all our wealth in a short time , or else to overthrow all trade and comerce between us and them at their pleasure , and we shall have no means to encounter or avoid the mischief ; for their princes , having sole power to impose , will have the sole making and managing of the market between their subjects and us , and consequently may set what price they please upon all merchandizes , enforcing us to sell our commodities cheap , and buy their commodities dear , onely by this advantage of laying impositions . and therefore the king of england must of necessity have the same absolute power to lay impositions upon merchādizes , as other princes have , as well , ut evitetur absurdum , as to prevent the ruin of the common-wealth , by the equall ballancing of trade & comerce between his subjects and the subjects of forein princes . upon this reason when the duke of venice , in the time of q. eliz. as is before expressed , had laid an imposition of one ducket upon a li. weight of currans carried out of his dominions by any english merchant , the queen by speciall patent in the twelfth year of the reign , did enable the merchants which did trade into the levant , to levie five shillings and six pence upon every livre. weight of currans brought into england by any merchant stranger . upon the like reason , when in the time of king hen. . the emperor and the french king had raised the valuation of their monies both so high , as there grew not only an inequality of trade between their subjects , and the subjects of england , but our monies standing at their former values , were carried out of the realm in great quantities ; the king in the year of his reign granted a commission unto cadinall woolsey to enhance the values of english monies likewise , by that means to set ballance of trade even again , and to keep our monies within the realm . upon the same reason of state , when the king of spain that now is , in the year . had laid an imposition of thirty upon the hundred on all merchandizes imported and exported by strangers ; the french king hen. . was quickly sensible of it , and did forthwith impose the like in his kingdom ; then it followed of necessity that other nations should follow and imitate them , whereby it came to passe that comerce of merchants generally throughout christendome , began to decay , which being perceived by these two great princes , they agreed to take away those excessive impositions , upon severall treaties between them and the italians , and after between them and the english , and the dutch . briefly we find examples in all ages , that whensoever by reason of warre , or for any other cause , any forein prince gave the least impediment to merchants in their trade , our princes gave the like entertainment to their merchants again ; this is declared in magna charta , cap. . where it is plainly expressed what entertainment the merchants of all nations should expect in england , habeant salvum & securum conductum ( saith the charter ) praeterquam in tempore guerrae & si fuerint de terra contra nos guerrina , then as our merchants are used with them , so shall their merchants be used with us , edw. . the countesse of flanders having arrested the goods of the english merchants there , the king in recompence of their losses , granted unto them all the goods of the flemings in england , whereof there is a notable record mentioned before , edw. . pat . m . . in arch. turris . there are many other examples of mutuall embarments of trade between the flemings & us , and also between us and the french men during our wars with france , which i omit ; i will recite onely one president in the year of queen elizabeth , at which times the merchants of the haunce towns having by sinister information procured the emperour to banish our english merchants out of the empire ; the queen by her speciall commission , did authorize the mayor and sheriffs of london to repair to the still-yard , being the hostell of the haunces , to seize that house into her majesties hands , and there to give warning to the merchants of the haunce towns to forbear traffique with any of her subjects in england , and to depart the realm upon that very day , which was assigned to our merchants to depart out of the empire . lastly , for the ordering and government of trade among our own merchants in forein countries and at home , our kings by their prerogatives have instituted divers societies and companies of merchants , as the company of merchant . adventures , the muscovia company the turkie company , the east india company , &c. all which are created , upholden , and ruled , by the kings charter only ; whereupon i may conclude , that the kings of england having the same power in governing and ballancing trade , as other princes have , may justly execute the same power , as well by laying impositions upon merchandizes , as by the other means which are before expressed . chap. xxii . of the several objections that are made against the kings prerogative in laying impositions upon merchandizes , and the several answers thereunto . the first objection touching the property which all free subjects have in their goods . first , it is objected , that under a royal monarchy where the prince doth govern by a positive law , the subjects have a property in their goods , and inheritance in their lands ; ad reges potestas omnium pertinet ad singulos proprietas , so as the king hath no such prerogative , say they , whereby he may take away the lands or goods of a subject without his consent , unless it be in a case of forfeiture . and therefore though samuel foretold the people when they desired a king , hoc erit ius regis , tollere agros vestros , & vineas , & oliveta , & dare servis suis : yet ahab , though he were a wicked king , did not claim that prerogative when he coveted naboths vineyard , neither did he enter into it untill naboth by false witnesses was condemned and stoned to death for blasphemy , and then he took it for a lawfull escheat ; but when the king doth lay an imposition upon merchandizes without the consent of the merchants , and doth cause the officers of his customes to take and levie the same ; it seems sat they , they take away the goods of the subject without his consent , and without cause of forfeiture , which is not warranted either by law of nations , which brought in property , nor by the law of the land , which doth maintain property . chap. xxiii . the answer to the first objection . to this objection we answer , that the king doth not take the land or goods of any without his consent ; but here we must distinguish , there is a particular and expresse consent , and there is an implicit and general consent , when a man doth give his goods , or surrender his lands to the king by deed enrolled , or when in parliament which representeth the body of the whole realm , and wherein everyman doth give his consent , either by himself , or his deputy . a subsidy is granted to the king , there is an expresse consent ; but when subjects who live under a royall monarchy , do submit themselves to the obedience of that law of that monarchy , whatsoever the law doth give to that monarch , the subjects who take the benefit of the law in other things , and doe live under the protection of the law , doe agree to that which the law gives by an implicit and general consent , and therefore there are many cases where the king doth lawfully take the goods of a subject without his particular & expresse consent , though the same be not forfeited for any crime or contempt of the owner . if a theef do steal my goods and waive them , the king may lawfully take those goods without my particular consent , and without any fault or forfeiture of mine ; but in regard i live under the law , which giveth such wayves unto the king , he taketh not the same without my implicit consent ; so if my horse kill a man , the king may lawfully take my horse a deodand without my fault or consent in particular ; but in that i have consented to the obedience of the law which giveth all deodands to the king , he taketh not my horse without the implicit or generall consent of mine . in the time of war the king doth take my house to build a fort , or doth build a bulwark upon my land , he doth me no wrong , though he doth it without my consent , for my implicit consent doth concur with it , for that i being a member of the common-weal , cannot but consent to all acts of necessity tending to the preservation of the common-wealth . so if the king doth grant me a fair or market , with a power to take a reasonable toll ; if a man will buy any thing in my fair or market , i may take toll of him , though i give no particular consent to the grant , because the law whereunto every subject doth give consent and obedience , doth warrant the taking of toll in every market and fair granted by the king . so it is in case of impositions , the law doth warrant the kings prerogative to impose upon merchandizes , as is before declared , and therefore though the merchants give not their particular consents to the laying of these impositions , yet in regard they live under the protection and obedience of the law , which submits it self to this prerogative , and allow and approve the same ; it cannot be said that the king doth take these impositions of them without their implicit and generall consent . chap. xxiv . of the second objection touching the uncertainty and unbounded largenesse of this prerogative . the second objection is against the uncertainty and unlimited largenesse of this prerogative , for in other cases they say , where the king taketh the goods of a subject by his prerogative , there is a certainty what he may take , as in the case of way vs , he may take onely the goods wayved , and no more . in case of deodand , he may take only the thing that causeth the death of a man , and no more . in case of wreck , he may take only the goods that are wreckt , and no more . in case of wardship of land holden in capite , the king may take the profits of the land , till the heir sues his livery , and no longer . in case where the king hath annum diem & vastum , hee may retain of the lands of the felon attainted , which are holden of other lords for a year and a day , and no longer . in all these cases there is a certainty what the king shall have , and how long he shall have it ; but in case of imposition , the quantity or rate thereof high or low , is left to the kings own will or pleasure ; so as if he should be mis-led , as many princes have been , with evill counsell , he might with his prerogative doe hurt the cōmon-wealth , by laying too heavy burthens upon his subjects ; for though hetherto his majesty hath imposed upon merchandizes only twelve pence on the pound over and above the ancient custome and the subsidies granted by parliament , yet this prerogative being unlimitted , he may hereafter ( say they ) set five shillings or ten shillings upon the pound , if it please him , and so undoe the merchants , or discontinue and overthrow all trade and comerce . chap. xxv . the answer to the second objection . to this objection the fittest answer is , that it is an undutifull objection , and withall too busie , too bold , and too presumptuous ; for it is an objection against the wisdome of the king in point of government , and against the bounty and goodnesse of the king towards his people : the text of the civil law cited before , doth call it a kind of sacrilege to dispute of princes judgments or actions ; and for the law of england , sure i am , that it trusteth the wisdome and judgement of the king alone in matter of greater importance than in laying of impositions , or setting of rates upon merchandizes . is not the kings wisdome only trusted with the absolute power of making war and peace with forein nations , whereby hee may when hee pleaseth interrupt all trade of merchandizing ? is not the king alone trusted with the like power of making and decrying of monies which is the onely medium of all traffique and comerce ? is not he solely and without limitation trusted with the nomination and creation of all judges and magistrates , who are to give judgement in cases concerning the liberties , lands , and lives of all his subjects ? hath not he a sole and unlimited power to pardon all malefactors , to dispence with all penal laws , to distribute all honours , to grant to whom he pleaseth protections , denizations , exemptions , not only from juries , but from all other services of the common-wealth ? and yet these prerogatives if the same be not used with judgement and moderation , may prove prejudicial to the common-wealth , as well as the laying of impositions upon merchandizes . shall therefore any undutifull subject make these conclusions ? the king may have a continuall warre with forein states and princes , and so continually corrupt all courses of merchandizes ; ergo , he shall lose his prerogative of making war or peace , when himself in wisdom shall think fit so to do . the king may decry all monies of gold and silver in bullion , and establish a standard of copper or leather ; therefore he shall coyn no monies without the consent of the people . the king may if he please , break up all the prisons , pardon all offenders , and so give impunity to all offenders ; ergo , he shall pardon no malefactors by act of parliament . these are found absurd , or rather wicked conclusions , à posse ad esse is an absurd argument , but à posse & nolle nobile est . the law presumes the king to be so noble and so wise , that all acts done by him , or in his name during his infancy , are of as good force in law , as if the law had bin done in his ripest years . the law presumes the king to be most just in all his actions , & therfore it hath these rules ; the prerogative of the king can do no wrong , the king can commit no disseisin , the king can make no discontinuance , and the like , cor regis in manu domini , saith solomon , and therefore the law presumeth , that god will ever direct him to that which is just ; is it not then too much curiosity to instruct where the law trusteth , and too much presumption to presume against the presūption of the law , especially in the time of such a king who is the wisest , and justest , the most religious , and most gracious king that ever reigned in europe ? can any man imagine that so great a master in the art of government , the most prudent king of great britain & ireland , the two greatest islands in this hemisphere , and seated most commodiously for traffique , which all the world knowing that the duties paid unto him for merchandizes , are the most certain , settled , and assured , and withall the best and richest part of his revenues at this day , will lay heavier impositions upon merchandizes than they are able to bear , and so destroy all trade and comerce ? when king hen. . his most prudent predecessor , did lend money to his merchants to maintain traffique , will he for a little extraordinary profit for the time present , pluck up at once the root , and dry up the fountain of this revenue for the time to come ? it is unprobable , it is uncredible , it is impossible ; but suppose that this is credible , that the king should lay such heavy impositions upon merchandizes , as all merchants should refuse to traffique , who should lose most by that , the king or his people ? assuredly hee should suffer an exceeding great losse in his customes ; but we that are of the commons should save by it , having all things necessary for the life of man within the land , which is . terra suis contenta bonis , non indiga mercis . we should spare these vain expences which we now make upon forein commodities , namely cloath of gold , cloath of silver , silks , spices , wines , and many other superfluous & unnecessary things , which doe nourish pride , and luxury , riot and excesse amongst us , which corrupt our manners , and in the end will be the ruin of the common-wealth ; i may therefore conclude this point , that since the king hath power by his prerogative to lay impositions upon merchandizes , he hath also a power coincident thereunto , to limit and rate the proportion and quantity thereof , according to his own wisdom & reasons of state , from time to time ; for either the king must set down the rates , or the people , or the king and people both by act of parliament ; but if the people will not assent or agree to a reasonable limitation thereof in parliament , shall the king lose those royal duties which all other kings do take by vertue of their prerogative ? it were most unreasonable , absurd , and unjust . chap. xxvi . the third objection , touching the repeal of charta mercatoria by king edw. . and the remitall of divers impositions by king edw. . upon sundry petitions of the commons in parliament , and the punishment of divers persons in parliament for procurtng impositions to be set up . thirdly , it is objected , that this prerogative of laying impositions upon merchandizes , hath never at any time been set a foot and used by any of his majesties progenitors , but it hath been contradicted , and upon petitions of the people , such impositions have been suspended , remitted , and abolished ; first , king edw. . say they , in the year of his reign , did by his charter called mercatoria , spoken of before , lay the imposition of three pence in the pound , now called the petty-custome , with an increase of other duties upon merchandizes imported by strangers ; howbeit , this imposition stood not above seven years by vertue of that charter , but it was discontinued and quite taken way ; for in edw. . the charter it self was suspended by the kings writ , edw. . claus. m. . in arch. iurris , and edw. . it was utterly repealed by a solemn ordinance of state , rot. ordina . edw. . in arch. turris . secondly , king edw. . did at sundry times during his reign , lay severall impositions upon woolls and other staple commodities , sometimes fourty shillings , sometimes fifty shillings upon a sack of wooll , and other the like rates upon merchandizes , yet could he never fix nor settle the same upon his subjects ; for upon sundry petitions of the commons in parliament , who found themselves grieved therewith , these impositions were from time to time remitted , edw. . rot. parliament . in arch. turris . edw. . cap. . ed . rot. parliament . numb. . ed. . rot. parliament . numb. . again , the same king many times did shut up all the ports , and thereby restrained the exportation of merchandizes ; then would he take great sums of money to grant licences to transport , which proved as great a charge as impositions , and yet upon sundry complaints of the people in parliament , the sea was set open , and liberty of trade permitted again , stat. edw. . cap. . edw. . rot. parliament . numb. . in arch. turris : edw. . in sccio angliae . rot. . edw. . rot. parliament . numb. . in arch. turris . lastly , in the last year of this kings reign , divers persons were accused and punished in parliament , for procuring new impositions to bee set upon merchandizes , namely , the lord latimer , who albeit he were a noble man , and a privy counsellor to the king , yet was he fined , committed to the mafhalsce , and put out of the council , edw. . rot. parliament . nu . in arch. turris . richard lions likewise , a citizen of london , and farmer of the customes , an instrument of the l. latimers in raising the new impositions , was fined , ransomed , and imprisoned , and put from the franchise of the citie . edw. . rot. parliament . numb. . in arch. turris . and one iohn peachy , who had gotten a monoply of sweet wines , by letters patents , and by colour thereof had extorted three shillings and four pence out of every pipe or vessell of wine vented by others , was also fined and imprisoned , and made satisfaction to the parties grieved , edw. . rot. parli . numb. . and more than this , a bill was preferred by the commons in this parliament , that such as should set new impositions , should have judgement of life and member , edw. . rot. parliament . num . . in arch. turris . these examples strook such a terrour at that time , as from the time of king edw. . till the reign of queen mary , being a hundred and fifty years and upwards , there was no man found that would advise the king of england to set or levie any impositions upon merchandizes by prerogative , and therefore we find no imposition laid upō merchandizes all that space of time ; queen mary indeed began to set on foot this prerogative again , and laid an imposition of three shillings and eight pence upon every cloth transported out of the kingdome ; but what doth the lord dyer report , eliz. f. ? the merchants . of london ( saith he ) found themselves greatly grieved , and made exclamation and sute to queen elizabeth to be disburthened of that imposition , because it was not granted by parliament , but assessed by queen mary her absolute power ; these frequent petitions , complaints , and exclamations , these suspensions and remitalls of impositions , are good arguments ( say they ) against the right of this prerogative . chap. xxi . the answer to the third objection . this objection consisteth of several parts , and shall recieve an answer consisting of divers parts ; the first part of this answer , king edw. . being a prudent and resolute prince , did not onely impose the three pence upon the pound upon merchant strangers , by his charta mercatoria , but justified and maintained that imposition during his life . true it is , that after his death , king edw. . it was repealed , as is before objected ; but whose act was this ? by whom was this ordinance made , which did repeal this charter ? not by the king and his parliament , but by certain rebellious barons , who took upon them the government of the realm , and called themselves ordainers ; wherefore king edw. . in the first year of his reign , did revive that charter , and commanded by his writ that the customes and duties therein contained should be collected and levied to his use ; he maketh mention of these ordinances of edw. . and saith the same were made per quosdā magnates , and not by the king , as appeareth by the record , edw. . rot. fin . memb. . in arch. turris , which in another place before i have recited , by which record it likewise appeareth , that those ordinances edw. . were before that time repealed and made void , and therefore that which was done in that time of that unfortunate prince , over-ruled by his unruly barons , is not to be urged and used as an example , especially since they that urge this repeal of charta mercatoria , might , if they would find any thing which makes against their contradicting humour , find in the said roll of ordinance , made in edw. . divers arcles wherein those ordainers did wrong and wound the prerogative in matter of greater importance than in the repeal of that charter , for they might have found among the same ordinances these things ordained . first , that the king should not make gifts of lands , rents , franhises , wards , or escheats , without the consent of the ordainers . secondly , that all gifts and grants formerly made by the king , not only of land and other things in england , but in gasconie , ireland , and scotland , should be resumed and made void . thirdly , that the king should not depart out of the realm , nor make warre , without the assent of his barons , and of his parliament . that because the king was misguided and counselled by evill counsellers , it was ordained , that all his counsel should be renewed , and new officers and servants appointed for him . these traiterous ordinances were made against the king at that time , and therefore it is a shame that any part of these ordinances should be made an argument against the right of the crown in laying impositions upon merchandizes ; for with the same reasons they might argue the king had no right to grant his lands , rents , wards , or escheats , that he might not go out of the realm , nor make warre , nor choose his own counsellers or servants without an act of parliament ; and it is manifest , that those factious barons did cause the king to forego the said impositions , rather ad faciendum populum , and to gratifie the cōmons , and to draw them to their party , than for the good of the cōmon-wealth ; for if they had been good counsellers they would have done as the senate of rome did , when nero in a glorious humor to please the people , would needs have discharged at once all customes and impositions ; the senate gave him thanks for his favour towards the people , but utterly diswaded him so to doe ; telling him , that in so doing , he would ruine the state of the common-wealth ; for indeed no common-wealth can stand without these duties , they are nervi , they are succus & sanguis reipublicae , and therefore no cōmon-wealth was ever without them , but the imaginary common-wealths of plato and sir thomas more , for they doe both agree ; for in the common-wealths of which they dream , there was nothing to be paid for merchandizes exported and imported . but to return to king edw. . what followed upon the repeal of charta mercatoria , and the discharge of impositions which king edw. . established ? was not that poor prince king edw. . enforced to take up great sums of money of his merchants , by way of loan , which he never repaid again ? edw. . rot. fin . m. . whereby the merchants received a greater detriment than if they had made a double payment of customes and impositions which the king had discharged , and therefore the example of this weak prince doth make but a weak argument against the right of the crown , in laying impositions upon merchandizes ; and here i think it fit to observe that they were all wise and worthy princes which are spoken of in former ages , to have laid impositions upon merchandizes , namely solomon in the holy land , iulius caesar and augustus caesar in the empire , king ed. . and king ed. . in england ; but on the other part , they which released all customes and impositions , were but weak princes , and destroyed themselves and the common-wealth wherein they lived ; namely nero in the empire of rome , king edw. . and king rich. . with us ; and truly by the rule of our common law , the king cannot , if he would , release all subsides and aids of his subjects , that they should be for ever discharged of all subsidies to be given to the crown , such a grant were made void , and against the law . secondly , touching the petitions exhibited to the king in sundry parliaments , against impositions laid by that king upon merchandizes , upon view of the record wherein these petitions are contained , with their answers made by the king thereunto , it is evident , that neither the petitions of the people , nor the kings answers thereunto , do disprove this right of the crown to lay impositions upon merchandizes ; for petitions do not of necessity prove or suppose the petitioners have received wrong ; petitions are of divers kinds . . there are petitions of grace , which do not insist upon any right , but upon meer grace and favour . . there are petitions of right , wherein the petitioner doth set forth a pretended right , and yet perhaps upon examination it is found that they have no right at all , and commonly they ask more than their right is , iniquum petas ut aequum feras . . there are petitions armatae , when a company of rebels armed against the crown , do yet preferre their petitions , but with an intent to effect their desire , whether it be right or wrong , if their petitions be not granted , et stricto supplicat ense petens , many of their armed petitions were exhibited during the barons wars , during the wars of lancaster and york , and in sundry popular comotions since the conquest ; but these petitions which we speak of were made by the commons , or by some factious spirits , in the name of the commons , in sundry parliaments holden during the reign of king edw. . howbeit , if wee look upon the form of these petitions , we shall find there is nothing sought but grace and favour ; and if we consider the kings answers , though many of them be very gracious , we shall find him therein much reserved , and withall circumspect not to prejudice or conclude his prerogative in point of right ; the form of these petitions was for most part but thus , the commons pray , that the imsitions or maletolt of fourty shillings upon every sack of wooll may cease or be taken away , and that the custome of the demi mark may onely be taken : or thus , the cōmons pray , that the passage of the sea may be open to all manner of merchants and merchandizes , as it had been in former times ; herein we find no claim or challenge of right , but a modest prayer of grace and favour , unlesse the word mayletolt may seem to imply a wrong , because some do conceive that the word doth signifie an evil toll , wheras indeed the word doth signifie toll-money , for mayle in old french is a small peece of money , and therefore the rents taken by force in the borders of scotland , was called blackmayle , and the word mayletolt , in some of our old statutes is taken in bonam partem , which speaks of droiturell mayletolts . but in what form doth edw. . make his answers to those petitions ? in divers formes , according to the diversity of the occasions & reasons of state , but alwayes in a gentle and gracious manner , sometime he granteth the petition in part onely , for a certain time , or after a certain time expired , that his people may know , that as he receiveth part of the petition , so he might have rejected the whole if he might have been so pleased ; sometimes he granted the whole petition , yet not absolutely but conditionally , that hee may receive a greater recompence ; but wheresoever he doth franckly yeeld to remit any imposition , we find in the same record a subsidy granted unto him of far greater value and profit than the imposition by him remitted , wherein we perceive that he followed the wise counsell of roabohams old counsellers , given in the like case of impositions , kings cap. . se hodie obedieris populo huic & petitioni eorum cesseris locutusque , diebus , &c. sometimes he gives a generall or doubtfull answer , and sometimes hee is silent and gives no answer at all ; so as he doth never bind nor conclude himself by any of those answers to those petitions , but with such reservation as he might still make use of his prerogative in laying impositions upon merchandizes ; to demonstrate this point more plainly , it were not amiss out of many records which i have seen , and whereof i have the copies transcribed out of the records themselves , with mine own hands , to select and set down some of those answers in any of the kinds aforesaid . in edw. . cap. . the cōmons pray the king that he would grant an act of parliament that no more custome should bee taken for a sack of wool but a demi mark , nor for lead , nor tin , nor leather , nor wooll-fells , but the old customes . this petition is general and extending to all staple comodities without exceptions of persons , or limitation of times ; but what is the kings answer ? that from the feast of pentecost , which commeth , unto a year , neither he nor his heirs shall take of any englishman for a sack of wooll , more custome than the half mark , upon wooll-fells , and leather , no more than the old custome . here this petition is granted but in part ; first , in respect of the persons , for englishmen only are favoured , and strangers are omitted ; secondly , onely in respect of the commodities , for wooll-fells and leather onely are exempted , and tin and lead remain to be charged as before ; thirdly , in respect of the time , for the king continueth his impositions formerly laid for a year and more , notwithstanding that petition . but let us see withall what the king did gain in parliament , upon yeelding to the peoples petition but in part ; in the first sessions of this parliament , it was granted that every man who should ship woolls over the seas , should find sureties to bring in upon his first return , for every sack of wooll , two marks of silver , plate or bullion , and to deliver it to the kings executors ; and in the next sessions there was granted unto him the nineth fleece , the nineth lamb , and the nineth sheaf of corn throughout the realm , which the people did often times redeem with a gift of twenty thousand sacks of wool . here we see the fruit that the king made by following of rehoboams old counsellers , & yet out of this grant and remission made by the king , who can draw an argument against the kings right in laying impositions upon merchandizes ? again , edw. . when there lay an imposition of fourty shillings upon a sack of wooll above the old customes , a conferrence was had between the lords and commons in the white chamber at westmin . where after a short parliament , saith the record , edw. . rol. parliament . numb. . in arch. turris . it was concluded , that the king should have a greater subsidie out of wooll , wooll-fells , and leather , for six years ; so as during that time , the king did lay no other impositions or charge upon the commons . here is a conditionall agreement between the king and the poople , and here the king doth remit his power of imposition , for a recompence of greater value . and this is a strong argument , that the king had right to impose , otherwise the people would never have bought their freedom from impositions at so high a rate or price . the like conditionall agreement between the king and the people , we find in edw. . rot. parliament . numb. . ed. . rot. parliament . numb. . edw. . rot. parliament . numb. . .in arch. turris . in edw. . rot. parliament . numb. . the commons complain of an excessive imposition upon wooll-fells , and desire that the old custome might he paid . the kings answer is , the old custome ought not to be withdrawn . in edw. . rot. parliament . numb. . the commons desire that an imposition of three shillings and four pence upon every sack of wooll at callis , and all unreasonable impositions , bee repealed . the kings answer unto this is , it pleaseth the king that all unreasonable impositions be repealed ; like unto this is that answer which is contained in the parliament rolls of edw. . numb. . in arch. turris . when petition was made for remittall of impositions , i shall saith the king , assesse no such tallages in time to come , but in manner as it hath been in time of mine ancestors , and ought to be by reason . can any wit of man pick any arguments out of these answers against the right of the crown , in setting impositiout upon merchandizes ? lastly , in edw. . rot. parliament . numb. . the commons pray , that the maletolts of wooll may be taken as it was used in former times , being then enhaunsed without the assent of the commons . to this petition there is no answer found of record , the king is silent , and gives no answer at all ; which doubtless the king had not refused to do , if the petition had been exhibited in point of right , and not in point of favour . thirdly , touching the punishing of the persons before mentioned , for procuring of new impositions to be set upon merchandizes , we are to consider two circumstances ; first , the time when , and next the causes wherefore these persons were called in question . the time when these persons were called to account , was a parliament holden in edw. . the last year of that kings reign , at which time that great and renowned prince , who had been formerly assisted by a most wise and politique councell , was become weak and stupid , and almost in despair , through sicknesse , age , melancholy , conceipted upon the death of his eldest son the black prince , and suffered himself to be ●ll-governed by a woman called alice perrey , and her favourite the lord latimer ; upon which occasion and advantage , the commons grew more bold than they were wont to be in former parliaments , and therefore if ought had been done in that parliament , which might prejudice the kings prerogative , it is ●ot to be urged as an example or presi●ent in these times ; but in truth , the ●auses for which these persons were cen●ured , do rather approve the right of the crown in laying impositions , than any way disaffirm the same . first , richard ●ions , a farmer of the customes , was accused in this parliament by the commons , that he had set and procured to be set upon wooll , and other merchandizes , certain new impositions without assent of parliament , converting the same to his own use without controule , the high treasurer not being acquainted therewith , the said richard assuming to himself in divers things as a king , edw. . rot. parliament . numb. , , , . this was his accusation , and though his answer were , that he set those impositions by the kings commandment , yet did he shew no warrant for it , and therefore was justly punished with fine , ransome , disfranchisment , and imprisonment . but how may this insolency and misdemeanour of a subject , be an argument against the right or prerogative of the king ? lions a merchant of his own head cannot set impositions upon merchandizes ; ergo , king edw. . a monarch , of his royall authority cannot do it ; what an absurd argument were this ? as if a man should say , it were high treason in a subject to coyn money ; ergo , the king himself cannot do it , or cause it to bee done ; besides , the accusation it self doth imply , that the king hath power to impose upon merchandizes , because lions is charged , being a subject , to take upon him as a king in divers things , & namely , in setting of impositiōs ; as if they should have said a king may do it , but not a subject , according to the rules of the imperial law , solus princeps instituit vectigalia regni tantum juris & muneris est indicere vectialia , imponere vectigalia maximi imperii est , inferior a principe non potest imponere , and the like . and the bill exhibited by the commons in this parliament , edw. . rot. parliament . . praying that those that should set new impositions by their own authority , encroaching unto themselves royal power , might have judgement of life and member , seemeth to be grounded upon good reason , and doth prove it is a mark of soveraignty and royall power to set impositions ; and therefore if a subject of his own head , of his own authority wil presume to do it , he is worthy to dye for it ; and yet this bill did receive but a general answer , viz. let the common law run as it hath been used heretofore . touching the lord latimers censure , he had not only upon his own head and authority set sundry impositions upon merchandizes at callis , where the staple there was much decayed ; but he was charged with sundry other misdemeanors mentioned in the said roll , namely , that he brought in divers tallies and tickets , whereby the king was indebted unto his souldiers and pensioners , for which he gave little or nothing to the parties , and yet had an entire allowance in the exchequer , to the great damage of the king , and scandall of the court ; that he had also deceived the king of the pay and wages which he had sent unto his souldiers in britain ; that he had sold a great quantity of the kings provisions for his army there , and converted the same to his own use ; and that he had delivered up the town of saint saviours in normandy , and the town and fort of betherell in britainy , not without suspition of corruption and treason . how can the lord latimers censure for these deceits and misdemeanors make an argument against the right of the crown in laying impositions upon merchandizes ? and the like may be said of the punishment of iohn peachy , who having got a patent that none should sell sweet wines within the city of london but himself , his deputies , and assignes , by colour thereof did extort three shillings and four pence , out of every pipe or vessell of sweet wine sold by others within the city . shall this extortion committed by a subject , by colour of a patent , where perhaps the patent doth not warrant it , be objected as an argument , that the king himself might not lay the like imsition upon every pipe or vessel by vertue of his prerogative ? therefore the punishment of these persons was not the cause , that for an . yeares after that , no impositions were layd upon merchandizes by prerogative ; but the princes who succeeded edw. . untill queen mary , did forbear to use their prerogative in that kind , for those other notable and true causes which are before at large expressed in the seventeenth chapter . lastly , touching the imposition of six shillings and eight pence upon every cloth , laid by queen mary , after the losse of callis ; she held the same with a new imposition upon french wines , without any question during her life ; and albeit complaint were made against the imposition set upon cloaths unto queen elizabeth , upon her first entry ( as it is usuall for the people to complain of burthens and charges upon every change of government . ) yet we find that after the conference of the judges spoken of by my lord dyer , eliz. f. . dyer . ( though their resolution be not their reported ) queen elizabeth did continue that imposition , and also the impost upon french wines , as being lawfull set for the space of fourty four years without any further contradiction ; besides , queen elizabeth did raise divers other new impositions , as is before declared , whereunto there was never made any opposition during her reign , and which his majesty that now is , hath received without any question for the space of fifteen years ; and thus much may suffice for answer to the several points in the third objection . chap. xxviii . the fourth objection , that the prerogative is bound or taken away by divers acts of parliament . fourthly , it is objected , that though it were granted and admitted , that the king de jure communi , hath a rightful prerogative to lay impositions upon merchandizes , yet that power say they , is restrained and taken away by sundry acts of parliament . first , the statute of magna charta , cap. . doth give safe conduct and free passage to all merchants to buy and sell , absque aliquibus malis tolnetis per antiquas & rectas consuctudines . secondly , by the act or charrer of confirmation in edw. . the king doth release a mayltolt of fourty shillings upon a sack of wooll , and doth grant for him and his heirs , unto the commons , that he shall not take such things without the commons consent or good will ; and in the same act or charter reciting , that wheras divers people of the realm were in fear , that the aids and taxes which they had given to the king before that time , was towards his war , and other businesses of their own grant and good will , might turn to a bondage of them and their heirs , because in time to come they might be found in the rolls , and were likewise grieved for prizes taken throught the realm , the king doth grant for him and his heirs , that he will not draw such ayds , taxes , or prizes , into a custome , for any thing that had been done before that time , be it by roll or any other president that may bee found . thirdly , by the statute edw. . cap. . the king doth grant that all merchants denizens , and aliens , may freely come into the realm with their goods and merchandizes , and freely tary there , and safely return , paying their customes , subsidies , and profits thereof , reasonably due . fourthly , by the statute rich. . cap. . it is enacted , that no imposition or charge be put upō wools , wooll-fells , or leather , other than the custome or subsidie granted to the king in that parliament , if any be , the same to be adnulled and repealed , saving to the king his ancient right ; there are other acts of parliament containing the same sence and substance , but these principally have been singled out , and cited as specially statutes restraining and taking away the kings prerogative in laying impositions upon merchandizes . chap. xxix . the answer to the fourth objection . to this objection first i answer , that this being a prerogative in point of government , as well as in point of profit , it cānot be restrained or bound by act of parliament , it cannot be limited by any certain or fixt rule of law , no more than the course of a pilot upon the sea , who must turn the helme , or bear higher or lower sail according to the wind and weather ; and therefore it may be properly said , that the kings prerogative in this point is as strong as samson , it cannot be bound ; for though an act of parliament be made to restrain it , and the king doth give his consent unto it , as samson was bound with his own consent , yet if the philistins come , that is , if any just or important occasion do arise , it cannot hold or restrain the prerogative , it will be as thred , and broken as easie as the bonds of samson ; and again , ius imponendi vectigalia inhaeret sceptro , saith the law imperiall , & quod sceptro inhaeret non potest tolli nisi sublato sceptro . the kings prerogatives are the sun-beams of his crown , and as inseparable from it as the sun-beams from the sun ; the kings crown must be taken from his head , before his prerogative can be taken away from him ; samsons hair must be cut off , before his courage can be any jot abated . hence it is , that the kings act , nor any act of parliament can give away his prerogative ; for in his own act the king cannot release a tenure in capite , nor grant it to any subject , dyer . if the king grant land to i.s. to hold as freely as the king himselfe holds his crown , he shall hold his land still of the king in capite , and if he alien it hee shall pay a fine , for the tenure is vested in the king by his prerogative , saith the book , hen. . . and therefore when king edw. . did grant unto the black prince his eldest son , the dutchy of cornwall , una cum omnibus wardis maritagiis & releviis , &c. non obstante prerogativa regis , the prince could not seize a ward that held of the kings ward , who held in capite of the king , because it belonged to the king by his prerogative . ass. pl. . whereby it is manifest , that the king by his own grant cannot sever his prerogative from the crown , nor communicate any part thereof to any one , not to the prince his eldest son ; and in this case of tenure it was resolved in the last assembly of parliament in england , that no act of parliament could be framed by the wit of man , whereby all tenures of the crown might be extinguished ; neither can any act of parliament in the flat negative , take away the kings prerogative in the affirmative . the king hath a prerogative in the affirmation , that he may pardon all malefactors ; there is a statute made at northampton , edw. . that no charter of pardon for killing a man shold thence forth be granted , but in one case , where one man killeth another in his own defence by misfortune : hath this statute so bound the prerogative , as no man ever since hath been pardoned for killing a man , but in the cases before mentioned ? the king hath a prerogative in point of government , to make choice of the sheriff in every county ; there is a statute made , edw. . cap. . that no man shall be sheriff two years together , and that no commission shall be granted or renew'd for the year following , to him that hath been sheriff the year before ; was the kings prerogative bound by this statute when hee granted the sheriffwick of northumberland , to the earle of northumberland during his life , with non obstante of that statute hen. . fol. . again , the king hath no ancient and absolute power to grant dispensation for holding ecclesiastical benefices in cōmendum . there is a statute made edw. in ireland , whereby it is enacted and declared , that the kings dispensation in this case shall be utterly void , if it be not by act of parliament ; did this statute so derogate from the kings prerogative , and so restrain it , that he might not only by his letters patents , grant cōmendamus , before the statute of hen. . in this realm ? assuredly the kings dispensation non obstante the statute would have taken away the force thereof , as if no such law had ever been made : there are manyother cases of like nature which i omit ; as for the particular statutes before recited , the words thereof are too generall to bind or restrain this prerogative in laying impositions upon merchandizes . first , that statute of magna charta doth give safe conduct to all merchants to come and go , and to tarry within the realm , and to buy and sell their merchandizes , sine malis tolne●is per antiqnas & rectas consuetudines . how do these generall words restrain the kings prerogative in this case ? for the ancient common law of the land , which is the common custome of the realm , doth warrant and approve the kings prerogative in laying impositions upon merchandizes , as before i have fully and clearly proved , then a reasonable imposition laid by the king is antiqua & rect a consuetudo warranted and approved by the great charter . secondly , albeit king edw. . by act or charter of confirmation of charta mercatoria , made in anno . of his reign , doth release the maletolt of fourty shillings upon a sack of wooll ; and doth grant for him and his heirs , that he will take no such thing without the assent and good will of the commons . that word ( such ) doth not absolutely bind the kings prerog. that he shall lay no imposition at all , for it is to be intended such in quantity , such in excess , for foury shillings at that time was as much as six pound at this day , which the scarcity of money in those dayes being considered , and compared with the plenty of money at this day , might then be said to be a great burthen , and yet this strong band doth not bind k. ed. . his grand-child but that , notwithstanding this charter or act of parliament , he took these things in greater quantities , sometimes fourty shillings , sometimes fifty shillings , upon a sack of wooll , when the philistins came upon him , that is , when the wars of france , and other urgent occasions did presse him to it ; as to the other article contained in the act or charter of edw. . where it is said the people did fear , left the aids and taxes granted of their good will to the king might turn to a bondage to them and their heires , when the same in time to come should be found in the rolls ; and the king did grant for him and his heirs , that he would not draw such ayds and taxes into a custome ; that act in this point restraineth not the kings prerogative in setting impositions upon merchandizes , for it speaketh only of ayds and taxes willingly granted by the people in parliament , & therefore i marvell that this article was ever objected or used as an argument against impositions ; and where●● the king doth grant that such ayds shall not be drawn into a custome , such words are usuall in the preambles of acts of subsidies where the grant is large and extraordinary , viz. that it may not be drawn into an example , that it may not be a president in future times ; and yet succeeding parliaments have not forborn to grant as large subsidies as formerly were granted . thirdly , the statute of edw. . cap. . doth rather maintain the kings prerogative in this case , than any way impugne or impeach it , for by that law free passage is granted to all merchants , paying the customes , subsidies , and profits thereof reasonably due . now certain it is , that all duties payable to the king for merchandizes , are of three kinds only , customes , which are these ancient and certain duties , wherein the crown hath no inheritance , as is before expressed ; subsidies which are granted by act of parliament , and impositions which are raised from time to time by the kings prerogative onely , we find not a fourth kind , and therefore the word profits must needs be taken for impositions . fourthly , the statue of rich. . cap. . though it provide in expresse terms , that no imposition or charge be layd upon wooll , wooll-fells , or leather , other than the custome or subsidy granted in that parliament , yet it saveth alwayes to the king his ancient rights ; this was as turbulent a parliament as ever was holden in england , and yet was the kings right acknowledged , though the unruly lords and commons did in a manner force his assent to limit his prerogative at that time . lastly , if these acts had absolutely bound the kings prerogative , and had been observed literally and punctually untill this time , the king should onely have had at this day the demi mark for our own staple wares , and perhaps the three pence custome for forein commodities , and no more . what an inconvenience , what an absurdity had this been at this day , when all forein princes have raised their customes to an exceeding height ? when as i have noted before the necessary expences of the crown are so much encreased , when the prizes of all commodities are so much enhanced , when there is so great a plenty of money in this part of the world , when the kings revenue within the land is so much improved ; is it fit that duties payable for merchandizes should stand at a stay and keep the old rates without augmentation ? chap. xxx . the fifth objection , that tonnage and poundage were never taken , but when the same was granted by parliament . fiftly , it is objected , that the subsidies of tonnage and poundage , were never taken by any king of england , but when the same were granted by act of parliament , which is an argument , say they , that the king could never take those duties but by his absolute power , for if his prerogative could have imposed those rates of it self , what need was there of an act of parliament ? why should the king have expected the consent of the commons ? cum dominus eis opus habet , and when the exchequor were so empty , as the jewells of the crown were layd to pawn by some of those kings who were glad to take these subsidies by acts of parliament . chap. xxxi . the answer to the fifth objection . the answer to this objection is twofold ; first , that which is objected is not true , for tonnage and poundage have been taken by the kings prerogative without act of parliament ; secondly , if it had been true , it is no argument against the kings prerogative in this point , for what is tonnage but a certain sum of money payable for every tun of vvine imported ? did not king edw. by force of his charter mercatoria , without act of parliament , take two shillings for every tun of vvine imported by strangers ? did not the same king set a new imposition of gauge , viz. upon every tun of vvine brought into london , as is before expressed ? and are not the severall impositions of vvines taken by his majesty in england and ireland , a kind of tonnage ? being nothing else but extraordinary rates imposed upon ever tun of vvine , and levied and taken by the kings prerogative . again , was not the three pence upon the pound imposed by king edw. . by his charta mercatoria , a kind of poundage , and well nigh as great an imposition as twelve of the pound granted at this day by act of parliament ? if we consider the standard of monies in the time of king edw. . when a peny sterling did contain as much or more pure silver , as the three pence sterling doth contain at this day ; but admit that no tonnage or poundage had ever been taken , but by grant in parliament ; yet it is no argument , but that the king might impose the like or the same by his prerogative , for three particular reasons : the first , because these subsidies were granted for maintainance of the navy royall , the charges whereof were grown so great in the time of king edw. . as appeareth by the act of tonnage and poundage granted in the year of that kings reign , that it sufficed not , nor in time to come was like to suffice or defray the charge of the crown in keeping the sea : these are the words of that act , if then in the time of king edw. . the subsidy of tonnage being three shillings upon a tun of vvine brought in by denizens , and six shillings upon a tun brought in by strangers ; and the subsidy of poundage or of twelve pence of the pound upon other cōmodities was not then sufficient to bear the charge of the royall navy , which was not comparable by many degrees in strength , and beauty , and multitude of ships to the kings navie at this day ; doth it stand with reason , that the crown should be stinted or limited ever after to take no more than those poor subsidies granted at that time ? that the king should wait for a parliament , and pray an ayde of the commons for a competent means to maintain the walls of the kingdom , when by the common law of the realm he may grant letters patents for murage , to maintain the walls of a corporate town . if any unexpected necessity should arise for repairing of the navy royall , and making a navall war , should the king expect a parliament for a greater subsidy to bee granted by the commons before he should rigge and make ready his ships , perhaps a kingdom might be lost in the mean time ; as if a pilot sitting at the helm , and seeing a sudden gust of wind , would over-set the ship , or perceiving her to be running on a rock , should forbear to turn the helm , or cause the sail to be stricken , untill he had consulted with the mariners or passengers , and demanded their consent or counsell in the businesse ; the pilot himself with his mariners and passengers might be cast away , before they were agreed what course to take . secondly , these subsidies of tonnage and poundage were first granted by act of parliament , in the time of the civill vvars between the two great houses of lancaster and york , when the severall kings were loath to make use of their prerogatives , but were glad to please their people , and loath to impose any charge upon them , but by common consent in those troublesome times . thirdly , kings and princes oftentimes of their own noble nature , and sometimes in policy , do accept that of their subjects as a gift , which they might exact & take as a duty , and therefore our most potent and politique kings have ordained and accepted many things in parliament , which they might have done in their private chambers by their own prerogative , without any other ceremony ; who ever made doubt of the kings prerogative in establishing the standard of monies , and yet how many acts of parliament do we find touching monies , in the times of king e. . and king edw. ? the kings prerotative in making & establishing marshall law , was never yet in question , yet are there acts of parliament touching musters , departures of souldiers without their captains licences , or the like . the king only doth give honours , and places of precedency , yet king hen. . made an act of parliament , whereby he rancked the great offices of the crown in their severall places , as well in council as in parliament . no man ever doubted but the king being the fountain of justice , may erect courts of justice by his prerogative , yet we find the court of augmentations , and the court of vvards , erected by act of parliament . lastly , in the time of edw. . we find an act of declaration of the principall prerogatives of the crown of england , were most undoubted and clear , yet his majesty was pleased in his first parliament to accept of an act of recognition . chap. xxxii . the conclusion by these reasons and demonstrations which are before expressed , it is evident , that the king of england by vertue of an ancient prerogative inherent to the crown and scepter , may justly and lawfully set impositions upon merchandizes , and may limit and rate the quantity and proportion thereof by his own wisdom and discretion , without act of parliament ; and this prerogative is warranted and approved by the generall law of nations , and the law merchant , which is a principall branch of the law of nations ; by the imperial law , the ecclesiasticall law , and by the rule of the common law of england , and by the practice of the most prudent kings and queens of england since the conquest ; and that this prerogative is grounded upon many excellent reasons , and that the severall objections made against this prerogative , are but shadows and colours of reason , and clearly removed and washed away by the severall answers thereunto . chap. xxxiii . a comparison of the impositions set and taken in england , by the kings prerogative , with the exceptions and gabells in forein states and kingdoms , whereby it will appear , that the subjects of the crown of england , do not bear so heavy a burthen by many degrees , as the subjects of other nations do bear in this kind . albeit , indeed the king of england being no emperor , and having all imperiall rights within his own kingdoms , hath and ever had as absolute a prerogative imponere vectigalia , or to lay impositions , as the emperor of rome or germany , or any other king , prince , or state in the world , now have , or ever had ; yet let it be truly said for the honor of the crown of england , that his majesty that now is , and all his noble progenitors , have used and put in practice this prerogative with more moderation and favor toward the people , than any forein state or prince in the world have besides , and that in three respects . first , the king of england doth make use of this prerogative only , in laying impositions upon merchandizes crossing the seas , upon such onely , and not upon any other goods which are bought and sold within the land ; neither doth he by his absolute power alone , impose any tax upon lands or capita hominum , or capita animalium , or upon other things innumerable , whereof there are strange presidents and examples , both ancient and modern , in other countries . secondly , the king doth not charge all merchandizes crossing the seas , with this imposition now in question , for in the letters patent whereby the imposition of twelve pence in the pound over and above the subsidie of poundage , is laid and limited , divers kinds of commodities are excepted , especially such as serve for food and subsistance of the kings people , for setting the poor on work , for maintainance of navigation , and other things of like nature , as before is declared . thirdly , the impositions which are laid by the kings of england upon merchandizes , are not so high as the impositions and exactions set and taken by other princes and states ; for the highest imposition in ireland is but twelve pence upon the pound , or but a single poundage , which is but five in the hundred , and is the lowest rate in christendome at this day , and in england there is added but twelve pence in the pound more , which is but ten pound upon the hundred pound , and yet divers sorts of merchandizes , as i said before , are excepted and discharged of that imposition of the second imposition of twelve pence . but on the other side let us see the practice of other princes and states in laying impositions , and how far they have extended and strained their prerogative in that point , beyond and above the impositions in england ; i will begin with the romans , when they had gained the monarchy of the world , so as all kingly power did rest in their emperor . first , iulius caesar laid the first imposition upon forein merchandizes , saith suctonius , peregrinarum mercium portaria primus instituit , and that imposition was octava rerum pars , which was more by a fifth part than our highest imposition in england , for it is two shillings and six pence upon the pound . next , augustus caesar about the time of our saviours birth , sent out an edict , whereby he did tax all the world , and this tax was capitatio , or an imposition , super capita hominum , though the quantity thereof doth not appear ; but the poll-money which our saviour did pay , and wrought a miracle , it seemeth to be an high imsition , for the peeces of money taken out of the fishes mouth , which is called didrachma , or stater , is said to bee worth two shillings and six pence sterling , which being given for himself and peter , da illis pro me et te , shews that fifteen pence sterling was given for a poll , which must needs amount to an infinite thing , if it were collected over all the world , then subject to the roman emperor . tiberius the roman emperor , who succeeded augustus , took the hundred part of all things bought and sold within the empire , which perhaps was an imposition of greater value and profit than the other . caligula the emperor , layd an imposition upon all sutes in law , and took the fourth part of the value of the value of the thing sued for , and set a pain upon the plaintiff if he compounded , or were non-suted without his licence . he likewise imposed a number of sesterii upon every marriage contracted or made within the whole empire . vespasian in meaner and more homelier matters , took by way of imposition , a part of every poor labourers wages , and part of every beggers alms ; he set likewise an imposition upon vrine , and pleased himself with this apothegm , dulcis odor lucri ex re qualibet . severus the emperor did impose upon the dishonest gains of the stews , and took part of the prostitutes there , as the bishop of rome doth at this day ; all the emperors before trajan , took the twentieth part of all legacies and lands descended , as things which came unlooked for , and as a cleer gain , and therfore the heirs and legatories might easily spare a part to the emperor ; and nicephorus , one of the emperors of the east , did not onely take sumaria tributa smoke-money out of every chimney , but he layd an imposition upon every mans estate that grew suddenly rich , upon a presumption that hee had found a treasury which did belong to the emperor by prerogative . with a little more search i might find out other impositions of severall kinds , set by the ancient emperors upon the heads of beasts , upon the tiles of houses , and the like ; i might adde hereunto the impositions set by lorrain , upon every pane of glasse in windows ; but these may suffice how high they strained , and how far they extended their prerogatives in this point of impositions . secondly , the roman empire being over-come by the gothes and vandalls , and other barbarous nations , and thereby broken into kingdomes and free states , their passed divers ages before these monarchies could be well setled , and before peace bred plenty , any plenty bred civility , and before trade , traffique , comerce , and intercourse could be established between these states , and kingdoms , and therefore while these states and kingdoms were yet but poor , and while there was a generall scarcity of gold and silver in these parts of the world , and so for want of money there was but little trade and traffique among the people , either at home or broad , kings and princes did not , neither could they make that use of their prerogative in laying impositions , as they had done in those latter times ; since all arts and sciences have been encreased , all commodities improved , and the riches of the east and west indies have been transported into this hemisphere . but now let us see whether the kings and princes of other countries round about us at this day , make not a far more profitable use of their prerogatives in laying impositions upon their people , than the king of england doth , albeit his kingly power be full as large as any of theirs . in france , the most richest and ancientest of the neighbour kingdoms , the impositions not onely upon merchandizes crossing the seas , but also upon lands , goods , persons of men , within the realm are so many in number , and in name so divers , as it is a pain to name and collect them all , and therefore it must needs be a more painfull thing for the people of that kingdom to bear them all , la tallie , le tallon , les aids , les aquavalentes , les equi pollentes , les cruces , or augmentations of divers kinds , le hop benevolence la cabelle , upon salt , amounting to an exceeding great revenue ; the impost of wines upon every vessell carried into any walled towns or suburbs thereof , and payable , although it be transported thence again , before it be sold , la hault passage or de maine forrein , for merchandizes exported , le traject forrene , for merchandizes imported , la solid de cinquants mil holmes , imposed upon cities , & walled towns , and the suburbs onely , and after layd upon town and country , without distinction , the common positions for provisions ; the tenthes paid by all ecclesiasticall persons : these and other impositions of the like nature , are layd and levied upon the subjects of france , by the absolute power and prerogative of the king , and though many of these were imposed at first upon extraordinary occasions , and set but for a time , yet the succeeding princes have continued them from time to time , and the most part of them made ordinary and perpetuall by king lewis the . who was wont to say , france was a meadow , which he could have mowed as often as he pleased . in spain there is an imposition named alcavala , imposed as well upon the nobility , as the commons , which was first raised by alphonsus the . to expell the mores , and for the expurgation of algiers , but afterwards it was made perpetuall , and is now a principall part of the royall patrimony , gutturis de gabellis , quaest. . this imposition was at first but the twentieth part , but afterwrds it was raised to the tenth of every mans estate , which doth far surmount the highest impositions that ever were layd in england , by the kings prerogative , without act of parliament . this alcavala is an imposition within the land , but the impositions upon merchandizes exported and imported , are far higher , especially upon merchants strangers , for their common impositions upon strangers is five parts upon the hundred , and in the year , they imposed thirty of the hundred , as is before declared ; and upon the ingate of indian spices into portugall , the king of spain doth lay the greatest rates that ever were set in christendome , although upon the outgate the rates are more moderate . in italy the impositions and gabells set upon every kind of thing by the states and princes there , are intolerable and innumerable . non mihi si centum linguae sunt oraque centum , ferrea vox italorum omnes numerare gabellas , cunct a gabellarum percurrere nomina possem . especially upon the great towns and teritories that are subject to the great duke of tusknie , where there is not any roots , nor any herb , nor the least thing that is necessary for the life of man , that is bought and sold , or brought into any town , but there is a gabell or imposition set upon it ; where no inholder , baker , brewer , or artificer , can exercise his trade , but the great duke will share with him in his gain , by laying some imposition upon him ; where no man can travell by land , or by water , but at every bridge , at every ferry , at every wharf or key , at every gate of a town , the garbellor arrests him , and is ready to strip him naked , to search what goods he hath about him , for which he ought to pay the garbell . in the popes territories the impositions which his holinesse doth lay upon his subjects as a temporall prince , are as many , and as heavy , as those that are levied by the duke of tuskanie , in so much as when sixtus quintus had set an imposition upon every thing that served for the use of mans life , pasquill made hast to dry his shirt in the sun , fearing the pope would set some imposition upon the heat of the sun , miastingo ( saith he ) in the . sole sevenda ; i omit to speak of the exactions of the court of rome , in another kind , which are infinite , and which long lay heavie upon the western countries of christendome , untill of late years some nations did free themselves thereof , by rejecting the yoke of the bishop of rome . in the seigniory of venice , the gabells upon the land were more moderate than in the other parts of italy ; but that city being the lady of the adriatique sea , doth use by prescription a high prerogative , in laying impositions upon all merchandizes arriving within the gulf , civitas venetiorum ( saith baltholus ) potest pro maritmeis mercibus gabellas imponere , quia est civitas in mari situata , & veneti ( saith baldus ) ex consuetudine sunt domini maris adriatici & possunt statuere super gabellis maris , wherein they observe a profitable and politique course , for upon the commodities of other nations which are of goods in their common-wealth , they lay the easier impositions , sometimes five , sometimes seven , sometimes ten , upon the hundred , which doth exceed the highest imposition in england , five in the hundred at the least . in the low countries the impositions which they call excizes , paid by the retaylors of wines and other cōmodities , and not by the merchant , are the highest in christendome ; and yet we perceive that people to thrive and grow rich withall , for an improved high rent doth so quicken the industrie of the farmer , as he thriveth oftentimes better than his neighbour who is a free-holder and payeth no rent at all ; howbeit , to draw trade , and to invite all nations to comerce with them , & so to make their country a staple , store house , or magizen of all europe , they do set but easie rates upon merchandizes imported , but when they once have gotten their cōmodities in to their hands , if any merchant will export the same again , hee shall pay a greater custome . the grand seignior of turkie doth impose sometimes ten in the hundred , sometimes twenty in the hundred upon merchant strangers , who trade into the levant ; and i could speak of his other exactions and impositions upon his vassalls , but that i think it not meet to compare that regions tyrant , to the princes and states of christendome . i may remember at last , the great toll which the king of denmark taketh of every ship that passeth into the sound , taking advantage of a narrow straight between elsmore and copman haven ; whereas the king of england being the undoubted lord of the narrow seas , between dover and callis , might take the like toll if it pleased him , and by the same right might participate of the great gain of fishing which the busses of holland and zeland do make yearly upon the coasts of great britain . thus we see by this comparison , that the king of england doth lay but his little finger upon his subjects , when other princes and states do lay the●● heavy loins upon their people ; wh●●●●●the reason of this difference ? fro●●●hence commeth it ? assuredly not from a different power or prerogative , for the king of england is as absolute a monarch , as any emperor or king in the world , and hath as many prerogatives incident to his crown ; whence then proceedeth it ? to what profitable cause may we ascribe it ? certainly to divers causes profitable , and principally to these causes , following . first , our king of england hath alwayes gone before , and beyond all other kings in christendome in many points of magnificency , and especially in this , that they have alwayes had a more rich and royall demean belonging to the crown , i mean more large and royall patrimony in lands and rents , than ever any christian king had before , or now hath at this day ; for it is certain , that the revenues of other princes and states do principally consist in such gabells , impositions , and exactions , as are before remembred , and not in terr a firma , not in such a reall and royall patrimony as hath ever belonged to the crown of england , and therefo●● other kings being lesse able to ●●●ntain their estates , or more covetous in their own nature , have laid heavier burthens upon their subjects , than ever the king of england hath layd , or will do , or hereafter hath need to do , god be blessed for it ; the kings of england have had the princes portion spoken of before in of ezekiel , and therefore they had no need so to oppresse the people . again , we may ascribe this difference to the bounty and noble nature of our kings , that they would never descend to those poor and sordid exactions which other princes & states do take of their subjects , sordidum putandum est aurum quod ex lachrimis oritur , as a good counseller told vespasian . again , we may ascribe it to the wisdom and policy of our kings , who would never follow the counsell of rehoboams younger counsellers , boni pastoris est oves tondere non diglubere , as tiberius the emperor was wont to say , odi hortulanum ( saith alexander ) qui ab radice olera excindit ; qui nimis emergit elicit sanguinem , saith solomon , they well considered that the money levied by taxes and impositions , is the blood of the people , which is not to bee let out in any great quantity , but to save the life , as it were , of the common-wealth , when she is sick , indebted , and in great danger . again , it may be ascribed to their piety and religion which moved them to follow the counsell of the divine rule , deut. . where the king is warned not to multiply upon him much gold and silver , for that indeed there doth seldome come good by great treasure heapt up by a great prince , for it doth but nourish pride and ambition in him , and stir him up many times to make an unjust warre upon his neighbours ; or if he leave it unto his successers , it makes them luxurious and vitious , which draweth with it sometimes the ruin of the kingdome , sed optimus & certissimus thesaurus principis est in loculis subditorum , saith the learned buterus , in his book against machiavill , let the king , saith he , have a care to maintain religion , and justice , and peace , in his kingdom , this will soon bring plenty , with a continuall increase , and make a rich and wealthy people ; then shall the king never want money to serve his just , and necessary , and honourable occasions ; for it is impossible the soveraign should be poor when the subjects are rich , and untill occasions do arise , the coffers of his subjects will be his best exchequer ; they will be his treasures , they will be his receivers , his tellers without fees or wages , no bad accomptant shall deceive him , nor no bankrupt officer shall deceive him , they will keep the treasure of the kingdom so frugally , as no importunate courtier shall be able to withdraw the same from a prince , but that it shall still remain in store to supply the necessities of the common wealth . lastly , our kings of england in their wisdoms , well understood the natures and dispositions of their people , and knowing them to be a free , generous , and noble nation , held them not fit to be beaten with rehoboams rod , esteemed them too good to be whipt with scorpions , and therefore god be blessed , we have not in england , the gabeller standing at every towns end ; we have not a publican in every market , we pay not a gabell for every bunch of reddish , or branch of rosemary sold in cheap-side , we have none of those harpies which do swarm in other countries , we have no complaining in the streets , as is said in the . psalm ; and therefore i may well conclude with the conclusion of that psalm , happy are the people that are in such a case , blessed is the people that have the lord for their god above in heaven , and king iames for their king here upon earth . finis . these books following , are printed for henry twyford , and partners , and are to be sold at his shop in vine-court middle temple . the compleat attorney , or the practick part of the law . a learned treatise of wards and liveries , by sir iames ley knight . the life of the apostle st. paul . soliloquies , meditations , and prayers , of st. bonaventure . the discontented collonel , by sir iohn sucklin . the european mercury . the humble remonstranee of sir iohn stawell . hebdomada magna , or the great week of christ's passion . sir robert brooks reading on the statute of limitations . kitchens jurisdictions of courts leet , courts baron , &c. rich. brownlow esq prothonotary to the court of common pleas . his reports , the first and second part. declarations and pleadings english . judiciall writs . plowdens abridgment . abridgment of lord cook's littleton . abridgement of pulton's statutes at large , by edmund wingate esq the books of the drawing up of all manner of judgments . the body of law , by edmund wingate esq the marrow of law , or the second part of the faithfull counsellor . office and duty of executors in . lay-mans lawyer , or the second part of the practick part of the law . a commentary on the original writs , by william hughes esq stevenson's poems . the anabaptists anatomised , in a dispute between mr. crag , and mr. tombes . caesars commentaries , with sir clement edmunds observations . the compleat clark , and scriveners guide , being the exact forms of all manner of conveyances and instruments now in use ; as they were penned by learned counsel , both ancient and modern . the counesse of arundells secrets in physick and chirurgery , &c. the history of the troubles of swethland and poland . notes, typically marginal, from the original text notes for div a e- iustinian dict. & stud. .lib.cap. . baldus . baldus . strabo . iustinian halicar. . lib. . bracton . stampford pràrogat . regis fol. . . e. . . e. . h. . com. e. . . . r. . . magna charta . cap. . vlpian edw. . , . reg. fol. . f. n. . d. f. n. . d. e. . regist. . a. bodin . register . hen. rot. pa. . e : i.m. . in archis turris london . edw. . e. . cap. . cicero e. . . lex civilis . cicero offic. li . . bodin de repub. li. .cap. . bodin stephen king of spain . pope eluther . ii r. . chopinns . rhodians . the canon law . decret. cause quaest. . canonists . poll-money . st. paul . fortescue h . .fol. . edw. pat . m f.n. d. register of writs , fol. . custome and toll . strabo . h. . dyer . edw. . edw. . edw. . bates case de currans in sccio . per fleming chief baron . edw. . edw. . rot. fin.memb. . statute e. . dyer . h. . . fd . . e. . prizage and butlerage . h. ed. . gauger . alneger . ed. . customer . comtroller . searcher e. . ed. . e. . the writ to his collecttors of his customs . collectors of his customs . raimundus lullius . ed. . rot. fin . m. . in archivis turris . le records . ed : . rot. . in sccio . angliae , &c : ed. . rot. almaniae . pars . numb. . ed. . rot. parl. numb. ed. . ed. . staple at callis . e. . r. . h. . h. . dyer eliz. eliz. letters patents , iuly , . iac. bodin lib. : de repub. ca. . caligula : appian . cicero . ed. .cap. . virgil . plin. lib. .cap. . tempore edw. . edw. . edw. . ed. . hen. matthew paris histor. magna p. . hen. stow fitz avowry . rich. . protection rot. scotiae . nu . in arch turris . gen. . baldus . strabo . stampford . ass . p. . . ass . p : . ed. . edw. . ed. ri. . h. . tempore . henry . the k. of spain's imposition in an. . magna charta cap. . ed. . i edw. . anno . elizabeth object . . the answer to the . object . object . . the answer to the . object . solomon . henry . poeta . object . . edw. edw. . ed. . ed. . ed. . ed. . ed. . ed. . lord latimer richard lions . i. peachy ed. . rot. parli . numb. . ed. . rot. parl. num. . in arch. turris . dyer . eliz. fol. . the answer to object . . edw. : senatus rome . solomon . iulius caesar . augustus caesar . edw. . edw. . nero . edw. . rich. . petitions are of divers kinds , & have divers answers . mayletolt kings cap. . ed. .cap. . anno ed. . edw. . rot. parl. nu. . edw. . rot. parl. numb. . ed . rot. parl. nu. . in arch. turris . ed. . rot. parl. numb. . ed. . rot. parl. numb. . edw. . rot. parl. numb. . lionscase ed. . rot. parl. nu. , . lord latimers case peachies case . eliz. dyer . fol. . object . . the answer to the forth object . dyer . statute of northampton . edw. object . . the answer to the . object . k. ed. . iulius caesars impositions . tiberius the roman emperor . caligula . vespasian the imposition of france . the spanish impositions . gutturis de gabellis quaest. . the d. of tuskanies impositions . the impositions by the pope . sixtus quintus . the impositions of the seigniory of venice . baltholus baidus : the impositions of the low countries the impositions of the grand seignior of turkie the impositions of denmark . ezek. . solomon . deut. : buterus contra machiavill . psa. . an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. : die jovis decemb. . / ordered by the lords assembled in parliament, that this ordinance be forthwith printed and published ; joh. brown cler. parliamentorum. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : a) an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. : die jovis decemb. . / ordered by the lords assembled in parliament, that this ordinance be forthwith printed and published ; joh. brown cler. parliamentorum. england and wales. parliament. browne, john, ca. - . [ ], p. printed for iohn wright at the kings head in the old bayley., london : . reproduction of original in the sutro library. with: die jovis, . julii, -- die sabbathi . decembris, . eng tax collection -- great britain -- early works to . great britain -- politics and government -- - . a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament : for bringing in of the arrears for the garrisons of the easterne association . die jovis decemb. . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . joh. brown cler. parliamentorum . london printed for iohn wright at the kings head in the old bayley . . die jovis decemb. . an ordinance of the lords and commons assembled in parliament , for bringing in the arrears of the garrisons of the easterne association . vvhereas by two severall ordinances of the third of september , . and the sixth of august , . sixteene moneths and seven daies tax was ordained to be assessed , collected , and payed for maintenance of the garrisons of the easterne association ; and whereas a great part of the moneys payable by vertue of the said ordinances , is still in arreare , and uncollected , and by meanes thereof the summes of money still due to the said garrisons for their pay , during the time of their continuance , and to the inhabitants thereof , and of the adiacent counties for quarters , are become very great : now that the said arreares may be brought in , and issued forth according to the true intent and meaning of the said ordinances , be it ordained , and it is ordained by the lords and commons in parliament assembled , that the committee of lords and commons for the easterne association , and the committees of the severall counties mentioned in the said ordinances , shall have power , and are hereby authorized to execute the said severall ordinances according to the powers and authorities to them thereby granted respectively . and the said committees are hereby ordered to take effectuall care for the full and speedy assessing , raising , levying , and collecting of all the said arreares : and be it further ordained by the authority aforesaid , that the said committee of lords and commons for the easterne association , shall have power to imploy and dispose of all the said arreares , to the intents and purposes of the said severall ordinances , according to the authority to them hereby granted . jo. brown cleric . parliam . by the king. a proclamation forbidding all assessing, collecting, and paying of the twentieth part and of all vveekly taxes by colour of any order or ordinances, and all entring in protestations and associations against his majestie. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation forbidding all assessing, collecting, and paying of the twentieth part and of all vveekly taxes by colour of any order or ordinances, and all entring in protestations and associations against his majestie. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) s.n., [london : ] at foot of text: "given at our court at oxford the eight day of march, in the eighteenth yeer of our reign. . god save the king." london reprint of the oxford original. -- steele. with engraving of royal seal at head of document. reproduction of the original in the british library. eng taxation -- great britain -- early works to . great britain -- history -- civil war, - -- finance -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation forbidding all assessing, collecting, and paying of the twentieth part, and of all vveekly taxes by colour of an england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . ❧ a proclamation forbidding all assessing , collecting , and paying of the twentieth part , and of all vveekly taxes by colour of orders or ordinances , and all entring into protestations and associations against his majestie . whereas , an actuall and open rebellion being raised against vs under the command of robert earle of essex , and diverse other traiterous persons , for the destruction of vs and our posterity , and the subversion of the religion , laws , and liberties of this our kingdom , great endeavours are daily used to perswade and fright our good subjects in our city of london , and thorowout this kingdom , to submit to severall illegall impositions , by pretended orders or ordinances of one or both houses of parliament , for the levying of the twentieth part of their estates , and for vveekly taxes upon the same , and to engage them into unwarrantable protestations and associations , to no other end then to foment and maintain this unnaturall vvarre against vs ; all which contributions , protestations , and associations are by the known law of the land acts of high treason , and endeavours to take our life from vs ; vve do therefore strictly charge and command all our loving subjects whatsoever , and particularly of our counties of norfolk , suffolke , hertford , essex , cambridge , kent , surrey , sussex , south-hampton , north-hampton , leicester , derby , rutland , nottingham , huntingdon , bedford , and buckingham , where this association hath been already attempted , upon their allegiance not to enter into any such association or protestation , and all our loving subjects in what parts of this our realm soever ( particularly of our city of london ) not to submit to any such imposition , levy , or tax as aforesaid , nor to presume to be assistant thereunto by assessing , taxing , levying or collecting thereof . and vve do hereby publish and declare , that vve are resolved to grant out our commissions for the seizing of the goods , and the sequestring of the estates of all such persons as shall rebelliously disobey vs herein , to the intent that such their goods and rents may be safely deposited , untill such time as the offendors can be brought to a legall tryall , which shall speedily proceed against them , as soon as they can be apprehended and delivered into the hands of iustice . and vve do hereby will and command all persons who are any wayes indebted unto , and all the severall tenants of all such persons , who shall by submitting to , or assisting of any such imposition , levy , or tax , contribute to the maintenance of the armies in rebellion against vs , or that shall joyn in any such traiterous association or protestation , that they forbear to pay any rents or debts due to the said severall persons , but detain the same in their hands towards the maintenance of the peace of the counties , and the reparation of such men who have suffered by the violence of the aforesaid armies , the same course being already taken by publique order and directions against such as have faithfully and according to their allegiance assisted vs against this unnaturall rebellion . and as vve have heretofore declared , that whosoever sould lose his life in this our necessary defence , the vvardship of his heire should be granted by vs without rent or fine to his own use ; so on the other side vve do here by publish and declare , that whosoever of our subjects shall not make use of this our gracious vvarning , but persist in , or hereafter engage themselves into either actuall bearing arms against vs , or any such traiterous assistance of those that do bear arms either by contribution or association as aforesaid , in case they dye or be so killed during this rebellion , that the coroner cannot have inspection of their bodies , their heires shall have no benefit by our instructions of grace to our court of vvards ; the benefit of which , vve shall ever be carefull that all our good subjects may fully enjoy . given at our court at oxford the eight day of march , in the eighteenth yeer of our reign . . god save the king . a proclamation, prorogating the dyets of giving in lists of poleable persons, and payment of their pole-money, and prescribing methods for the exactness and perfecting of the same. scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, prorogating the dyets of giving in lists of poleable persons, and payment of their pole-money, and prescribing methods for the exactness and perfecting of the same. scotland. privy council. scotland. sovereign ( - : william ii) sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to his most excellent majesty, [edinburgh : anno dom ] caption title. imprint from wing. royal arms in ornamental border at head of text; initial letter. intentional blank spaces in text. dated at end: edinburgh, the nineteenth day of december, and of our reign the seventh year, . signed: gilb. eliot cls. sti. concilii. imperfect: cropped at foot; imprint lost. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poll tax -- law and legislation -- scotland -- early works to . tax collection -- scotland -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation , prorogating the dyets of giving in lists of poleable persons , and payment of their pole-money , and prescribing methods for the exactness and perfecting of the same . william by the grace of god , king of great britain , france and ireland , defender of the faith , to _____ macers of our privy council , messengers at arms , our sheriffs in that part , conjunctly and severally , specially , constitute , greeting ; forasmuch as , by the act of parliament one thousand six hundred and ninty five years anent the pole-money , and former proclamations and orders of our privy council thereanent , several days were prefixt for sending in from the several shires of this kingdom to the clerk of our thesaury abstracts of the lists and rolls made up within the respective sub-divisions of the saids shires ; nevertheless the saids abstracts are either wholly neglected , or sent in so defective and lame , that no distinct charge can be formed thereupon , either against the collectors of the shires , or paroch collectors , or these lyable in payment of the said pole-money , in so far as in several of the saids books and lists there are no sums drawn out upon either the stock , or rent , or characters , and conditions of the persons poleable , and the fees of servants are condescended on only for half a year , whereas the master is lyable for the whole years pole out of the halfyears fee , and some condescends upon persons merchandizing , and exercising trades , and keeping servants , and yet bears them not able to pay pole , and the general pole of six pence is not adjected to the particular pole , and the valued rent is not divided amongst the tennents conform to their possessions but charged in cumulo , and that there are several other defects and omissions in the saids books , for remeid whereof , and for perfecting the lists and rolls of the poleable persons within the several shires of this kingdom ; and for rectifying and amending the several defects and mistakes above-written , and to the effect the pole-money may be fully and exactly gathered up according to the perfected lists , we with advice of the lords of our privy council have thought fit to prorograt and continue the days for compleating the saids lists and rolls , and paying in the pole-money due by the several leidges of this our kingdom until the fifteenth day of january next to come for all upon this side of tay , except perth shire , and to the first day of february for perth-shire and all beyond tay , hereby requiring and commanding the collectors of supply within the several shires of this kingdom , betwixt and the days respective foresaids , to make up exact and compleat lists of all persons poleable within their respective shires , in the terms of the act of parliament anent the pole-money , who may be either altogether omitted , or not inrolled to their just avail by the sub-collectors of the respective divisions and paroches within the several shires , for which the saids collectors of supply are allowed to retain five per cent , in their own hands , out of the pole-money which shall be collected by them from the persons either omitted or not duely inrolled as said is : and likeways we hereby require & command the saids collectors of supply betwixt and the days respective foresaid to go through every paroch within their respective shires , and there revise and examine the lists and rolls given in to them by the collectors of the several sub-divisions and paroches , and make tryal of the famen that they be full and exact , and to make use of the assistance of the elders , and examination rolls of every paroch , and if need beis to execute our former letters of horning granted to them for that effect , and to do all other diligence allowed by our laws for perfecting and compleating the saids lists and rolls betwixt and the days foresaids : and the saids respective collectors of supply within the several shires are hereby allowed to retain in their own hands two per cent. of the whole pole-money collected and uplifted within the respective shires for their pains and travell in the premisses and that by and attour the allowance granted to them by this and our former proclamations and orders : and we with advice foresaid , require and command all and every one of our subjects lyable in payment of the pole-money contained in the foresaid act of parliament to make due and compleat payment thereof to the respective collectors appointed for that effect betwrixt and the days respective abovementioned , with certification whoever shal be found defficient thereafter shal be lyable in the quadruple of their pole-money which we hereby ordain to be exacted without any abatement , ease , ordelay , & we with advice foresaid require & command the several collectors of supply within this kingdom to make report of their diligence , by sending in exact and compleat abstracts of the lists and rolls of the poleable perssons within their bounds to the clerk of our thesaury ; and likeways by paying in the whole pole-money collected and received by them , betwixt and the days respective above-mentioned , as they will be answerable . and to the effect we may be informed of , and understand if there be any neglect , connivance , or omission in any of the collectors of supply within the several shires , in the punctual observance and execution of the premisses , we , with advice and consent foresaid , command the sheriff-deputes within the several shires of this kingdom , betwixt and the fifteenth day of february next to come , for all upon the south-side of tay , except perth-shire ; and for perth-shire , and all be-north tay betwixt and the first day of march thereafter , to supervise and examine the diligence used by the collectors of supply within the saids respective shires , and to make up rolls of all persons he shall discover , either to be altogether omitted , and not given up in list , or not inrolled to the just avail of their pole , or who have not made payment of the pole-money due by them , and to exact and list the quadruple of the pole-money wherein any of the saids persons are lyable , whereof they shall retain the one half to themselves , and make payment to us of the other half , betwixt and the days last above-mentioned , as they will be answerable , our will is herefore , and we charge you strictly , and command that incontinent thir our letters seen , ye pass to the mercat-cross of edinburgh , and remanent mercat-crosses of the head burghs of the several shires and stewartries within the kingdom , and there in our name and authority make publick intimation of the premisses , that none pretend ignorance . given under our signet at edinburgh , the ninteenth day of december , and of our reign the seventh year , . ex deliberatione dominorum sti. concilij . gilb . eliot cls. sti. concilij . god save the king . an expedient for taking away all impositions, and for raising a revenue without taxes humbly presented his most excellent majesty king charles the ii / by francis cradocke ... cradocke, francis, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an expedient for taking away all impositions, and for raising a revenue without taxes humbly presented his most excellent majesty king charles the ii / by francis cradocke ... cradocke, francis, d. ? [ ], p. printed for henry seile ..., london : . reproduction of original in thomason collection, british library. eng charles -- ii, -- king of england, - . taxation -- law and legislation -- england -- early works to . a r (wing c ). civilwar no an expedient for taking away all impositions, and for raising a revenue without taxes. humbly presented his most excellent majesty king char cradocke, francis c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion an expedient for taking away all impositions , and for raising a revenve without taxes . humbly presented his most excellent majesty king charles the ii. by francis cradocke merchant . london , printed for henry seile , stationer to the kings most excellent majesty . . may it please your most excellent majesty : how unfit and unworthy a choice i have made of my self , to appear in a work of this nature , mine own reason , though exceeding weak , hath sufficiently resolved me : and notwithstanding opinion better than truth can travel the world without a pasport , where there are as many internal forms of minds , as external figures of men ; yet my hopes are , that by publishing the honour done by your royal perusal to the manuscript , before it saw the presse , and recommending the same to your majesties most honourable privy council , this may obtain the favour of their debate , and receive the better common acceptation . i have had it under my consideration about four years , ( and thought it a jewel unfit to cast before such governours : ) what esteem it will receive by others i cannot promise to my self , my ambition in it is to serve my sovereign lord and countrey , whereunto i am more obliged than many others , in that your majesty hath dealt so bountifully by , dread sovereign , your majesties most thankful subject and servant , fran. cradocke . an expedient for taking away all impositions , and raising a revenue without taxes , by erecting bankes for the encouragement of trade . i expect so little credit will be given the title , that , should i be large on the subject , i question whether it would be esteemed worth perusal : and having propounded so great advantage by erecting banks , i conceive it proper first to give you some hints of the nature of them . a banke is a certain number of sufficient men of credit and estates joyned together in a stock , as it were for keeping several mens cash in one treasury , and letting out imaginary money at interest , for . or more in the hundred per annum , to trades-men or others , that agree with them for the same , and making payment thereof by assignation , passing each mans accompt from one to another , yet paying little money : insomuch ; that if a merchant or other person want money , if he hath or can procure credit in banke , he may make as good payment by assignment in banke without it : as for example , the said merchant buyes cloth of a clothier for l . value more or less , and goes with him to the banke , where he is debtor for so much as he takes up , and the clothier is made creditor for so much as he sold his goods for to the said merchant : then such clothier having occasion to pay money to a stapler or wool-monger for wool bought , the said clothier is made debitor , and the wool-monger creditor upon account , the said wool-monger buyes wool from a countrey farmer , for so much money more or less , so the wool-monger is made debtor and the farmer creditor ; the farmer must pay rent to his landlord , and is likewise made debtor and his landlord creditor ; the said landlord for his occasions buyes goods of a mercer , grocer , vintner , or the like , or from all , then he is made debtor , and such mercer or other trades-man creditor ; then peradventure such mercer or other trades-man buyes goods from the same merchant that took up the first credit in banke , and stands yet debtor there , but upon sale of his goods to the mercer or other trades-man , both clears their accounts in banke . and so in all trades , as occasion presents . these bankes in the several parts of europe where erected , being so held by merchants and others , joyned together in a stock , and credited by the monies brought in thereunto ( which money for the most part there remaining , and payments being made upon the credit thereof by assignment in banke as aforesaid ) might as well be done here onely upon the credits of landed men , whereof they have few in holland , and in other parts , lying convenient for trade ; where land is , the owners thereof are seldome found to be merchants : so that england ( if but sensible of it ) hath an advantage of all parts in the world , as lying in the centre of the trade of europe , enjoying safe and commodious harbours , wanting few necessaries , no lands nor persons naturally inclined to trade , if not discouraged by great customes , excise , and the abuses in collecting it , and by the want of stock , or a supply thereof at reasonable interest . to free england of these inconveniencies , and supply it with a stock for trade , as great as shall be requisite , without bringing in more bullion , it may be done three manner of wayes , never yet practised in europe , and the whole profits thereof ( which will be considerable ) be also converted to his majesties revenue for defraying the publique charge of his kingdom , in case his majesty and parliament shall think fit to erect either of these following kind of bankes , for the accommodation of trade , in the most proper places of england ; assigning to each a proportionable division of the countrey adjoyning , where all mens estates in lands , houses or rents , either for lease of years , lives or in fee , may be registred ; as also all morgages , claims or other interests pretended thereunto , with morgages or purchases at any time to be made thereupon . that the said places for bankes being established , estates registred , and a survey taken of such estates , whereby the value may not be entred above its real worth . any persons may be admitted to have credit in banke , for any summe safely to be lent under the value of his estate , without other security or ceremony of conveyances , than the hand and consent of such person as is the proprietor , he paying interest for the same at . per cent . per ann . quarterly into the said office . first then , to effect the end aforesaid , it may be done without money , by a law enjoyning all payments to be made in banke of any summe above l . sterling , for all lands , goods and merchandizes sold whatsoever , which is done voluntary in other parts , where bankes are erected by almost all persons , who find both ease and accommodation thereby , and the bankes here ( like those in forreign parts ) will be and serve as a general or national cashkeeper of all mens moneys and accounts , transferring them from one person and countrey to another with much facility , not onely preventing the danger of robbery , but the trouble of counting , and loss in receiving clipt and bad money , which is the cause that payments made in banke are generally esteemed better than in specie by ten shillings in an hundred pound ; which would have the like esteem in england , were bankes once erected . the second expedient is , without any imposition , leaving all persons free to take or make payment , either in banke , or by money in specie ; which will , i presume , bring in the same advantage to his majesties revenue ; but not properly be erected without two millions of money ; but if once setled would out of the same produce a million per annum profit , and stand alwayes as a constant increasing revenue : for , by computation there is yearly paid in england for interest bortomree , and other kinds of usury , two millions ; for which should all usurers call in their principal , it would amount unto thirty five millions ; when there hath been but twenty two millions coyned in england in and since the reign of king edward the sixt ▪ both in gold and silver , which , i presume , is at least one half exported , whorded up , or melted down ; and allowing the usurous propriety to be the moyetie in all coyn passing from one hand to another , it must necessarily follow , that all the said great revenue is brought into them by five millions and an , half real sterling money ; which is no paradox , considering that all monies , though passing but through the hands of usurers , doth yield to each of them the full yearly interest ; which may by done for one and the same summe of monies ten times in twelve moneths ; moreover by the money brought into banke , ( which under the setled government of so hopeful a prince will be undoubtedly most that shall be imployed in trade ) why may not his majesty make a profit thereof as well as the states of holand , which doth let out the same at interest , as they have done great summes in england , and yet support a much greater bank without land upon their credits onely , it being generally conceived that they have not at any time in ready cash the tenth part of what the banke stands debtor for to private persons , although they abound in money for want of land to purchase . the third is such a bank as may conveniently be erected both of money and credit with a less summe , setting interest at such differing rates , as in time may invite all men to esteem credit as good as money , which is accounted better in forreign parts , as in truth it is , though seemingly otherwise ; which disparity will be at all times reconciled by an exchange or kind of brokerage , like that of plate and black-money , where currant ; which several kinds of bankes having no president , i shall not presume to prefer either as most proper , but submit them all with confidence , that the worst of them will prove of great use and advantage to england , if once erected . that all merchants that have no estates real in lands or leases as aforesaid , may also have credit in banke , upon depositing any goods ( not perishable ) of an equivalent value in his majesties ware-house , in every port or other place where such bank shall be erected ; and that any person having monies in cash or in bank in one place , desiring to have it transferred for his accommodation , and to have it again either in cash or in banke in another , may be accommodated , allowing onely s . for every hundred pounds so exchanged or remitted . that every the aforesaid bankes may furnish another petty banke ( or mount ) of charity with a competent stock , to lend any summe under ten pounds upon pawns at a reasonable interest , for the accommodation of poor people and others desiring the same . and that the persons put in to govern in these banks may have the management of all other publick receipts within their several districts , which will lessen the publick charge : and if such banks are found to be advantageous , others may be also erected in scotland and ireland in like manner , for the accommodation of those there resident , as well as others living in england and trading thither . the advantages which either of these bankes by an ingenious management will bring into his majesties revenue . by the help of these banks his majesty or kingdom shall have credit at any time ( wanting monies ) either in england or in forreign parts , for a million , without engaging private persons for the same . it will adde to the reputation and honour of this kingdom , and render it more it esteem with forreign states and princes , by so much as the trade and wealth of england will thereby increase , and consequently the strength at sea by the many ships which will be more imployed . it will bring into his majesties revenue all the interest money paid in england , and money paid on bottomree to scriveners and others , which at per cent . amounts unto by computation yearly two millions ; and when to be had at per cent . will be one million three hundred and thirty thousand pounds per ann. it will also bring in a profit by the persons that now deal for time , who will then get credit in banke , and pay ready money for their commodities , which by computation are now bought upon credit to the value of five millions yearly , the interest whereof at per cent . will amount unto two hundred thousand pounds per ann. moreover , all merchants that usually keep unvendible goods by them , as a dead stock upon their hands , will take up credit in banke thereupon for continuing their trade , of which goods there is by a like computation at all times remaining as a drug on the hands of merchants the value of four millions , which at per cent . is one hundred and sixty thousand pounds per ann. also when there is a certain conveyance by exchange of money ( or by imaginary money ) from one place to another at so easie a rate as s . for an hundred pounds , no person will then adventure to carry any summe considerable , though but a dayes journy , considering the having it in banke will be esteemed worth so much in the hundred , the profit of which remittances cannot amount unto lesse yearly than thirty thousand pounds . by the petty bankes to be erected , when money will be had at easie rates , and without charge or trouble of bonds and personal security , the numerous ( though small summes ) to be taken up , will , i presume , yeeld profit to bank ten thousand pound per ann. the revenue estimated that this will bring in to his majesties revenue is one million seven hundred and thirty thousand pounds per ann. which will not cost in managing twenty thousand pounds per ann. which is four times as much as is made of customs and excise of goods brought into and exported from england : besides this kingdom will so flourish under a free trade , that it will soon become the mart or emporium of europe for all forreign commerce . and this revenue being supported by trade , and a supporter of trades will by an ingenious management accordingly be improved . the benefit to the subjects . by registering all estates , every mans title will appear in reallity what it is , and many controversies and suits in law be prevented . it will very much advance the price of land , and preserve many families from being ruined by the extortion of usurers , and yet make the usurers gainers also . the nation may be degrees ( as the revenue doth increase ) be eased of all taxes , at least excise may forthwith be taken away from all forreign goods , and custom also where i●s found a burthen on trade , if this revenue ( or profit of these bankes ) doth amount unto but the one sixt part of the summe e●imated ; so that england will flourish under a free trade , ●to he encouragement of merchandizing , the building of shipping , and support of navigation . by the benefits of bankes most ingenious men will be furnished with stock to trade at small interest , and honest and able men be supported in their credits . it will make english merchants capable to engross the commodities of another countrey , and withhold it from others , as the dutch do at present from us by the help of their bankes . it will procure english merchants credit in forreign parts , or in forreign bankes to buy any commodity there without money , as well or better than with money , and upon as good terms at the hollander or any others . by taking away the duties from forreign goods brought into england , we may ( by a prudent management ) get the duties taken off from english manufactures in forreign parts , and by that means under-sell all others , which the hollander will not be able to prevent nor obtain themselves . it will in fine increase trade , trade will increase wealth , wealth and trade will encourage our native manufacture , and all will imploy the poor , and i doubt not but in few years it will make england the staple of commerce , as holland is at present . i have not given so plain a demonstration , nor reasons on the particulars of either of these banks , as the subject indeed more proper for debate , and sufficient for a large volume , requires ; neither have i spoken any thing in defence of the many objections which may seem to arise and eclipse the utility thereof , presuming that no rational person will prejudge therein , till i have had command to answer his objections , which i doubt not but to be satisfactory in , humbly conceiving that what i have in short hinted at , will be understood and amplified by the more ingenuous : i shall therefore conclude it with saying , that were this manner of banking practicable in holland , or that if the hollander were possessed of england , they would by this means soon become masters of all the trade in the world . other necessary heads to be considered for the encrease of trade , and encouragement of navigation . i presume , none will deny but that trade ought to be considered , as well with respect had to publick as private interest ; and therefore , i hope i shall be held excused for my opinion , in holding that forraigners ought to have the like priviledges with natives , both trading in english shipping , which i conceive to be the best expedient to make exports of england , exceed the imports , without which this kingdom cannot be richer then it is , and since every particular will in some measure be concerned within the general good of trade , i shall presume to hint how far , ( and with what restraint ) it ought to be encouraged . first , for exportation of our native commodities , such as lead , tin , wax , &c. of little or no workmanship ; england cannot be too liberal in , nor grant too many immunities and priviledges , ( though to her very enemies ) that may encourage the sending out of all manufactures perfectly wrought up and fabricated : regard being had to wools , timber and leather , which in no respects ought to be exported . secondly , for importing of forraign goods , such as linnen , sugars , raw-silk , &c. which we stand in need of . it ought not neither to be discouraged by impositions , though otherwise it be proper , to lay convenient duties on such commodities imported , as obstruct the sale of our own manufactures ; whereby to hold a ballance in trade without prohibiting forraign goods , which if we once do , other nations will do the like by us ; and so obstruct our trade in general . thirdly , for transportation of such forraign commodities , as are first imported , ( if done in english shipping ) it will prove a great help to the over-ballance of trade , and therefore ought to have the like due encouragement with a reasonable respect shewn to forraign vessels , though not equal to our own . in all which three respects , england might have advantage of all the world , and by industry ( under good lawes ) soon become the mart of europe , by reason of its scituation surrounded by the sea ; the safeness of her harbours and superfluities of sundry commodities which other nations stand in need of , which would be the sooner effected , were these ten particulars observed , there being many others also worthy , which i omit at present . . by imposing all duties to be paid alike , upon all goods , by all persons , the difference to be only upon commodities imported or exported in forraign bottoms , ( viz. ) ships not built in england , and failed by english marriners . . by permitting all people of forraign nations to live , purchase and trade freely amongst us , whereby most of them will soon become profitable natives , and bestow their wealth brought hither or here gotten , in lands for their posterity ; which the present lawes of england compels them to export , to the great inriching of forraign parts , and impoverishing of this nation . . by using all waies of encouragement to advance the fishing imployment , and his majesties assuming his prerogative of being lord of the brittish ocean , which by the most ancient prescription ever belonged as rightly due to the kings of england ; so that by prohibiting others to fish on our coast , and improving the same to this nation , it will soon become of more worth to england , then the west indies are to the kingdom of spain . . by encouraging new manufactures and profitable inventions with due rewards and priviledges , which will bring artificers from forraign parts , and in time ( by industry ) make all arts common amongst us ; wherein we come much short of other countries , to the disadvantage of our own . . by erecting a standing committee of trade , whose correspondencie should reach over all trading parts of the world ; the effect whereof will not only inable them the better to contain the improvement of trade here : but also to prevent many inconveniences that have late fallen on england by the undermining actings of forraign nations , who have robbed us both of our money and trade , for want of a timely remedy . . by con●●ituting a court of merchants , where all merchants and merchant-like causes and differences may be summarily decided . . by using meanes to encrease the general stock of england , either in raising the value of money for incouraging it to be imported , ( which i will not much commend ) but rather do incourage the supplying it imaginary upon the credit of lands , to passe in payment by assignment in bank as aforesaid , one of which is absolutely necessary in order to the increase of trade in this kingdom . . by taking way excise from all imported goods , or at least forthwith to produce the same under the management of the customs whereby to take off the superfluous number of offences , ) it being but a small advance to the revenue , and an intollerable bur●hen on trade , in the way it s now managed . . by lightning the duty of customs , especially on goods exported and manufactured here in england , and so regulating the book of rates made for payment thereof ; that in few or no particulars the rates exceed what is paid for the like commodities in holland . . by granting a free transportation of forraign commodities with little or no customs detained for the same , whereby goods here imported may go out without being loaded with impositions , and find a market in forraign parts to the same advantage , which will make england the magazen or store-house of europe . each of these ten particulars deserves to be more amply set forth , but i have been short in this as in the former , submititing it also to the ingenious reader to paraphrase thereon , taking only to set forth how much the putting them in use will decrease the revenue . there being nothing in this whole discourse that reflects on the revenue , but the taking away excise from forraign goods usually amounting to l . per annum , and the granting a free transportation thereof , l . per annum , which is in all l . per annum , which doth cost in managing l . per annum , so the real decrease is but l . yearly , which i am bold to affirm puts the whole nation to as much charge , by the trouble and other inconveniences of keeping a greater number of servants to attend the several offices ; the fetching of tickets , and the interruption of the ( too many ) excise officers in the improper manner it s now collected , which summe so expended would be otherwise imployed in trade ; and his majesty , i presume , might have as much advantage by a reasonable custom out of the returns made thereof , which would be then really paid , for that none will hazard their goods , but all make due entries ; so that the continuing those duties fills the chests in the exchequer , as water doth a vessel , being poured in at the specket whilst it runs out at the bung. postscript . i have late published some few lines , touching regulating the custom and excise , wherein i did set forth that two hundred thousand pounds per annum , hath for many yeares been visibly lost for want of a better method in the collecting thereof : i presume to say , i can give a plain demonstration wherein it s lost , and how it may be remedied . it is also proper for the consideration of his majesties most honourable privy counsel , unto whom i most humbly submit , &c. finis . notes, typically marginal, from the original text notes for div a e- this may be done , so as all fraudulent conveyances may be pretended , and yet no mans estate be discovered more than at present : for if the propriety be found to be in a by the register , it s no matter though b be the true proprietor , for then a can wrong none but b , who hath intrusted him ; or if b be doubtful to trust a , and yet desire to conceal his estate , which he cannot well do without him , b himself may own the estate , and allow a to enter a morgage to ( or near ) the value , and take his defeizance for the same : so that in this case a cannot cheat b if he would , nor either of them any other , though both should combine therein . this survey may be taken by a jury in every parish , and delivered to the sheriff of the county , or at the banke upon oath , and will be done with a small charge to his majesty , and in little time . at first erecting bankes in holland , all local payments were enjoyned to be made in this manner , but the ease and accommodation being found thereby , it became a most voluntary act , as it doth at this day continue , to the great enriching that countrey . the two millions herein mentioned , is intended for the payment of all such as desire their money out of banke , for it s presum'd such there will be , and such a banke as this must have money alwayes ready ; for the being punctual in payment will so creditifie banke , that most will keep their cash therein for their own advantage . in this way the banke will not be prejudiced for want of money , but be supplied with bills , which may be a sovereign stamp be allowed to pass in a city or county instead of money , and be returned within a year , so that by setting a lower interest thereon , will cause it to be equal in esteem with real money . the foundatiof these banks being land , will be esteemed ( as in truth they are ) the most secure in europe , for that every creditor will be sure of land in case the bank should fail of money , and neither his majesty nor officer will be intrusted , but the estate of one man debtor to another . an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon the propositions of both houses of parliament for raising of money, plate, horse, horsemen, and armes for defense of the king, kingdom, and parliament, or have not contributed proportionably according to their estates. : with an explanation of the former ordinance declaring that if any person so assessed shall within or dayes ... pay in the money to the treasurers in guild-hall, they shall give acquittances for the same ... to be repaied upon the publique faith ... : likewise an ordinance of both houses of parliament for the better provision of victuals and other necessaires for the army ... england and wales. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon the propositions of both houses of parliament for raising of money, plate, horse, horsemen, and armes for defense of the king, kingdom, and parliament, or have not contributed proportionably according to their estates. : with an explanation of the former ordinance declaring that if any person so assessed shall within or dayes ... pay in the money to the treasurers in guild-hall, they shall give acquittances for the same ... to be repaied upon the publique faith ... : likewise an ordinance of both houses of parliament for the better provision of victuals and other necessaires for the army ... england and wales. [ ] p. decemb. . printed for i. wright in the old-bailey, [london] : . "die martis novemb., ." item at : identified as wing ( nd ed.) e is actually wing ( nd ed.) e . reproduction of original in the university of illinois (urbana-champaign campus). library. eng taxation -- law and legislation -- great britain. great britain -- politics and government -- - . great britain -- history -- civil war, - . b r (wing e ). civilwar no an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon th england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance and declaration of the lords and commons assembled in parliament . for the assessing of all such as have not contributed upon the propositions of both houses of parliament , for raising of money , plate , horse , horsemen , and armes , for defence of the king , kingdome , and parliament , or have not contributed proportionably according to their estates . with an explanation of the former ordinance , declaring , that if any person so assessed , shall within or dayes ( after notice thereof ) pay in the money to the treasurers in guild-hall , they shall give acquittances for the same , as usuall , to be repaied upon the publique faith . but if they refuse to pay , the collectors shall have power to distreine their goods , imprison their persons , and the families of such dis-affected persons shall no longer remaine within , the city of london . likewise an ordinance of both houses of parliament , for the better provision of victuals , and other necessaries for the army , and for payment and satisfaction to be made for the same . die martis , novemb. . ordered by the lords and commons assembled in parliament that these ordinances bee forthwith printed and published . iohn browne , cler. parl. decemb , . printed for i. wright in the old-bailey . . an ordinance and declaration of the lords and commons in parliament . whereas the king seduced by wicked counsell hath raysed an army , and levyed war against the parliament , and great number of forces are daily raised under the commands of papists and other ill-affected persons , by commissions from his majesty ; and whereas divers delinquents are protected from publike justice by his majesties . army , and sundry outrages and rapines are daily committed by the souldiers of the said army , who have no respect to the lawes of god or the land , but burne and plunder the houses , and seize and destroy the persons and goods of divers his majesties good subjects ; and whereas for the maintenance of the said army divers assessements are made upon severall counties , an● his majesties subjects are compelled by the souldiers to pay the same ; which sa●d army if it should continue , wou●d soone ruine and w●ste the whole kingdome , and overthrow religion , law , and libertie . for suppressing of which said army and ill-affected persons there is no probable way under god , but by the armv raysed by au●hority of the parliament ; which said army so raysed cannot be maintained without great summes of money , yet for raysing such summes by reason of his majesties withdrawing himselfe from the advice of the parliament , there can be no act of parliament passed with his majesties assent , albeit there is great justice that the said monies should be raysed : the lords and commons in parliament , having taken the same into their serious consideration , and knowing that the said army so raysed by them , hath beene hitherto for the most par● maintained by the voluntary contribution of divers well affected persons , who have freely contributed according to their abilities . but considering there are divers others within the cities of london and westminster , and the suburbes of the same , and also within the borough of southwarke , that have not contributed at all towards the maintenance of the said army , or if they have , yet not ●nswerable to their estates , who notwithstanding receive benefit and protection by the same army as well as any others , and therefore its most just that they should as well as others be charged to contribute to the maintenance thereof . be it therefore ordained by the lords and commons in parliament assembled , and by authority thereof ; that isaac pennington lord maior of the city of london , sir john wollaston knight and alderman , alderman towes , alderman warner , alderman andrewes , alderman chambers , alderman fowkes , sir thomas soham knight and alderman , samuel vassell , john venn , morris thompson , and richard vvarrin , citizens , or any foure of them , shall hereby have power and authority to nominate , and appoynt in every ward within the city of london , six such persons as they , or any foure of them , shall thinke fit , which said six , so nominated , or any foure of them , shall hereby have power to enquire of any that shall remaine , or be within the said severall wards that have not contributed upon the propositions of both houses of parliament , concerning the raysing of money , plate , horse , horsemen , and armes , for defence of the king and both houses of parliament , and also of such as are able men , that have contributed , yet not according to their estates & abilities . and the said six persons so nominated or any four of them within their severall and respective wards and limits , shall have power to assesse such person or persons , as are of ability and have not contributed , and also such as have contributed , yet not according to their ability , to pay such sum or sums of money according to their estates , as the said assessors or any foure of them shall think fit and re●sonable , so as the same exceed not the twentieth part of their estates , and to nominate and appoint fit persons for the collection thereof . and if any person so assessed shall refuse to pay the money assessed upon him , it shall be lawfull to and for the said assessors and collectors , or any of them to leavy the said sum so assessed by way of distresse and sale of the goods of the person so assessed , and refusing ; and if any person so distrained shall make resistance , it shall be lawfull to and for the respective assessors and collectors or any of them , to call to their assistance any the trained bands of the said city of london or any other his majesties subjects , who are hereby required to be ayding & assisting to the said assessors and collectors in the premises ; and it is hereby further ordained , that the respective burgesses of westminster and southwark , together with the severall committees appointed for the subscriptions of money , plate , horse , horse-men and armes within the said city and borough shall respectively have power hereby to nominate sessors for the same city and borough , in such manner as the lord major , &c. hath for the city of london , and the said assessors or any foure of them to name collectors as aforesaid ; which said assessors and collectors shall have the same power respectively within their respective limits , as those to be nominated within the said city of london have hereby limit●ed to them . and for the suburbs of london and westminster , the respective knights of the shires where the said suburbs are shall have hereby the like power to name assessors , and they so named , or any foure of them , and the collectors by them to be nominated , or any of them within their respective limits , shall have the like power respectively as the assessors and collectors for london have by vertue of this ordinance . and be it ordained that the sums so assessed and levied as aforesaid shall be paid in at guild-hall london , to the hands of sir iohn wollastone , knight , iohn vvarner , iohn towes , and thomas andrews aldermen , or any two of them ; and the assessors and collectors to be nominated by vertue hereof shall weekely report to the committe of the house , of commons , for the propositions aforesaid , what sums of money have bin assessed , and what sums have bin levied weekely according to the purport hereof , and the said monies so levied and paid in shall be issued forth in such sort as the other monies raised upon the propositions aforesaid , and not otherwise . die martis , . novemb. . vvhereas a late ordinance is passed by both houses of parliament , for the reasons therein declared , for the assessing of all such persons within the cities of london and westminster , and the suburbes thereof , with the burrough of southwark , as have not contributed upon the propositions of both houses of parliament , for raysing of money , plate , horse , horsemen , and armes , for defence of the king , parliament , and kingdome , or have not contributed proportionably to their estates and abilities . and whereas it is thought fit that some additions be made for further explanation and better execution of the said ordinance : be it further ordained and declared by the lords and commons assembled parliament , that such persons as shall be assessed by the respective assessors in the said ordinance appoynted , and shall within six dayes next after notice given to them , or left at their severall houses within the said cities , suburbes , or burrough , pay in the one moity of the said sums of money so assessed , and within twelve dayes after the said notice given as aforesaid , the other moity thereof , unto the treasurers of money and plate in guild-hall london , or unto the collectors appoynted by the said ordinance , respectively to receive the same , that then the said treasurers , or collectors , shall give acquittances for the same , as hath beene done to such who have lent monies or plate , upon the propositions of both houses as aforsaid . and the said monies so payd to the said treasurers , or to the said severall collectors , shall be repayd upon the publike fath , as al other monies lent upon the said propositions of both houses . and as for those who shall so far discover their disaffection , as not to bring in the severall sums of money so assessed upon them to the persons before appoynted , within the times limited , that then their goods shall be distrained and sold according to the said ordinance . and if no sufficient distresse be found , that then the said collectors shall respectively have power to enquire of any summe or summes of money due , or to be due unto them respectively so assessed form any person or persons for any rents , tithes , goods , or debts , or for any other things or cause whatsoever . and the said respective collectors shall have power by vertue of this ordinance , to receive all or any part of the said summes due , or to be due unto them or any of them so assessed , untill the full value of the summe or summes so assessed , and the charges in levying and recovering of the same shall be received and satisfied . and the said respective collectors shall have further power to compound for any of the said rents , tithes , goods , or debts , due unto the said person so assessed respectively as aforesaid , with any person or persons by whom the said rents , tithes , goods , or debts , are , or shall be owing , as also to give full and ample discharge for the money by them so received , upon composition or otherwise , which discharges shall be good and effectuall to all intents and purposes . and if the summe or summes of money so assessed cannot be levyed by any of these meanes or wayes , then the persons so respectively assessed , shall be imprisoned in such places of this kingdome , and for so long time as the committee of the house of commons for examinations , shall appoynt and order : and the families of all such persons so imprisoned , shall no longer remaine within the cities of london , and westminster , the suburbes and the counties adjacent . and be it further ordained , that all and every the assessors and collectors of the said severall summes , shall have the protection of both houses of parliament , for their indemnity in this service , and receive such reasonable allowances for their paines taken and charges disbursed , or to be disbursed therein , as the committee of lords and commons for advance of money and other necessaries for the army , raysed by the parliament , shall apportion and appoynt . an ordinance of both houses of parliament , for the better provision of victuals , and other necessaries for the army , and for payment and satisfaction to bee made for such provisions . die martis , novemb. . it is ordered by the lords and commons in parliament , that committees shall be named in all counties , to take care for provisions of victuals for the army raysed by the parliament , as likewise for the taking up of horses for service in the field , dragooners , and draught-horses , as likewise for borrowing of money or plate to supply the army . which committees , or any two or more of them , shall have power and authoritie , to value all kind of provisions both for men and horse , all kind of horse for service , or otherwise , which shall be voluntarily offered to be lent upon the publike faith , or likewise to receive any money or plate to be lent as before ; and that upon certificate of any two of such committees , the same provisions of horses , money , and plate , and the value thereof shall be entred by the treasurer of the propositions , and shall be repayed to the party from whom the same was received , with like consideration as other money lent . and in case the owners of such provisions , money , plate , and horses , shall refuse or neglect to bring in the same upon publike faith , for the use of the army , for the better preventing the spoyle and embezeling of such provisions of money , plate , and horses , by the disorder of the souldiers , and that they may not come into the hands of the enemies : it is further ordered , that the committees afore-mentioned , or any two of them , be hereby authorized and enabled to send for such provisions , money , plate , and horses , and take the same into their custodie and to set an indifferent value and rate upon them : which value they shall certifie to the treasurers for the propositions , to be repayd at such time , and in such manner , as shall be ordered by both houses of parliament . it is likewise ordered , that the said committees of the severall and respective counties shall meet and consult with the committees of the adjacent and neighbour counties , unto the place or places where the said army or any part thereof shall passe and remaine , concerning the receiving , procuring , valuing , and disposing of such provisions , horses , money , and plate . and if they cannot conveniently meet , that then it shall be lawfull for any two , or more of the committee , to execute the severall services above mentioned in the adjoyning counties , as well as in the countie wherein hee is named a committee ; and that such certificates as they shall make of any provisions , horses , money , or plate , shall be as effectuall for the securities of the parties , as if the same were received and taken within the countie for which hee or they are named committees . and the said committees , or any two , or more of them , shall cause the said provisions to be delivered to the commissarie for the victuals , or to his deputie , and such other officers of the army , who may be charged with the same upon their accompt , and shall certifie the treasurer of the army , or his deputie that so defalcation of the value thereof may be made out of the pay of such officers and souldiers as shall receive the same . and the said committee shall likewise cause all such money and plate to be delivered unto the treasurer of the armie , or his deputie , who shall take care , to convey the plate unto the treasurer for the propositions , and shall be charged with all such money upon his accompt as with other money received from them . finis . by the king, a proclamation concerning the act for the revenue on fire-hearths and stoves england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation concerning the act for the revenue on fire-hearths and stoves england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill and christopher barker ..., london : . "given at our court at hampton-court, this th day of june , in the fourteenth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hearth-money -- england. taxation -- england. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit by the king. a proclamation concerning the act for the revenue on fire-hearths and stoves . charles r. whereas by a late act of parliament begun the eighth of may , one thousand six hundred sxty and one , entituled , an act for establishing an additional revenue upon his majesty , his heirs and successors , for the better support of his and their crown and dignity , there is given to us , our heirs and successors two shillings upon ebery fire-hearth or stove ; and whereas in the said act there is a provision that an account be made of all the said fire-hearths and stoves , by every owner and occupier of such hearth and stove within six days after notice given to them by the respective constables , headborows and other officers , who were to receive the said account from the occupiers of every house , edifire , lodging and chamber before the last of may , one thousand six hundred sixty and two , and to deliver the said account at the next quarter sessions after the said last day of may , which cannot now be observed by reasson the time appointed was elapsed before the publication of the said act , or that notice could come to the said constables . now to the end that there may be no failer in the prosecution , and that this important business which is for the supply of those publick charges wherein the safety and peace of this kingdom is concerned , may not be deferred or delayed ; we have thought fit by this our proclamation to require and command all iustices of the peace , within their several limits , that they forthwith require all constables , headborows , tythingmen &c. whom it may concern , and whom this act directs thereunto , that they put the said act in execution so timely , as that certificate may be made to the next quarter sessions after midsomer next . and we likewise require all sheriffs , iustices of peace or any other person or persons , who by vertue of this act is required to do or perform any other thing or thing required in this act , to pursue and fallow the directions of this act , in order to the execution of the same ; and all our officers and ministers in what place or authority soeber are to be aiding and assisting to all such persons , as are imployed therein , and therof we expect they give us a due account . given at our court at hampton-court , this th . day of june , . in the fourteenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty . . die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. sheet ([ ] p.) printed by edward husband and iohn field, printers to the parliament of england, london : . order to print signed: hen: scobell, cleric. parliamenti. reproductions of the originals in the british library and the harvard university library. eng taxation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , julii , . resolves of parliament , concerning such delinquents as have not paid in their fines according to compositions . resolved by the parliament , that all such delinquents whose compositions having been set , have not paid in all or any part thereof at the times limited and appointed , and for non-payment have incurred the penalties formerly imposed , and shall pay in their whole fines , or such part thereof as yet remains unpaid , with interest for the same since the time the same should have been paid ; viz. all such whose habitations are within eighty miles of london , before the fourteenth day of august , and all others at a greater distance , before the first day of september next , shall be discharged from the said penalties ; but in default of payment thereof , the whole estate of every such delinquent shall be , and is hereby declared to be confiscated to the use of the commonwealth : and the commissioners for compounding with delinquents , are enjoyned to take care that this order be put in effectual execution ; and that they return the names to the committee of the army , of all such as shall not have paid in their whole fine by the days aforesaid , in order to the speedy sale of their estates , for the use of the commonwealth . ordered by the parliament , that this vote be forthwith printed and published : hen : scobell , cleric . parliamenti . london , printed by edward husband and iohn field , printers to the parliament of england , . whereas the farmers of his majesties revenue (being the persons and officers duely authorised by themselves ... &c.) have complained to us ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas the farmers of his majesties revenue (being the persons and officers duely authorised by themselves ... &c.) have complained to us ... by the lord lieutenant and council, essex. ireland. lord lieutenant ( - : essex) essex, arthur capel, earl of, - . [ ] leaves. printed by benjamin tooke ... and are to be sold by joseph wilde ..., dublin : [i.e. ] title from first lines of text. statement of responsibility transposed from head of title. imprint from colophon. "given at the council chamber in dublin the fifth day of february --leaf [ ]. broadside in [ ] leaves. reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit by the lord lieutenant and council . essex . whereas the farmers of his majesties revenue ( being the persons and officers duely authorised by themselves , substitutes , agents , or servants , for the receiving , collecting and answering the duty ariseing by hearths , fireing places and stoves , &c. ) have complained to vs , that they are deprived of a considerable part of the said duties by certificates unduely granted by the iustices of the peace , unto severall persons , who by the acts for setling the said duty on his majestie , are uncapeavle thereof ; and whereas in the first act for setling the said revenue , there is a proviso contai●●d , that in case any two justices of the peace , shall in writing under their hands , yearly certifie their beliefe , that the house wherein any person doth inhabit with such county wherein they are justices of peace , is not of greater value than eight shillings per annum : upon the full improved rent , and that neither the person so inhabiting , nor any other useing the same messuage , hath , useth or occupieth any lands or tenements of their own , or others , of the yearly value of eight shillings per annum : nor hath any lands , tenements , goods , or chattell , of the value of four poundes in their own possession , or in the possession of any other in trust for them , then in such case upon such certificate made to the justices of the peace of such county , at any of their quarter sessions to be held for the same county , and allowed by th●m , for which certificate and allowance no fees shall be paid , the person on whose behalfe such certificate , made , shall not be returned by the constables or other persons to be assistant to them as aforesaid , and the said house is thereby for that year discharged of and from all dutyes , by this act imposed , any thing therein contained to the contrary notwithstanding : which said last provisoe by the additionall art for the better ordering and collecting the revenue ariseing by hearth-money is declared shall be construed , to extend onely to such widdowes as shall produce such certificates as are therein mentioned , and as to all other persons whatsoever , the said clause is thereby absolutely repealed . and wee being informed that certificates have been lately granted by severall iustices of the peace for freeing persons from payment of the said duty which have not been either allowed at the quarter sessions , or warranted by the said acts. yet under colour thereof many persons have pretended to bee freed from payment of the said duty , who by law are lyable thereunto , and if such certificates , so unwarrantably granted have not been allowed by the said farmers officers , they have been indicted , and prosecuted thereupon , and thereby put to great costs , and charges , and hindred from levying what is iustly due to his majesty by the said acts. and forasmuch as it is enatted by the said additionall act , that it shall and may bee lawfull for the lord lieutenant ; lord , deputy , or other chiefe governor , and council &c. to appoint such persons as they shall thinke fit , to doe , execute and perform all , and every the matters , and things which by the said former act , or this present act , are to be done , executed or performed by any iustice of the peace or clerkes of the peace of this kingdome and from and after such appointment all other persons not thereby appointed shall be and are hereby discharged from doeing , executing and performing any matter or thing relateing unto the premises any thing in the said former act or the said last act to the contrary notwithstanding ▪ and whereas wee have thought fit hereby to nominate and appoint the severall persons in and for the severall counties herein after mentioned being all iustices of the peace that is to say in and for the county of catherlagh sir john develleir knight , henry barkeley , marmaduke taylor , and richard andrewes esqs : for the county of dublin , sir robert reading baronet , sir walter plunket , sir thomas worsopp knights , and richard forster esq : for the county of kildare , robert fitz gerald , henry brenn thomas carr , francis leigh , and maurice keating , esqs : for the county of kilkenny , richard coote , joseph cuffe , george deyos , and bartholomew fowke , esqs : for the kings county , lawrence parsons , john foorth , john baldwin , john wakeley and samuel rowle , esqs : for the county of longford , sir john edgeworth knight , william kennedy , thomas robinson , and nicholas dowdall , esqs : for the county of lowth , sir james graham , sir william tichburne , and sir thomas fortescue , knights , and nehemiah donnelan , esq : for the county of meath , docter robert gorges , james stopford , arthur dillon , thomas loftus , gerrald wesley , and george peppard esqs : , for the queens county walter warneford , thomas piggott of disert john weaver , william weldon , and peryam poell esqs : for the county of west-meath ▪ sir henry peirce , baronet , william hancock , george peyton , james leigh , and robert cooke esqs : for the county of wexford . sir richard clifton , and sir nicholas loftus , knights : christian b●rr , francis harvey , and richard kenny , esqs : for the county of wick●ow , henry temple , roger west , robert hassells , and phillip pakenham , esqs : for the county of clare , benjamin lucas , donnagh o bryan , samuell burton , and henry leigh esqs : for the county of cork , sir richard aldworth , john st. leger , redmond barry , richard hull , anthony stoell , bartholomew purdon , john widnam , richard travers , richard townesend , j●on grove , richard beer , and brian wade , esqs : for the county of kerry , sir francis bruster knight , thomas browne , richard chute , thomas crosby and , anthony raymond esqs : for the county of limerick , sir william king , and sir george ingoldsby knights : richard southwell , drurey wrey , richard maguire , samuell foxon , and robert oliver , esqs : for the county of tipperary , sir robert cole , gamaliel warter , so●omon camby , charles blunt , francis legg , simon finch , and nicholas southcoat esqs : for the county of waterford , beverly usher , henry nichols , andrew lynn and james muttlow , esqs : for the county of gallway , thomas caulfield , esq : sir henry waddington , knight , sir george st. george , charles holcroft , john eyre , thomas cuffe edward eyre , and john parker esqs : for the county of leytrym , james king , henry crofton , and bryan cuningham , esqs : for the county of mayo , sir george bingham and sir arthur gore baronets , owen vaughan , robert miller and francis brent , esqs : for the county of roscommon , sir edward ormsby knight , arthur st. george , robert kng , robert sands , and edmond donnellan , esqs : for the county of sligoe , sir francis gore , thomas griffith , edward cooper , charles collis , and phillip ormsby , esqs : for the county of antrym , sir john rowly , knight , sir hercules longford , robert colvill michael harrison , and hercules davis , esqs : for the county of ardmagh sir toby poyntz , sir george atkinson , edward richardson , and arthur bromlow , esqs : for the county of cavan , thomas white , humphrey parret , merrick hart , and thomas newburg , esqs : for the county of donnegall , sir albert cuningham , francis cary , henry vaughan , and william dutton esqs : for the county of downe , vere essex cromwell , william warren , vvilliam brett thomas smith , and john farrar , esqs : for the county of fermannagh , sir michas cole knight , henry blenerhasset , cromwell vvarde , and lancellot lowther , esqs : for the county of londonderrey , sir john rowly knight col ; vvilliam cecill , john vvillson , john gaich senior and raphell vvhistler esqs : for the county of monahan , the lord blany , vvilliam barton , nicholas owens , and cromwel vvarde , esqs : for the county of tyrone , john chichester , and henry mervin , esqs : and robert ecklin , clerk , to be the persons for granting of certificats to poore widows , according to the true purport and intent of the said last mentioned art , which wee do hereby authorize them or any two or more of them , and noe other person or persons whatsoever within the said respective counties to give accordingly & further for the county of the city of dublin , we appoint the mayor & recorder of the said city for the time being , sir jossua allen , & alderman enoch reader , or any two of them , for the county of the city of kilkenny the mayor and recorder thereof for the time being for the county of the towne of drohgeda the mayor or recorder of the towne of drogheda for the time being , for the county of the city of cork , the mayor or recorder of the said city for the time being , for the county of the city of lymerick , the mayor or recorder of the said city for the time being , for the county of the city of vvaterford , the mayor or recorder of the said city for the time being , for the county of the towne of galway , the mayor or recorder of the said towne for the time being , for the county of the towne of carrigfergus the mayor or recorder of the said towne for the time being . and we require all the aforesaid persons to be very circumspect and carefull in the granting of these certificats ; which are to be made publiquely at the quarter sessions unto none but such as are fitly qualified , and not unto women who are not widdowes , nor to one and the same widdow for severall houses , nor to widdowes for the houses of their sonns , or their brothers or relations , though the same were heretofore don , and we doe hereby further declare that wiliam hill , esq : sir james shaen knight , and barronet , william rider , william muschamp , edward richbell , lawrence stanyan , john gourney and thomas sheridan esquirs : and such other person and persons as wee upon the humble suite of them or any seven or more of them shall from time to time nominate & appoint are and shall be the onely commissoners , officers , & persons whom wee have , and shall thinke fit to authorize and appoint , to doe , execute & perform , all and every the matters and things , other then granting of such certificates , which by the said former act or the present art , are to be done executed , & performed , by any iustices of the peace or clerkes of the peace of this . kingdome and wee doe hereby further declare that all and every the powers in and by the said acts , or either of them given to any iustices of the peace or clerkes of the peace , other than such as are herein appointed to the purposes aforesaid shall be , and are hereby vacated . and wee doe hereby strictly charge , and command all and every iustice and iustices of the peace , mayors , sheriffs , bailiffs , constables , head-burroughs , clerkes of the peace and all other our officeres whatsoever within every county , burrough , towni , or corporation , barrony , parish or place , and all other his majesties officers and ministers and other subjects whatsoever that they and every of them shall from time to time be aydeing and assisting to the said farmers and to their colectors , surveyors , & other officers wich are , or shall be appointed by them , or any three , or more of them as aforesaid , upon paine of our displeasure and such paines and imprisonments , as by the lawes and statutes , of this realme can , or may be inflicted upon them for their negligence or contempt in that behalfe , as they will answere the contrary at their utmost perrill . given at the council chamber in dublin the fifth day of february . ja : armachanus . mich : dublin canc. thomond : blesinton : lanesborough . r : coote . rob : fitz : gerald. ca : dillon . cha : meredith . ric : gethin . j : povey . jo : bysse . h : ingoldesby . vvm : flower . ja : cuff. tho : newcomen . abrah : yarner . will : hill. 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 . . the ordinance and declaration of the lords and commons, for the assessing all such who have not contributed sufficiently for raising of money, plate, &c. with his maiesties declaration to all his loving subjects upon occasion thereof. england and wales. parliament. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e e). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the ordinance and declaration of the lords and commons, for the assessing all such who have not contributed sufficiently for raising of money, plate, &c. with his maiesties declaration to all his loving subjects upon occasion thereof. england and wales. parliament. england and wales. sovereign ( - : charles i) p. printed by robert barker, printer to the kings most excellent majestie, and by the assignes of john bill, shrewsbury : . interleaved with blank pages. "charles r. our expresse pleasure is, that this our declaration be published in all churches and chappels within our kingdom of england and dominion of wales, but the parsons, vicars, or curates of the same." reproduction of the original in the british library. eng taxation -- law and legislation -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . b r (wing e e). civilwar no the ordinance and declaration of the lords and commons, for the assessing all such who have not contributed sufficiently for raising of mone england and wales b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the ordinance and declaration of the lords and commons , for the assessing all such who have not contributed sufficiently for raising of money , plate , &c. with his maiesties declaration to all his loving subjects upon occasion thereof . charles r. our expresse pleasure is , that this our declaration be published in all churches and chappels within our kingdom of england and dominion of wales , by the parsons , vicars or curates of the same . shrewsbury , printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . an ordinance and declaration of the lords and commons in parliament . whereas the king , seduced by wicked counsell , hath raised an army , and levied war against the parliament , and great number of forces are daily raised under the commands of papists and other ill affected persons , by commissions from his majestie ; and whereas divers delinquents are protected from publike justice by his majesties army , and sundry outrages and rapines are daily committed by the souldiers of the said army , who have no respect to the laws of god or the land , but burn and plunder the houses , & seize and destroy the persons and goods of dive●s his majesties good subjects ; and whereas for the maintenance of the said army divers assessements are made upon severall counties , and his majesties subjects are compelled by the souldiers to pay the same ; which said army if it should continue , would soon ruine and waste the whole kingdom , and overthrow religion , law , and liberty , for suppressing of which said army and ill-affected persons , there is no probable way under god , but by the army raised by authority of the parliament ; which said army so raised , cannot be maintained without great summes of money , yet for raising such summes , by reason of his majesties withdrawing himself from the advice of the parliament , there can be no act of parliament passed with his majesties assent , albeit there is great justice that the said moneys should be raised . the lords and commons in parliament , having taken the same into their serious consideration , and knowing that the said army so raised by them , hath been hitherto for the most part maintained by the voluntary contribution of divers well-affected persons , who have freely contributed according to their abilities . but considering there are divers others within the cities of london and westminster , and the suburbs of the same , and also within the borough of southwark , that have not contributed at all towards the maintenance of the said army , or if they have , yet not answerable to their estates , who notwithstanding receive benefit and protection by the same army , as well as any others , and therefore it 's most just , that they should as well as others be charged to contribute to the maintenance thereof . be it therefore ordained by the lords and commons in parliament assembled , & by authority thereof , that isaac pennington lord major of the city of london , sir iohn wollaston knight and aderman , alderman towes , alderman warner , alderman andrewes , alderman chambers , alderman fowkes , sir thomas seham knight and alderman , samuel vassell , iohn ven , morries thompson , & richard warrin , citizens , or any four of them , shall hereby have power and authority to nominate , and appoint in every ward within the city of london , six such persons as they , or any four of them , shall think fit , which said six so nominated , or any four of them , shall hereby have power to enquire of any that shall remain , or be within the said severall wards that have not contributed upon the propositions of both houses of parliament , concerning the raising of money , plate , horse , horsemen , and arms , for defence of the king and both houses of parliament , & also of such as are able men , that have contributed , yet not according to their estates and abilities . and the said six persons so nominated , or any four of them within their severall and respective wards and limits , shall have power to assesse such person or persons as are of ability and have not contributed , and also such as have contributed , yet not according to their ability , to pay such sum or sums of money according to their estates , as the said assessors or any four of them shal think fit and reasonable , so as the same exceed not the twentieth part of their estates , and to nominate and appoint fit persons for the collection thereof . and if any person so assessed shall refuse to pay the money assessed upon him , it shall be lawfull to and for the said assessors and collectors or any of them , to levy the said summe so assessed by way of distresse and sale of the goods of the person so assessed , and refusing : and if any person so distrained shall make resistance , it shall be lawfull to and for the respective assessors and collectors or any of them , to call to their assistance any the trained bands of the said city of london , or any other his majesties subjects , who are hereby required to be ayding and assisting to the said assessors and collectors in the premisses . and it is hereby further ordained , that the respective burgesses of westminster and southwark ; together with the severall committees appointed for the subscriptions of money , plate , horse , horsemen and arms within the said city and borough , shall respectively have power hereby to nominate sessors for the same city and borough , in such manner as the lord major , &c. hath for the city of london , and the said assessors , or any four of them , to name collectors as aforesaid ; which said assessors and collectors shall have the same power respectively within their respective limits , as those to be nominated within the said city of london have hereby limited to them . and for the suburbs of london and westminster , the respective knights of the shires where the said suburbs are shall have hereby the like power to name assessors , and they so named , or any four of them , and the collectors by them to be nominated , or any of them within their respective limits , shall have the like power respectively as the assessors and collectors for london have by vertue of this ordinance . and be it ordained that the summes so assessed and levied as aforesaid shall be paid in at guild hall london , to the hands of sir iohn wollastone , knight , iohn warner , iohn towes , and thomas andrewes aldermen , or any two of them : and the assessors and collectors to be nominated by vertue hereof shall weekly report to the committee of the house of commons , for the propositions aforesaid , what summes of money have been assessed , and what summes have been levied weekly according to the purport hereof , and the said moneys so levied and paid in shalt be issued forth in such sort as the other moneys raised upon the propositions aforesaid , and not otherwise . die martis , . novemb. . whereas a late ordinance is passed by both houses of parliament , for the reasons therein declared , for the assessing of all such persons within the cities of london and westminster and the suburbs thereof , with the borough of southwark , as have not contributed upon the propositions of both houses of parliament for raising of money , plate , horse , horsemen , and arms , for defence of the king ; parliament and kingdom , or have not contributed proportionably to their estates and abilities . and whereas it is thought fit , that some additions be made for further explanation and better execution of the said ordinance . be it further ordained and declared by the lords and commons assembled in parliament , that such persons as shall be assessed by the respective assessors in the said ordinance appointed , and shall within six dayes next after notice given them , or left at their severall houses within the said cities , suburbs , or borough , pay in the one moity of the said sums of money so assessed , and within twelve dayes after the said notice given as aforesaid , the other moity there of , unto the treasurers of money and plate guild hall london , or unto the collectors appointed by the said ordinance , respectively to receive the same , that then the said treasurers , or collectors , shall give acquittances for the same , as hath been done to such who have lent moneys or plate , upon the propositions of both houses as aforesaid . and the said moneys so paid to the said treasurers , or to the said severall collectors , shall be repaid upon the publike faith , as all other moneys lent upon the said propositions of both houses . and as for those who shall so farre discover their disaffection , as not to bring in the severall sums of money so assessed upon them to the persons before appointed , within the times limited , that then their goods shall be distrained and sold according to the said ordinance . and if no sufficient distresse be found , that then the said collectors shall respectively have power to enquire of any sum or sums of money due , or to be due unto them respectively so assessed from any person or persons for any rents , tithes , goods , or debts , or for any other thing or cause whatsoever . and the said respective collectors shall have power by vertue of this ordinance , to receive all , or any part of the said sums due , or to be due unto them or any of them so assessed , untill the full value of the sum or sums so assessed , and the charges in levying and recovering of the same shall be received and satisfied . and the said respective collectors shall have further power to compound for any of the said rents , tithes , goods , or debts due unto the said person so assessed respectively as aforesaid , with any person or persons by whom the said rents , tithes , goods , or debts , are , or shall be owing , as also to give full and ample discharge for the money by them so received , upon composition or otherwise , which discharges shall be good and effectuall to all intents and purposes . and if the summe or summes of money so assessed cannot be levied by any of these meanes or wayes , then the persons so respectively assessed , shall be imprisoned in such places of this kingdom , and for so long time as the committee of the house of commons for examinations , shall appoint and order : and the families of all such persons so imprisoned , shall no longer remain within the cities of london and westminster the suburbs & the counties adjacent . and be it further ordained , that all and every the assessors and collectors of the said severall summes , shall have the protection of both houses of parliament for their indemnity indemnity in this service , and receive such reasonable allowances for their pains taken , and charges disbursed ; or to be disbursed therein , as the committee of lords and commons for advance of money and other necessaries for the army raised by the parliament , shall apportion and appoint . an ordinance of both houses of parliament , for the better provision of victuals , and other necessaries for the army , and for payment and satisfaction to be made for such provisions . die martis , . novemb. . it is ordered by the lords and commons in parliament , that committees shall be named in all counties , to take care for provisions of victuals for the army raised by the parliament , as likewise for the taking up of horses for service in the field , dragoneers , and draught-horses ; as likewise for borrowing of money or plate to supply the army . which committees , or any two or more of them , shall have power and authority to value all kinde of provisions both for men and horse , all kinde of horse for service or otherwise , which shall be voluntarily offered to be lent upon the publike faith , or likewise to receive any money or plate to be lent as before ; and that upon certificate of any two of such committees , the same provisions of horses , money , and plate , and the value thereof shall be entred by the treasurer of the propositions , and shall be repayed to the party from whom the same was received , with like consideration as other money lent . and in case the owners of such provisions , money , plate , and horses , shall refuse or neglect to bring in the same upon publike faith , for the use of the army , for the better preventing the spoyle and embezeling of such provisions of money , plate , and horses , by the disorder of the souldiers , and that they may not come into the hands of the enemies , it is further ordered , that the committees afore mentioned , or any two of them , be hereby authorized and enabled to send for such provisions , money , plate , and horses , and take the same into their custody , and to set an indifferent value and rate upon them ; which value they shall certifie to the treasurers for the propositions , to be repaid at such time , and in such manner , as shall be ordered by both houses of parliament . it is likewise ordered , that the said committees of the severall and respective counties shall meet and consult with the committees of the adjacent and neighbour counties , unto the place or places where the said army , or any part thereof , shall passe and remain , concerning the receiving , procuring , valuing , and disposing of such provisions , horses , money , and plate . and if they cannot conveniently meet , that then it shall be lawfull for any two , or more of the committee , to execute the severall services above mentioned in the adjoyning counties , as well as in the county wherein he is named a committee ; and that such certificates as they shall make of any provisions , horses , money , or plate , shall be as effectuall for the securities of the parties , as if the same were received and taken within the county for which he or they are named committees . and the said committees , or any two , or more of them , shall cause the said provisions to be delivered to the commissary for the victuals , or to his deputy , and such other officers of the army , who may be charged with the same upon their accompt , and shall certifie the treasurer of the army , or his deputy , that so defalcation of the value thereof may be made out of the pay of such officers and souldiers as shall receive the same . and the said committee shall likewise cause all such money and plate to be delivered unto the treasurer of the army , or his deputy , who shall take care to convey the plate unto the treasurer for the propositions , and shall be charged with all such money upon his accompt , as with other money received from them . his maiesties declaration to all his loving subjects , upon occasion of the aforesaid ordinance and declaration . it would not be beleeved ( at least great pains have been taken that it might not ) that the pretended ordinance of the militia ( the first attempt that ever was to make a law by ordinance without our consent ) or the keeping vs out of hull , and taking our arms and munition from vs , could any way concern the interest , property , or liberty of the subject , and it was confessed by that desperate declaration it self of the , of may , that if they were found guilty of that charge of destroying the title and interest of our subjects to their lands and goods , it were indeed a very great crime . but it was a strange fatall lethargy which had seized our good people , and kept them from discerning , that the nobility , gentry , commonalty of england , were not onely stripped of their preeminences and priviledges , but of their liberties and estates , when our just rights were denyed vs ; and that no subject could from thenceforth expect to dwell at home , when we were driven from our houses and our towns . it was not possible , that a commission could be granted to the earle of essex , to raise an army against vs , and for the safety of our person , and preservation of the peace of the kingdom , to pursue , kill & stay vs and all who wish well to vs , but that in a short time inferior commanders , by the same authority , would require our good subjects for the maintenance of the property of the subject , to supply them with such summes of money as they think fit , upon the penalty of being plundred withall extremity of war ( as the stile of sir edward baytons warrant runs against our poore subjects in wiltshire ) and by such rules of unlimited arbitrary power , as are inconsistent with the least pretence or shadow of that property it would seem to defend . if there could be yet any understanding so unskilfull and supine to beleeve , that these disturbers of the publike peace do intend any thing but a generall confusion , they have brought them a sad argument to their own doores to convince them ; after this ordinance and declaration , 't is not in any sober mans power to beleeve himself worth any thing , or that there is such a thing as law , liberty , property left in england , under the iurisdiction of these men , and the same power that robbs them now of the twentieth part of their estates , hath by that but made a claime and entitled it self to the other ninteen , when it shall be thought fit to hasten the generall ruine . sure , if the minds of all men be not stubbornly prepared for servitude , they will looke on this ordinance as the greatest prodigie of arbitrary power and tyranny that any age hath brought forth in any kingdom ; other grievances ( and the greatest ) have been conceived intolerable , rather by the logique and consequence , then by the pressure it self , this at once sweeps away all that the wisdom and iustice of parliaments have provided for them . is their property in their estates ( so carefully looked to by their ancestors , and so amply established by vs against any possibility of invasion from the crown ) which makes the meanest subject as much a lord of his own as the greatest peer , to be valued or considered ? here is a twentieth part of every mans estate ( or so much more as four men will please to call the twentieth part ) taken away at once , and yet a power left to take a twentieth still of that which remains , and this to be levied by such circumstances of severity , as no act of parliament ever consented to . is their liberty which distinguishes subjects from slaves , and in which this free-born nation hath the advantage of all christendom , dear to them ? they shall not onely be imprisoned in such places of this kingdom , ( a latitude of iudgement no court can challenge to it self in any cases ) but for so long time as the committee of the house of commons for examination shall appoint and order ; the house of commons it self having never assumed , or in the least degree pretended to a power of iudicature , having no more authority to administer an oath ( the onely way to discover and finde out the truth of facts ) to , then to cut off the heads of any of our subjects ; and this committee being so far from being a part of the parliament , that it is destructive to the whole , by usurping to it self all the power of king , lords , & commons . all who know any thing of parliaments , know , that a committee of either house ought not by the law to publish their own results , neither are their conclusions of any force without the confirmation of the house , which hath the same power of controlling them as if the matter had never been debated ; but that any committee should be so contracted ( as this of examination , a stile no committee ever bore before this parliament ) as to exclude the members of the house , who are equally trusted by their countrey , from being present at the counsells , is so monstrous to the priviledges of parliament , that it is no more in the power of any man to give up that freedom , then of himself to order , that from that time the place for which he serves , shall never more send a knight or burgesse to the parliament ; and in truth is no lesse then to alter the whole frame of government , to pull up parliaments by the roots , and to commit the lives , liberties , and estates of all the people of england to the arbitrary power of a few unqualified persons , who shall dispose thereof according to their discretion , without account to any rule or authority whatsoever . are their friends , their wives , and children ( the greatest blessings of peace and the comforts of life ) precious to them ? would even their penury and imprisonment be lesse grievous by those cordialls ? they shall be devorced from them , banished , and shall no longer remain within the cities of london and westminster , the suburbs and the counties adjacent ; and how far those adjacent counties shall extend no man knows . is there any thing now left to enjoy , but liberty to rebell , and destroy one another ? are the outward blessings onely of peace , property , and liberty taken , and forced from our subjects ? are their consciences free and unassaulted by the violence of these fire-brands ? sure the liberty and freedom of conscience cannot suffer by these men : alasse ! all these punishments are imposed upon them , because they will not submit to actions contrary to their naturall loyalty , to their oathes of allegiance and supremacy , and to their late voluntary protestation , which obliges them to the care of our person and our just rights . now many persons of honour , quality , and reputation of the severall counties of england , are now imprisoned , without any objection against them , but suspicion of their loyalty ? how many of the gravest and most substantiall citizens of london , by whom the government and discipline of that city was preserved , are disgraced , robbed , and imprisoned , without any processe of law , or colour of accusation , but of obedience to the law and government of the kingdom ? whilest anabaptists and brownists , with the assistance of vicious and deboshed persons , of desperate fortunes , take upon them to break up and rifle houses , as publike and avowed ministers of a new invented authority : how many godly , pious , and painfull divines , whose lives and learning hath made them of reverend , estimation , are now standered with inclination to popery , discountenanced , and imprisoned , for discharging their consciences in instructing the people in the christian duty of religion and obedience , whilest shismaticall , illiterate , and scandalous preachers till the pulpits and churches with blasphemy . irreverence , and treason , and incite their auditory to nothing but murther and rebellion . we passe over the vulgar charm , by which they have captivated such who have been contented to dispence with their consciences for the preservation of their estates , and by which they perswade men cheerfully to part with this twentieth part of their estate to the good work in hand , for whoever will give what he hath , may scape robbing ; they shall be repaid upon the publike faith , as all other moneys lent upon the propositions of both houses ; it may be so , but men must be condemned to a strange unthriftinesse who will lend upon such security . the publike faith indeed is as great an earnest as the state can give , and engages the honour , reputation and honesty of the nation , and is the act of the kingdom , 't is the security of the king , the lords and commons , which can never need an executor , can never dye , never be bankrupt , and therefore we willingly consented to it for the indemnity of our good subjects of scotland , ( who we hope will not thinke the worse of it for being so often & so cheaply mentioned since . ) but that a vote of one or both houses should be an engagement upon the publike faith , is as impossible , as that the committee of the house of commons for examinations , should be the high court of parliament . and what is or can be said with the least shadow of reason to justifie these extravagances ? we have not lately heard of the old fundamentall laws which used to warrant the innovations , this needs a refuge even below those foundations : they will say they cannot mannage their great undertakings without such extraordinary wayes ; we think so too , but that proves onely they have undertaken somewhat they ought not to undertake , not that it is lawfull for them to do any thing that is convenient for those ends : we remembred them long agoe , and we cannot do it too often , of that excellent speech of m. pyms : the law is that which puts a difference betwixt good and evill , betwixt just and unjust if you take away the law , all things will fall into a confusion , every man will become a law unto himself , which in the depraved condition of humane nature , must needs produce many great enormities , lust will become a law , and envy will become a law , covetousnesse and ambition will become laws , and what dictates , what decisions such laws will produce may easi y be discerned . it may indeed by the sad instances over the whole kingdom : but will posterity beleeve , that in the same parliament this doctrine was avowed with that acclamation , and these instances after produced ; that in the same parliament such care was taken that no man should be committed in what case soever , without the cause of his imprisonment expressed , and that all men should be inmediately bayled in all cases bayleable , and during the same parliament that alderman pennington , or indeed any body else , but the sworn ministers of iustice , should imprison whom they would , and for what they would , and for as long time as they would ; that the king should be reproached with breach of priviledge for accusing sir iohn hotham of high treason , when with force of arms he kept him out of hull , and despised him to his face , because in no case a member of either house might be committed or accused without leave of that house of which he is a member , and yet that during the same parliament , the same alderman should commit the earle of middlesex ( a peer of the realm ) & the lord buckhurst ( a member of the house of commons ) to the counter , without reprehension ; that to be a traitor ( which is defined and every man understands ) should be no crime , and to be called malignant ( which no body knows the meaning of ) should be ground enough for close imprisonment ; that a law should be made , that whosoever should presume to take tunnage & poundage without an act of parliament , should incur the penalty of a premunire , & the same parliament , that the same imposition should be laid upon our subjects , & taken by an order of both houses , without & against our consent . lastly , that the same parliament , a law should be made to declare the proceedings & judgement upon ship-money to be illegall and void , and during that parliament , that an order of both houses shall , upon pretence of necessity , inable four men to take away the twentieth part of their estates from all their neighbours , according to their discretion . but our good subjects will no longer looke upon these and the like results , as upon the counsells and conclusions of both our houses of parliament ; ( though all the world knows even that authority can never justifie things unwarrantable by the law ) they well know how few of the persons trusted by them are present at their consultations , of above not . and of the house of peers , not a fifth part , that they who are present enjoy not the priviledge and freedom of parliament , but are besieged by an army , and awed by the same tumults which drave vs and their fellow members from thence , to consent to what some few seditious , schismaticall persons amongst them do propose ; these are the men , who joyning with the anabaptists & brownists of london , first changed the government and discipline of that city , and now by the pride and power of that city would undoe the kingdom , whilst their lord major ( a person accused and known to be guilty of high treason ) by a new legislative power of his own , suppresses and reviles the book of common-prayer ; robbs and imprisons whom he thinks fit , and with the rabble of his faction gives laws to both houses of parliament , & tells them , they will have no accommodation whilest the members sent and entrusted by their countreys are expelled the house , or committed for refusing to take the oath of association , to live and dye with the earle of essex , as very lately sir sidney mountague . these are the men who have presumed to send embassadors , and to enter into treaties with forraign states in their own behalfs , having at this time an agent of their own with the states of holland , to negociate for them upon private instructions . these are the men , who not thinking they have yet brought mischief enough upon this kingdom , at this time invite and sollicite our subjects of scotland to enter this land with an army against vs . in a word , these are the men who have made this last devouring ordinance to take away all law , liberty , and property from our people , and have by it really acted that upon our people , which with infinite malice , and no colour or ground , was laboured to be infused into them to have been our intention by the commissions of array . we have done ; what power and authority these men have , or will have , we know not ; for our self we challenge none such . we looke upon the pressures and inconveniences our good subjects bear , even by vs and our army , ( which the army first raised by them enforced vs to levy in our defence , and their refusall of all offers and desires of treaty enforceth vs to keep ) with very much sadnesse of heart . we are so farre from requiring a twentieth part of their estates ( though for their own visible preservation ) that as we have already sold or pawned our own iewells , and coyned our own plate , so we are willing to sell all our own land , and houses for their relief . yet we do not doubt but our good subjects will seriously consider our condition and their own duties , and think our readinesse to protect them with the utmost hazard of our life , deserves their readinesse to assist vs with some part of their fortunes ; and whilest other men give a twentieth part of their estates , to enables them to forfeit the other nineteen , that they will extend themselves to vs in a liberall and free proportion for the preservation of the rest , and for the maintenance of gods true religion , the laws of the land , the liberty of the subject , and the safety and very being of parliaments , and this kingdom : for if all these ever were , or can be in manifest danger , t is now in this present rebellion against vs . lastly , we will and require all our loving subjects of what degree or quality soever , as they will answer it to god , to vs and to posterity , by their oathes of allegiance and supremacy , as they would not be looked upon now , and remembred hereafter as betrayers of the laws and liberty they were born to , that they in no degree submit to this wilde pretended ordinance , and that they presume not give any encouragement or assistance to the army now in rebellion against vs : which if notwithstanding they shall do , they must expect from vs the severest punishment the law can inflict , and a perpetuall infamy with all good men . finis . a declaration of the committee for the militia concerning the penalties that are to be inflicted upon those of the trained-bands that exempt themselves in this present expedition : together with a declaration of the commons assembled in parliament for the raising of money, plate, and horse to be imployed for the aid and assistance of the lord fairfax. committee for the militia of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a declaration of the committee for the militia concerning the penalties that are to be inflicted upon those of the trained-bands that exempt themselves in this present expedition : together with a declaration of the commons assembled in parliament for the raising of money, plate, and horse to be imployed for the aid and assistance of the lord fairfax. committee for the militia of london. p. printed for edward husbands, [london?] : october , . reproduction of original in thomason collection, british library. eng taxation -- england. great britain -- history -- civil war, - -- sources. a r (wing e ). civilwar no a declaration of the committee for the militia: concerning the penalties that are to be inflicted upon those of the trained-bands that exemp committee for the militia of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the committee for the militia : concerning the penalties that are to be inflicted upon those of the trained-bands that exempt themselves in this present expedition . together with a declaration of the commons assembled in parliament , for the raising of money , plate , and horse , to be imployed for the aid and assistance of the lord fairfax . ordered by the commons in parliament , that this be forthwith printed and published : h : elsynge , cler. parl. d. com. printed for edward husbands , october . . all gentlemen souldiers , under the command of lieutenant colonell john hopson , repair to your colours at your rendevouze in this present vvednesday morning , being the eighteenth day of october , . completely armed , fit for service , by seven of the clock there to receive further command from the earl of essex his excellencie , or other officers under him : and if any shall fail to be ready to march away at the hour of eight of the clock , he shall forfeit five shillings ; and if they shall not appear by nine of the clock , ten shillings ; and if they shall not appear by twelve of the clock in saint james field , to march as they shall be directed ; then their shops are to be shut up , and they deprived of trade , and liable to the expulsion out of the lines of communication . and the committee for the militia sitting at worcester-house do further declare , that it is ordred , that every parish from whence the regiment is drawn , shall speedily prepare a large table to be fixed within the respective churches , wherein shall be inscribed the names of all such souldiers that shall voluntarily in person expresse their alacrity and courage in so commendable a service , as a testimony of their good affections , and a perpetuall memoriall to the honour of them and their posterity . a declaration of the commons in parliament , &c. it is this day ordered by the commons in parliament assembled , that the aid and assistance of the lord fairfax shall be especially and respectively recōmended to the counties of norfolk , suffolk , essex , lincoln , & to the city & county of the city of norwich ; and the house doth declare , that it is and shall be held an acceptable service in any man that will give any assistahce in men , money , plate , horse , or ammunition , to the said lord fairfax ; and this house doth ingage the publique-faith for repayment ; and this house doth further declare , that it shal be held an acceptable service in all such as have , or shall encourage others to a cheerfull assistance of the said lord fairfax . and it is further ordered , that sir william constable baronet , and such as he shall depute and appoint , shall have power to receive the severall sums of money , plate , horse , and ammunition subscribed , or to be hereafter subscribed as abovesaid , within the severall and respective counties of essex , suffolk , norfolk , lincoln , and the city and county of the city of norwich , and to apprize the said horses , and to give acquittances and receipts for the same ; which receipts shal be presented to the treasurers at guild-hall , london , to be by the said treasurers received and entred in as full and beneficiall a manner , as if the severall subscribers had actually paid in the severall sums subscribed unto the said treasurers at guild-hall , london , whereby the severall contributers may have the security of the publique-faith for their repayment , as was upon the former propositions for the subscriptions of money , horse and plate , &c. the which money , plate and horse , the said sir william constable or his deputies , shall discharge themselves of by order of the lord fairfax , according to the severall subscriptions , and the intent of the subscribers therein . finis .